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HomeMy WebLinkAbout2003-09-03 MINUTES REGULAR MEETING COTTAGE GROVE CITY COUNCIL September 3, 2003 OPEN FORUM — 7:15 p.m. Open forum provides a person an opportunity to inform the Council of a problem or to request information related to City business not scheduled for Council action and on the Agenda. Mayor Shiely encouraged persons to limit their remarks to two (2) minutes per issue. Present: Mayor Sandy Shiely Council Member Mark Grossklaus Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Kim Lindquist, Community Development Director John Mickelson, Public Safety Director Les Burshten, Public Works Director Corrine Thomson, City Attorney No one spoke during Open Forum. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, September 3, 2003, at the Cottage Grove City Hall, 7516 80th Street South. Mayor Shiely called the meeting to order at 730 p.m. ROLL CALL Present: Mayor Sandy Shiely Council Member Mark Grossklaus Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Also Present:Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Kim Lindquist, Community Development Director Regular Meeting — September 3, 2003 Cottage Grove City Council Page 2 John Mickelson, Public Safety Director Les Burshten, Public Works Director Corrine Thomson, City Attorney Not Present: Mayor Shiely presided over the meeting. ADOPTION OF AGENDA Mayor Shiely stated that Item 12b, Almar Village Workshop, is changed to Item 12a and the workshop for Municipal Trash Containers is changed to Item 12b. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5 -0. APPOINTMENTS AND PRESENTATIONS A. PRESENTATIONS Mayor Shiely stated that earlier this evening she received a check from the Cottage Grove Soccer Association, representing a donation to pay for the paving of the parking lot at Kingston Park. She stated that the amount of the check is $29,528.00 and she thanked the Cottage Grove Soccer Association for the donation and for their support. Swearing in Ceremony — Police Officers Michael McCormick and Patrick Nickle. Mayor Shiely stated that this evening the City of Cottage Grove is swearing in two new police officers, Officer Michael McCormick and Officer Patrick Nickle. She asked the Council to join her for the swearing in ceremony. City Administrator Schroeder administered the oath for Officer Michael McCormick. Officer McCormick's mother, Geri McCormick, presented and pinned her son with his badge. City Administrator Schroeder administered the oath to Officer Patrick Nickle. Officer Nickle was presented and pinned with his badge by his father, Paul Nickle, and his son, Cody Nickle. Public Safety Director Mickelson provided a history of their badges and welcomed them both to the Cottage Grove Police Department. B. APPOINTMENTS NONE APPROVAL OF MINUTES Regular Meeting—September 3, 2003 Cottage Grove City Council Page 3 NONE CONSENT CALENDAR MOTION BY WOLCOTT, SECONDED BY KOHLS, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MEETING MINUTES: i. PUBLIC WORKS COMMISSION OF JUNE 9, 2003. ii. ECONOMIC DEVELOPMENT AUTHORITY OF JULY 8, 2003. iii. PLANNING COMMISSION OF JULY 28, 2003. B. ADOPT RESOLUTION NO. 03-162 TO REQUEST CONVEYANCE OF THREE TAX- FORFEIT PARCELS FROM THE STATE OF MINNESOTA TO THE CITY OF COTTAGE GROVE. C. ADOPT RESOLUTION NO. 03-163 AMENDING 2003 PAY PLAN AND BENEFITS FOR EMPLOYEES NOT COVERED BY A LABOR CONTRACT FOR THE CITY OF COTTAGE GROVE (REPEALS RESOLUTION NO. 02-235). D. APPROVE THE ISSUANCE OF A TEMPORARY ARCHERY HUNTING PERMIT TO ROBERT JUCKEL OF 8451 - 110T" STREET TO ALLOW ARCHERY HUNTING ON HIS PROPERTY FOR THE 2003 ARCHERY SEASON FROM SEPTEMBER 13, 2003 TO DECEMBER 31, 2003. E. AUTHORIZE REPLACEMENT OF ROOFS ON WELL HOUSE #7, WELL HOUSE #8, AND THE BOOSTER STATION. F. ADOPT RESOLUTION NO. 03-164 DECLARING COSTS ON PROPOSED ASSESSMENTS FOR THE HIGHLAND HILLS 1 ST ADDITION STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RESOLUT/ON NO. 03-165 CALLING FOR HEARING ON PROPOSED ASSESSMENTS FOR THE HIGHLAND HILLS 1ST ADDITION STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RESOLUT/ON NO. 03-166 DECLARING COSTS ON PROPOSED ASSESSMENTS FOR THE SUMMIT AT HIGHLAND HILLS ADDITION STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RESOLUTION NO. 03-167 CALLING FOR HEARING ON PROPOSED ASSESSMENTS FOR THE SUMMIT AT HIGHLAND HILLS ADDITION STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RESOLUTION NO. 03-168 DECLARING COSTS ON PROPOSED ASSESSMENTS FOR THE HOMESTEAD AT HIGHLAND HILLS ADDITION STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RESOLUTION NO. 03-169 CALLING FOR HEARING ON PROPOSED ASSESSMENTS FOR THE HOMESTEAD AT HIGHLAND HILLS ADDITION STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RESOLUTION NO. 03-170 DECLARING COSTS ON PROPOSED ASSESSMENTS FOR THE TIMBER RIDGE 3RD ADDITION STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RESOLUTION NO. 03-171 CALLING FOR HEARING ON PROPOSED ASSESSMENTS FOR THE TIMBER RIDGE 3RD ADDITION STREET AND UTILITY IMPROVEMENT PROJECT. Regular Meeting— September 3, 2003 Cottage Grove City Council Page 4 ADOPT RESOLUTION NO. 03-172 DECLARING COSTS ON PROPOSED ASSESSMENTS FOR THE TIMBER RIDGE 5TH ADDITION STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RESOLUTION NO. 03-173 CALLING FOR HEARING ON PROPOSED ASSESSMENTS FOR THE TIMBER RIDGE 5TH ADDITION STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RESOLUT/ON NO. 03-174 DECLARING COSTS ON PROPOSED ASSESSMENTS FOR THE PINE SUMMIT 4TH ADDITION STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RESOLUTION NO. 03-175 CALLING FOR HEARING ON PROPOSED ASSESSMENTS FOR THE PINE SUMMIT 4TH ADDITION STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RESOLUTION NO. 03-176 DECLARING COSTS ON PROPOSED ASSESSMENTS FOR THE PINE SUMMIT 5TH ADDITION STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RESOLUTION NO. 03-177 CALLING FOR HEARING ON PROPOSED ASSESSMENTS FOR THE PINE SUMMIT 5TH ADDITION STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RESOLUTION NO. 03-178 DECLARING COSTS ON PROPOSED ASSESSMENTS FOR THE HIDDEN VALLEY 11TH ADDITION STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RESOLUT/ON NO. 03-179 CALLING FOR HEARING ON PROPOSED ASSESSMENTS FOR THE HIDDEN VALLEY 11TH ADDITION STREET AND UTILITY IMPROVEMENT PROJECT. G. ADOPT RESOLUTION NO. 03-180 APPROVING THE FINAL PLAT FOR HALE'S RIVER BLUFF ACRES. H. APPROVE THE MNDOT SUPPLEMENTAL AGREEMENT NO. 2. I. ADOPT RESOLUTION NO. 03-181 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE HAMLET PARK POND EXPANSION PROJECT. J. AUTHORIZE THE COTTAGE GROVE FIRE DEPARTMENT TO SELL A 1976 PIRSCH AERIAL LADDER. MOTION CARRIED 5-0. Mayor Shiely stated that if anyone is present for issues on the Consent Calendar all have been passed. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES NONE PUBLIC HEARINGS NONE BID AWARDS Regular Meeting—September 3, 2003 Cottage Grove City Council Page 5 NONE UNFINISHED AND NEW BUSINESS A. Consider Adoptinq the Proposed 2004 Budqet and Proposed 2003 Tax Levv Collectible in 2004 for the City of Cottaqe Grove. Finance Director Hedberg provided the Council with a presentation of the tax process. He explained that the General Fund is not in a balanced state and provided Council with a summary of the General Fund. He stated that they would meet again in October to discuss various options that could adjust the deficit. He explained that the County Auditor would prepare and distribute the Truth in Taxation notices in November and that they would hold the Truth in Taxation hearing in December. He reviewed the operating budget totals for revenues, expenditures, and the remaining deficit, including a general summary breakdown as it compares to the previous year. He provided Council with a review of the levy limits for 2004 noting that this year the General Levy could go as high as 60% of the total amount of State Aid lost in 2004. He reviewed the summary breakdown of the 2004 Preliminary Levy and the Debt Service Levy with Council stating that the action Staff is requesting from Council is to adopt the proposed 2004 operating budget, the preliminary property tax levy and schedule the Truth in Taxation Hearing in December. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 03-182 ADOPTING A PROPOSED 2004 BUDGET FOR THE CITY OF COTTAGE GROVE. MOTION CARRIED 5-0. MOTION BY KOHLS, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 03-183 ADOPTING THE PROPOSED 2003 TAX LEVY COLLECTIBLE IN 2004. MOTION CARRIED 5-0. B. Consider Settinq Date for the 2003/Pavable in 2004 Truth in Taxation Hearinq. Mayor Shiely reviewed the available dates with Council. Council agreed by consensus to schedule the Truth in Taxation Hearing on December 9, 2003 at 7:00 p.m. and schedule the continuation meeting on December 17, 2003 at 6:30 p.m. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS 1. Response to Council Reqardinq the Storm Water Pond Located bv Park Hiqh School. Mayor Shiely stated that Council has received the information and clarified with Community Development Director Lindquist that everything is in compliance. Regular Meeting—September 3, 2003 Cottage Grove City Council Page 6 Council Member Wolcott stated that the area could use more clean up of the weeds and brush. He stated that it does need to have a better appearance for the area. Council Member Kohls agreed. Community Development Director Lindquist stated that they would trim the vegetation. COUNCIL COMMENTS AND REQUESTS Mayor Shiely stated that she received a call from a resident who expressed concerns that the trees along Jamaica Avenue were not being watered. Public Works Director Burshten stated that the trees are being watered regularly. Mayor Shiely stated that she has had conversations with several of the residents who live on the west side of Hadley Avenue regarding the traffic changes in their area. She stated that they expressed their appreciation for the decrease in traffic and are now asking what the City's long-range plan is for addressing the traffic along Hadley. She stated that the biggest concern is with speeding alon� that area. It was suggested that the City create signage to encourage people to utilize 95 h when it opens and to also consider installing a stop sign between 90�h and 95�h. She expressed her agreement and suggested that Council consider including Hadley and the traffic impact in their long range planning process. Council Member Kohls agreed noting that last summer Hadley residents contacted her to express their concerns regarding the speeding along Hadley Avenue. She stated that they borrowed a speed gun and spent some time clocking individuals along that area. She noted that the average speed was 50 miles per hour or better. She agreed that speeding has gotten bad in this area and is a concern that should be addressed. PAY BILLS MOTION BY WOLCOTT, SECONDED BY GROSSKLAUS, TO APPROVE PAYMENT OF CHECK NUMBERS TO 130806 THROUGH 131003 TOTALING $1,671,157.20. (CHECKS 130806-130826 IN THE AMOUNT OF $68,346.85 ISSUED PRIOR TO COUNCIL APPROVAL.) MOTION CARRIED 5-0. WORKSHOP SESSION — OPEN A. Provide Direction to Staff on Siqnaqe at Almar Villaqe. Community Development Director Lindquist stated that the City Council approved the Almar Village project in May, 2001. She stated that a condition of approval required submission of a comprehensive sign package for City review and approval. She explained that the property owner has submitted sign covenants noting that Staff feels that they are too vague and general and allow too much inconsistency between the signs. She further explained that the property owner has requested that the item come before Council for further direction. She referenced the Center elevation presented to the City during the review process stating that it was indicated that the signs would be plastic signage over a wood backdrop with exposed gooseneck lamps. She stated that the lamps are in place and all signs would be illuminated Regular Meeting—September 3, 2003 Cottage Grove City Council Page 7 by the lamps and not internally illuminated. She stated that Staff has provided Council with illustrations of the four sign applications received for the Center noting that each one varies in style and color. She explained that Staff is not interested in restricting color stating that they hope to bring some uniformity and consistency to the Center's signs. She stated that their primary concern is the construction and the visual appearance of the signs and suggested that the applicants choose one sign style for the construction in order to maintain continuity. She reviewed concerns with respect to additional logos and tag lines noting that � there is a need for more consistency that would be complementary to the Center and the signage. She stated that to provide a better basis for signage in multi-tenant centers, the Planning Commission has reviewed a draft sign ordinance that has a more clear sign control. She reviewed the draft ordinance with Council noting that the Planning Commission would be reviewing the draft ordinance again in September. She suggested drafting language that would be more consistent, similar to the Gateway Center. She stated that Staff supports proper signage for businesses noting that there is a concern that the current draft sign covenants are too general and would allow signage that is not cohesive. Mayor Shiely referenced the Seasons Market in Woodbury and asked if this is the type of signage that Staff is looking for. Community Development Director Lindquist noted that the colors and lettering do vary adding that the construction