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HomeMy WebLinkAbout2004-04-07 MINUTESREGULAR MEETING COTTAGE GROVE CITY COUNCIL April 7, 2004 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 Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance & Administrative Services Director Howard Blin, Community Development Director Tom Thompson, Consultant, BRAA John Mickelson, Director Public Safety Les Burshten, Public Works Director Corrine Thomson, City Attorney Dick Polta, 9600 Geneva Avenue South, a resident of St. Paul Park, stated that he would like to discuss the rebuilding of Grey Cloud Trail past the Mississippi River, referencing the Washington County Bulletin news article that discussed raising the road elevation an additional four feet. First, he indicated he does not want to see the City spend money on an elevation that would not be high enough or to have it wash away in a flood. Raising the road an additional eight feet would elevate the road enough past the current flood elevations. Mayor Shiely thanked Mr. Polta for his time and concerns. She stated that Council has received the documentation and would review the information prior to making any decisions. Council Member Kohls thanked Mr. Polta for the information and requested that the engineering staff review the documentation and area further. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, April 7, 2004, at the Cottage Grove City Hall, 7516 80� Street South. Mayor Sandy Shiely called the meeting to order at 7:30 p.m. Regular Meeting — Apri17, 2004 Cottage Grove City Council Page 2 ROLL CALL Present: Mayor Sandy Shiely Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Howard Blin, Community Development Director Tom Thompson, Consultant, BRAA John Mickelson, Director Public Safety Les Burshten, Public Works Director Corrine Thomson, City Attorney Absent: None ADOPTION OF AGENDA Mayor Shiely amended the agenda, adding under Presentations as new Item 2.B, Swearing in Ceremony of Greg Rinzel to the position of Police Sergeant. MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. APPOINTMENTS AND PRESENTATIONS A. PRESENTATIONS 2003 Cottaae Grove Photo Contest Winners Mayor Shiely asked the Council to come forward to recognize the winners of the Cottage Grove annual photo contest and present awards. Finance & Admin Services Director Hedberg presented the photographs for the audience to view. Hedberg announced the winners of its third annual City photo contest. He stated that the photo contest judges were Randy Lynch from Custom Photography, Patricia and Larry Nevin from Heritage Photography, and the Honorable Mayor of Cottage Grove, Sandy Shiely. He stated that the three categories in this year's contest were landmarks, nature and people, and announced the winners: People Category: . First Place — Lori Larson . Second Place — Amelia LaCrosse Nature Category: Regular Meefing — April 7, 2004 Cottage Grove City Council Page 3 • First Place — Annette Bastolich • Second Place — Hank Drabczak Landmarks Category: • First Place - Thomas Demma • Second Place — Hank Drabczak 2. Swearing in Presentation: Serqeant Greq Rinzel City Administrator Schroeder perFormed the swearing in ceremony for Sergeant Greg Rinzel. He provided the Council with a brief overview of Sergeant Rinzel's background stating that he has been with the department since 1995 and that this a promotion for him. Schroeder provided Council a brief overview of Sergeant Rinzel's background. Sergeant Rinzel's wife, presented and pinned him with his sergeant badge. 3. Presentation of Lidar Handheld Laser — Safe and Sober Campaiqn Participation Bob O'Brien and Susie Palmer representatives from the Office of Traffic Safety Safe and Sober Program present the City of Cottage Grove with a Lidar hand-held laser. Ms. Palmer explained that the award is being presented to the City after a random drawing of 225 agencies that participated in the November and December Safe and Sober Campaign. Cottage Grove was one of 12 agencies that would be receiving similar awards from the drawing. B. APPOINTMENTS NONE APPROVAL OF MINUTES A. February 4, 2004 Regular Meeting Mayor Shiely stated that the minutes stand approved as presented. B. February 18, 2004 Regular Meeting Mayor Shiely stated that the minutes stand approved as presented. CONSENT CALENDAR Council Member Kohls pulled