and materials are similar. Council Member Kohls reviewed her understanding of the discussions Council has had regarding the aesthetics and agreed that they want continuity between the businesses. She referenced the four signs noting that the only continuity is the shape of the backboard. She stated that this is not what Council intended. She agreed that it is time that the City raise the bar stating that she would like to see more continuity between the businesses with respect to the signage. Mayor Shiely agreed stating people are more drawn to an area with upscale signage. She stated that it provides a more welcoming appearance to the area. Community Development Director Lindquist noted that the sign covenants would run with the property permanently. She clarified that Staff's concern is that the sign covenants should be written with very clear and detailed language. Council Member Wolcott agreed that signage is very important, as it is what draws people to the business. He expressed his disappointment stating that it was his understanding that when the project was approved it was understood that the signage would be more consistent between the businesses at the Center. He referenced an EDA meeting discussion regarding development where it was said that the signage should be consistent with respect to size, lettering and colors. He agreed that there should be some consistency. Gary Walshauer, Tollefson Development, stated that this is a very difficult issue. He explained that when a national chain is considering a space for lease they want to be able to use their national signage and logo styles. He explained that small business owners in the community usually do not have the expense money to put into expensive signage. He reviewed the sign covenant with Council noting that there would be no neon signs, no internal illumination adding that backboards would be provided. He explained that the logo Regular Meeting— September 3, 2003 Cottage Grove City Council Page 8 and lettering is sized to fit the sign stating that the size has been limited sufficiently for each storefront. He stated that they have worked hard to get the covenant drafts to a point where Community Development Director Lindquist is happy with it and suggested utilizing the City Attorney to draft the sign covenants. Steve Dennis, Dennis Brothers Liquor, stated that he is into his first full month of business and that things have gone very well. He reviewed the process he took in creating his sign with Council noting that he spent 3 years surveying the metro area liquors scene, visiting 80 stores, in order to determine what they would like to incorporate and not incorporate into the sign. He explained that the sign is the first thing a customer sees when approaching the business and that he considered the use of imagery as an integral part of how they present themselves to their client base. He provided Council with an overview of various signage photographs he had taken in the area and reviewed the materials used to create the signs. He stated that he presented his final sign design to Tollefson and received their approval noting that it fits properly within the confines of sign covenant. He reviewed the lighting and logo designs with Council noting that he found a variety of signage that includes multiple logos throughout the City of Cottage Grove. He respectfully asked Council to consider his proposed signage for approval noting that he has already purchased and paid for his sign at a cost of$3,000.00. Mayor Shiely clarified that Council would not be making any decisions this evening. She asked Mr. Dennis if he was clear that Council would have final approval of the proposed signage. Mr. Dennis explained that he did not receive clear instruction adding that he did not realize the degree they had to go to in order to put together signage that complies with the covenant. Mayor Shiely acknowledged Mr. Dennis' $3000 investment for his sign and clarified that he did not know that the proposed sign was subject to City approval first. Mr. Dennis clarified that he was not aware of the approval process through the City. He explained that it was his understanding that if approved by Tollefson it was ok to move forward with the sign. He stated that he is looking for a reasonable way to handle this situation. Tracy Demmick, Cottage Grove, owner of the Faith Christian Bookstore, stated that she does like the proposed design for the Dennis Brothers Liquor sign adding that she feels that she should not have to make her sign