Item 4F and Item 4X for discussion. Item 4F relates to upgrading the skateboard equipment at Hamlet Park. Kohls acknowledged that the current skateboard equipment is not safe and stated that the reason she pulled the item is because the $50,000 cost surprised her and that this is an unbudgeted project. Regular Meeting — April 7, 2004 Cottage Grove City C�uncil Page 4 Council Member Kohis asked if a portion of the funds received would go to the Park Trust Fund. City Administrator Schroeder stated that all of the funds received through sale of Oakwood Park property would go to the Parks Fund and that the funds would be used for upgrades at Hamlet Park. Council Member Kohls expressed concerns that the equipment upgrade is an un-budgeted item stating that $50,000 for a skateboard park is high. She asked if other Council Members feel the same. Mayor Shiely asked Zak Docktor to give an overview of costs for park and playground equipment. Mr. Docktor explained that the skateboard equipment upgrade has always been a part of the park improvements budget noting that they had initially budgeted $30,000.00 for the upgrade and found, after reviewing the area that the dollar amount would not be sufficient. He further explained that they want to be sure that the equipment installed would be used and that all ages would be able to fully utilize the equipment. Council Member Kohls explained that she is trying to justify the amount and asked if they knew what percentage, of the citizens, use the skateboard park. Mr. Dockter explained that at any point in time you could find one up to fifteen children using the facility. Public Works Director Burshten confirmed that the park is utilized consistently, on a daily basis. He stated that they have attempted a number of different angles with respect to upgrading and maintaining the equipment. Part of the problem is that the equipment takes such a beating that they have had to have outside vendors make repairs. He noted that they have also received several donations over the year to help maintain the equipment. Burshten indicated that some metro cities are spent up to $200,000 for their skateboard park noting that the youth do use the facilities. He stated that he is very confident that they would get their use out of the park adding that he has not received any complaints from residents in the area. Council Member Kohls asked what the initial investment was in the skateboard park. City Administrator Schroeder stated that the initial costs were approximately $5,000.00. Council Member Kohls asked if they would still be approaching the Council for an un- budgeted $50,000.00 if the skateboard park were located at Kingston Park. City Administrator Schroeder explained that the reason they are requesting the funds now is because they have an existing park that is in need of repair. He explained that the insurance company has determined that the park equipment is not safe and has to be replaced or removed. Schroeder explained that they had to decide on elimination or replacement of the equipment and, if replacing, at what level and cost. Council Member Kohls stated that she wants to be sure this is the right thing to do. She expressed concerns regarding the budget noting that if they take $50,000 out for an unbudgeted item, it would be $50,000 that would have to be replaced from somewhere else for the Hamlet Park expansion. She agreed that they should do what they can to maintain the park. Regular Meeting — Apri17. 2004 Cottage Grove City Council Page 5 City Administrator Schroeder clarified that the dollars are going to be from the Park Trust Fund and the question that should be addressed is whether they replace or remove the equipment. He stated that if Council knows of a better location, other than Hamlet Park, then it should be discussed. Council Member Wolcott stated that a lot of work was done to determine if this would work out. He acknowledged that a large number of people do utilize the facility noting that many of the children that use the facility are children who are not involved in organized sports. He agreed that they are at a point where they should make a decision as to whether the equipment should be replaced or removed. Wolcott agreed that it is apparent that the children in the community do use the park and that the equipment would be expensive. Council