exactly the same as the others. She expressed concerns stating that it can be difficult to recognize and separate businesses when each business has the same exact sign. Mayor Shiely asked Ms. Demmick if she knew that the proposed signage was subject to City approval. Ms. Demmick stated that she was not aware that the proposed signage also required approval of the City and Council. She reviewed her understanding of the approval process with Council. Mr. Walshauer clarified that it does state in the lease that the proposed signage would have to be approved by both Tollefson and the City. He stated that is not their intent to lead anyone astray with respect to the signage requirements or approval process. Mayor Shiely clarified that Council is not attempting to stifle businesses coming into Cottage Grove adding that the City is trying to attract new business and with that uplift the signage in Regular Meeting— Sepfember 3, 2003 Cottage Grove City Council Page 9 Cottage Grove. She stated that Almar is very unique among the malls currently in Cottage Grove noting the exterior and rural location. She stated that concerns have been expressed many times that the Center could become an eyesore. She explained that all Council wants is continuity and consistency with the signage. She further explained that Council has never intended to review each individual sign for approval nor do they want to review each and every sign. She stated that it was her understanding that when they reached the final agreement that it included some form of continuity with signage. Council Member Wolcott stated that the original presentation made to the City Council showed a higher standard of signage noting that the proposed signage does not meet that standard. He stated that national chains do not always get what they want with respect to signage and clarified that this Center is located in a residential area not a commercial area. He stated that they want a higher standard with respect to where the Center is located. He stated that it is Tollefson's responsibility to ensure that the tenants understand the covenant and signage requirements. He referenced the logo and tag line issues stating that he would like to see more thought process on these issues. He clarified that the Council wants the Center to be successful and also to carry quality standards. He stated that he does not want to review every sign. Mr. Walshauer reviewed the colors approved for the signage background stating that he would work with City to provide what they are looking for. Community Development Director Lindquist stated that discussions have been going on for several months noting that this is the third draft. She stated that presently there is no covenant and Staff would not approve the proposed signage. She explained that Staff is asking for direction from Council so they can draft the final covenants. Council Member Kohls reviewed her preferences with Council noting that they have heard, from the residents, that they want the bar raised for aesthetics. She stated that she does not have an issue with a picture or tag line included within the space of the sign as long as it is tastefully done. She further stated that she couldn't see, if someone has already spent money for a sign, that they should be expected to throw it out because the requirements were not clearly defined. She suggested making an exception for this time only and further clarify the ordinance and covenants for future tenants. Council Member Grossklaus expressed concerns stating that he is not impressed with Tollefson and how they have handled this project. He stated that if the sign designs were faxed and approved by Tollefson, but not provided to the City for approval, by Tollefson, that it is then the responsibility of Tollefson to pay the bills for the signs already purchased. He stated that he is not happy with the project as a whole. He stated that it is Tollefson's responsibility to ensure that information has been provided and clearly explained prior to approval and that it is also Tollefson's responsibility to include the City Council in the approval process. Council Member Wolcott stated that signage should have been clarified and determined before any business had even moved into the Center. He acknowledged that they have Regular Meeting—September 3, 2003 Cottage Grove City Council Page 10 people who are investing in a business and do not have signs for their businesses adding that they have to make sure that this does not happen again. Council Member Rice reviewed the proposed signs and suggested changes that would allow consistency between the businesses stating that he does not want to limit the design. He clarified that he does want to identify a minimum requirement that can be used going forward. Mayor Shiely clarified that Council issues are with respect to continuity and consistency. She expressed concerns for the business owners stating that this issue should be resolved quickly. Mark Gerry, Hastings, Subway representative, reviewed the signage standards with Council. He stated that he could work with the background colors adding that the coloring for the letters should remain as presented. Ms. Demmick stated that she is willing to work with Staff in regard to the background colors and expressed concerns regarding additional expenses. Council Member Kohls encouraged Tollefson to work with the tenants and suggested that Tollefson come up with a plan that would help the tenants. City Administrator Schroeder clarified Council's concerns noting the covenants, consistency in construction with same backing, similar colors for background with muted letters and a bead board look. Council Member Grossklaus agreed with City Administrator Schroeder's suggestion and noted that Ms. Demmick has already purchased her business sign and that she should not have to spend additional dollars to comply. He stated that if someone is going to pay the cost it should not be the individual tenant. He stated that Tollefson should work with the tenants noting that they were faithful in following their directions. He stated that they cannot penalize one business because of a lack of clarification with respect to the signage requirements. Mayor Shiely agreed with Council Member Grossklaus stating that she does not want any business owner out dollars because of a lack of clarification. She suggested that Tollefson assist the business owners in developing signage that would be consistent. Council Member Wolcott suggested including this issue on the next City Council agenda and requested that an update be provided to Council. Community Development Director Lindquist stated that they would work to put together requirements that would offer some flexibility in addition to consistency. Mayor Shiely called a break at 9:32 p.m. Mayor Shiely called the meeting back to order at 9:44 p.m. Regular Meefing—September 3, 2003 Cottage Grove City Council Page 11 B. Receive Information Reqardinq Municipal Trash Containers. Public Works Director Burshten reviewed the municipal trash container issues noting that this issue came up during a discussion regarding the solid waste ordinance. He stated that it was found that several commercial areas were not in compliance. He provided the Council with an overview noting that they put together a report that provides information that would bring them into compliance. He reviewed the costs with Council noting that they determined the pricing, including enclosures, would be between $250-$500 for each container. Council Member Kohls clarified that this discussion began with residents who have trash containers in view noting that the issue has now grown to encompass all trash containers, both residential and commercial. She reviewed the expenses involved noting that with the current budget situation she is concerned as to where the dollars would come from to cover the cost to upgrade. She stated that now is not a good time to discuss upgrading the trash receptacles and that she is not prepared to spend this kind of money on trash containers when they have so many other budget issues that take priority. City Administrator Schroeder reviewed the funding process with Council. Mayor Shiely noted the need for compliance adding that if the City is requiring new businesses to have large waste containers enclosed and out of site that the compliance should also include the City. City Administrator Schroeder stated that Staff would put together a plan to present for Council review and consideration that would include residential and commercial requirements. Council Member Wolcott noted the expense involved for enclosures and asked City Administrator Schroeder to review where the dollars would come from and update Council. City Administrator Schroeder stated that he would include that information in the report. WORKSHOP SESSION — CLOSED NONE ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY RICE, TO ADJOURN THE MEETING AT 9:55 P.M. MOTION CARRIED 5-0. Respectfully submitted, Bonita Sullivan Timesavers Off Site Secretarial, Inc.