Member Kohls clarified that she is not opposed to the skateboard park noting that the Hamlet Park expansion is going to be extremely expensive and money would be tight throughout the project. Mayor Shiely agreed with the budget concerns noting that they have not budgeted the dollars from the sale of the Oakwood property. She acknowledged that they have yet to decide on how they would use the funds noting that there is a list of items, including team sports equipment. She stated that Council Member Wolcott has a valid point in that they do have a lot of younger people who are not in organized sports that utilize this facility. Mr. Docktor stated that this was included, last year, as a part of the 2004 CIP adding that with the budget cuts, it was pushed out to 2008. He noted that the original amount budgeted was for $30,000.00. The only reason they are addressing this equipment now is due to the extensive deterioration of the equipment and the notice the City received from the insurance company to replace or remove the equipment. Council Member Grossklaus stated that he does not want to see the equipment removed, as it would create issues and complaints from the local businesses in the area regarding skateboarders using the walkways. The Council then discussed item 4X, Subdivision Agreement for Summerhill Crossing development. Council Member Kohls referenced page two of the Staff memo and asked for clarification on the materials they plan to use to pave the two-foot wide strip between the six-foot wide concrete sidewalk and street curbing. Community Development Director Blin stated that the question is whether they should use exposed aggregate or stamped color concrete. He explained that they are proposing the use of exposed aggregate as it is less expensive and more durable. He further explained that the subdivision agreement requires the installation of sidewalks on both sides of Pine Arbor Drive and that Mr. Rygh has requested deferring pavement of the sidewalk on the southeast side of Pine Arbor Drive until the first commercial development comes in. Regular Meeting — April 7, 2004 Cottage Grove City Council Page 6 Mike Rygh, 835 Clinton Avenue, stated that sidewalks were not initially required in the PUD. He stated that it would be a mistake to install the sidewalks now and try to build around them. Rygh stated that the best time to install the sidewalks is when they are pouring the driveways and curbs, in phases, as development occurs. Council Member Kohls clarified that Mr. Rygh is asking Council to discuss delaying placement of the sidewalks on Pine Arbor Drive, in addition to whether the sidewalks are even needed. Mr. Rygh expressed concern stating that he is not in support of installing the sidewalks now. Mayor Shiely commented she is comfortable with Mr. Rygh's request to re-visit the sidewalk issue with the next phase of his development. MOTION BY RICE, SECONDED BY WOLCOTT, TO DELETE THE SIDEWALK REQUIREMENT ON THE SOUTHEAST SIDE OF PINE ARBOR DRIVE SUBJECT TO FURTHER DISCUSSION AND CONSIDERATION AT A LATER DATE. MOTION CARRIED 5-0. MOTION BY WOLCOTT, SECONDED BY RICE, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MEETING MINUTES: I. PLANNING COMMISSION OF FEBRUARY 23, 2004. B. APPOINT ROGER PETERSON TO SERVE AS AN ALTERNATE COMMISSION DIRECTOR FOR THE CITY OF COTTAGE GROVE ON THE SOUTH WASHINGTON COUNTY TELECOMMUNICATIONS COMMISSION. C. ADOPT RESOLUT/ON NO. 04-040 APPROVING FINAL PAYMENT IN THE AMOUNT OF $47,218.84 TO ARCON CONSTRUCTION COMPANY ON THE TIMBER RIDGE 3 RD ADDITION UTILITY, STREET AND STREET LIGHTING IMPROVEMENT PROJECT. D. APPROVE CHANGE ORDER #1 FOR THE PINE SUMMIT 7 ADDITION PROJECT. E. RECEIVE A GRANT FROM THE MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY IN THE AMOUNT OF $5,000.00 FOR THE PURCHASE OF 4 NEW SETS OF FIREFIGHTER BUNKER GEAR. F. AUTHORIZE REPLACEMENT OF SKATEBOARD PARK EQUIPMENT AT HAMLET PARK AND AUTHORIZE STAFF TO SOLICIT QUOTES FOR THE NEW EQUIPMENT. G. ADOPT RESOLUTION NO. 04-041 AUTHORIZING EXECUTION OF A GRANT AGREEMENT RELATING TO THE ADMINISTRATION AND IMPLEMENTATION OF A JUVENILE CRIME COORDINATED ENFORCEMENT PLAN. H. APPOINT RICHARD ALT TO THE POSITION OF WORKING FOREMAN IN THE UTILITIES DIVISION OF PUBLIC WORKS. I. APPROVE CHANGE ORDER #1 FOR THE DEEP WELL NO. 11 PROJECT. J. APPROVE THE STREET LIGHTING AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND WASHINGTON COUNTY FOR THE INSTALLATION OF STREET LIGHTING AT THE INTERSECTION OF COUNTY ROAD 19 AND 19A (INNOVATION AVENUE SOUTH) AT NORTH AND SOUTH TH 61 RAMPS AND MILLER ROAD. Regular Meeting — April 7, 2004 Cottage Grove City Council Page 7 K. ADOPT RESOLUT/ON NO. 04-042 AUTHORIZING SOLICITATION OF A GRANT IN THE AMOUNT OF $2,500 FROM THE GORDON AND MARGARET BAILEY FOUNDATION FOR THE RECREATION DEPARTMENT'S U-LEAD AND U/R PROGRAMS. L. ADOPT RESOLUTION NO. 04-043 AMENDING THE CITY FEE SCHEDULE. M. AUTHORIZE THE PURCHASE OF AN AUDIO/VISUAL TRAINING SYSTEM FOR THE FIRE DIVISION USING FUNDS FROM THE ASHLAND OIL REFINERY SETTLEMENT IN THE AMOUNT OF $4,698.34, $500.00 DONATED BY COUNCIL MEMBER KOHLS, $250.00 FROM DUI FORFEITURE FUND, AND $250.00 FROM CRIMINAL FORFEITURE FUND, NOT TO EXCEED $5,698.34. N. ADOPT RESOLUT/ON NO. 04-044 APPROVING APPLICATION OF COTTAGE GROVE LIONS CLUB FOR RENEWAL OF PREMISE PERMIT TO CONDUCT LAWFUL PURPOSE GAMBLING AT THE NEW MOON RESTAURANT AND SPORTS BAR, 8180 HADLEY AVENUE SOUTH, COTTAGE GROVE, MINNESOTA, FOR THE PERIOD JUNE 1, 2004 TO MAY 31, 2006. O. RATIFY THE APPOINTMENT OF MYRON BAILEY AS THE CHAIR OF THE PLANNING COMMISSION FOR 2004. P. APPROVE THE AGREEMENT WITH THE WASHINGTON COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO PROVIDE POLICE AND RECREATION SERVICES AT THE PARKSIDE HOUSING COMMUNITY. THE AGREEMENT FOR 2004 WILL COMPENSATE THE CITY FOR ITS SERVICES IN AN AMOUNT NOT TO EXCEED $29,615.00. Q. AUTHORIZE THE PURCHASE OF A TORO WORKMAN 4200 MAINTENANCE VEHICLE FROM MTI DISTRIBUTING FOR THE PARKS MAINTENANCE DIVISION IN THE AMOUNT NOT TO EXCEED $19,911.24 (AFTER TRADE-IN AND SALES TAX). R. AUTHORIZE THE APPOINTMENT OF KEN BOYDEN AS CHAIRPERSON, DAVID THIEDE AS VICE-CHAIRPERSON AND DAVID ANDERSON AS SECRETARY OF THE PUBLIC WORKS COMMISSION FOR 2004. S. AUTHORIZE THE PURCHASE OF A TORO GROUNDSMASTER 4100-D ROTARY MOWER FROM MTI DISTRIBUTING FOR THE PARKS MAINTENANCE DIVISION IN AN AMOUNT NOT TO EXCEED $36,235.56 (INCLUDES TRADE-IN AND SALES TAX). T. ADOPT RESOLUTION NO. 04-045 AWARDING THE DEEP WELL #4 MAINTENANCE PROJECT TO KEYS WELL DRILLING IN THE AMOUNT OF $38,095.00. U. ADOPT RESOLUTION NO. 04-046 A RESOLUTION IN SUPPORT OF CONTINUED COLLABORATION BETWEEN THE CITY OF COTTAGE GROVE AND WASHINGTON COUNTY TO DEVELOP A SOUTH SERVICE CENTER. V. AUTHORIZE EMERGENCY REPAIR OF WELL #8 BY KEYS WELL DRILLING. W. AUTHORIZE THE APPOINTMENT OF MANUEL ALBERTO RICART TO FULFILL AN UNEXPIRED TERM ON THE PLANNING COMMISSION, WHICH ENDS FEBRUARY 28, 2007; AND THE APPOINTMENT OF SHANNON NITSCH TO A THREE-YEAR TERM ON THE PLANNING COMMISSION ENDING FEBRUARY 28, 2007. X. APPROVE THE SUBDIVISION AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND THOMPSON LAND DEVELOPMENT FOR THE PUBLIC IMPROVEMENTS WITHIN PINE ARBOR BOULEVARD IN THE SUMMERHILL Regular Meeting — April 7, 2004 Cottage Grove City Council Page 8 CROSSING DEVELOPMENT, AS AMENDED ABOVE, AND ADOPT RESOLUTION NO. 04-047 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SUMMERHILL CROSSING. Y. ADOPT RESOLUT/ON NO. 04-048 APPOINTING THE CITY ADMINISTRATOR AS PRIVACY AND COMPLAINT OFFICIAL AND ASSIGNING DUTIES FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA). Z. ADOPT RESOLUTION NO. 04-049 AUTHORIZING SOLICITATION OF DONATIONS FROM A VARIETY OF BUSINESSES AND ORGANIZATIONS FOR COTTAGE GROVE'S 11 ANNUAL SAFETY CAMP. AA. ADOPT RESOLUTION NO. 04-050 A RESOLUTION IN SUPPORT OF LEGISLATION PROVIDING PARITY IN STATE TAX TREATMENT BETWEEN COGENTRIX LSP AND POWER GENERATING FACILITIES THROUGHTOUT THE STATE OF MINNESOTA. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES NONE PUBLIC HEARINGS A. Consider Aqprovinq a Conditional Use Permit to allow the Cottaqe Grove Athletic Association (CGAA) to Operate a Binqo Hall at a space in the Grove Plaza Shoppinq Center. Community Development Director Blin stated that the Cottage Grove Athletic Association is requesting a conditional use permit to operate "Cottage Grove Bingo" within the Grove Plaza Shopping Center. He explained that the Bingo Hall is currently located in the Cottage Square Mall and that due to the upcoming redevelopment of the property a new site is being sought for their operation. He noted that the Bingo Hall falls under the general category of commercial recreational use and that within a B-2, Retail Business Zoning District, it is allowed only by conditional use permit. Blin explained that the primary issue considered by the Planning Commission was the parking spaces at the shopping center. He stated that this was a concern given the current request for a conditional use permit from American Sports Bar and Grill, which would be located next door to the Bingo Hall. Blin stated that the Planning Commission determined that since most bingo sessions would be held at night, at times outside the peak parking demand that sufficient parking exists to accommodate the bingo operation. He indicated that the letters received from Home Depot and Rainbow Foods supports the conclusion noting that sufficient parking does exist to accommodate the parking demands for this site. The Planning Commission also added recommended conditions, which restrict gambling operations to bingo and pull tabs and required conformance to the sign criteria for the shopping center. Regular Meeting — April 7, 2004 Cottage Grove City Council Page 9 Council Member Wolcott noted that in minutes of the Planning Commission there was discussion to try to limit the CUP for the Athletic Association only and current gambling activities. City Attorney Thomson stated that a CUP goes with the property not an individual. Also, under Minnesota Statute, only clubs, religious, fraternal and other non-profit organizations would be eligible for gambling licensure. Council Member Grossklaus asked if Planning considered the impact it could have on other businesses in the mall and how it would impact the parking. Community Development Director Blin clarified that the main concern was the parking demand for Home Depot and that their demand is similar to a Target Store. He stated that they do not believe it would impact the other businesses adding that it is their belief that the parking would be adequate long-term. Mayor Shiely opened the Public Hearing at 8:27 p.m. AI Boche, 8816 Ivystone Court South, President of the Athletic Association, clarified the question of limiting the CUP only to the Cottage Grove Athletic Association, stating that it was outlined as part of their lease conditions that all profits would have to go back to the children of the community. He stated that they could not bring in another partner or sell to another without negotiation. Mayor Shiely clarified that they are changing their name from Fantasy Cruise Bingo. Mr. Boche confirmed stating that their official name would be Cottage Grove Bingo. Mayor Shiely closed the Public Hearing at 8:31 p.m. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUT/ON NO. 04-051 APPROVING A CONDITIONAL USE PERMIT FOR A COMMERCIAL RECREATION USE TO ALLOW THE COTTAGE GROVE ATHLETIC ASSOCIATION TO OPERATE A BINGO HALL AT GROVE PLAZA. MOTION CARRIED 5-0. BID AWARDS NONE UNFINISHED AND NEW BUSINESS A. Consider Authorizinq Issuance of a Class A Premise Permit to the Cottaqe Grove MOTION BY RICE, SECONDED BY WOLCOTT, TO ADOPT RESOLUTION NO. 04-052 APPROVING APPLICATION OF THE COTTAGE GROVE ATHLETIC ASSOCIATION/DBA COTTAGE GROVE BINGO FOR A CLASS "A" PREMISES PERMIT TO CONDUCT Regular Meeting — April 7, 2004 Cottage Grove Cfty Council Page 10 LAWFUL PURPOSE GAMBLING AT 7282 EAST POINT DOUGLAS ROAD, COTTAGE GROVE, MINNESOTA. MOTION CARRIED 5-0. B. Consider Grantinq a Conditioned Site Plan Approval for a 17 124 Square Foot Retail Center to be located on the Northwest Corner of Hardwood Avenue and Harkness Avenue Council tabled this Application at their March 17, 2004 Meetinq Pendinq Additional Desiqn Review Information. Community Development Director Blin stated that Eugene Stoltz has applied for a zoning amendment to change the zoning from R-2, Residential Estate to B-2, Retail Business, for property located on the northwest corner of Hardwood Avenue and Harkness Avenue and for a site plan review of a proposed 17,124 square foot retail center to be located on the property. He noted that at the March 17, 2004 City Council meeting the requested zoning amendment was approved as requested. He noted that the key issue during previous discussions was with respect to semi-truck movements to the rear of the site and whether a semi could get in and out of the area. He stated that initially they thought they had it solved noting that after further analysis they determined that it would not be possible with the current configuration. He reviewed the requirements with the Council. He explained that the trailer of the cab would have to swing out as much as ten feet beyond the proposed curb line, wnich would require a setback of 20 to 30 feet. He stated that there is no solution without extending the pavement to the north and reviewed two potential options with Council. He stated that they could continue with the existing site plan and not allow semis, with no variance, or approve the variance and move forward with the changes. He stated that he has had conversations with the property owner to north of the site regarding the development. He indicated that the property owner is not pleased with the proposed site plan and has requested additional landscaping to buffer the area from her property if the variance is approved. Council Member Wolcott expressed concerns stating that the last thing he wants to see is a large truck, the size of a semi, backing out onto Hardwood without sight lines. He stated that he would support a design that provides the area needed for turn-around but not for the entire length proposed. He noted that he would also like a condition included that would require additional plantings for a buffer to the residential area. Mayor Shiely agreed stating that the conditions would be based on approval of a variance. Council Member Wolcott clarified that this request would require a public hearing. Community Development Director Blin confirmed that it would require a public hearing and it would also have to go back to the Planning Commission for their review. City Attorney Thomson clarified that if the variance request is not approved it would render this proposal null. She explained that it would be the most prudent to obtain an extension from the applicant for the 60-day period to allow the variance �rocess to occur. Community Development Director Blin stated they are already into the 20� day of a 60-day extension adding that it is possible to get this back before Council within the 60 days. Mike Rygh stated that he owns property at the north end of Harkness and expressed concerns regarding the traffic flow in the area. He stated that they should be more Regular Meeting — April 7, 2004 Cottage Grove City Council Page 11 responsible noting that it sounds as though Ruby Tuesday wants to exit out to Harkness. Mayor Shiely clarified that Ruby Tuesday does not want an exit point onto Harkness. Mr. Rygh stated that signs posted in the area would not be adequate enough to prevent frequent access to Harkness. He suggested that Council consider a cul-de-sac in that area stating that this would force the traffic out onto Hardwood. He expressed concerns that the current proposal could cause trouble with future planning in the area noting that the area would eventually become a residential area. He suggested that Council consider special provisions to address the traffic concerns in this area noting that the trucks would be a huge problem in addition to the general public utilizing the businesses in the center. He stated that he wants to be sure this issue is not dropped. Mayor Shiely agreed noting that this is a concern of theirs too. She stated that they have several options to consider. Mr. Rygh asked if this would be resolved prior to approving the development. He expressed concerns that they would approve the development prior to making a decision regarding the traffic issues. Mayor Shiely clarified that the discussion was with respect to how to keep the semis out and off from Harkness. Mr. Rygh suggested conferring with the Police Department to determine if people would follow the signs. Council Member Wolcott assured Mr. Rygh that they plan to do something to try and deter people from using Harkness. He explained that they plan to have Engineering and the Public Works Department review and provide input for the best solution. He noted that it is a City road, open for people to utilize. He stated that they could not actually shut down the street completely. Mr. Rygh suggested getting an engineered solution, to include on the proposal, prior to approving the project. He stated that the City should consider creating an island in the area that would help to discourage frequent use. He noted that the person creating this situation should be responsible for the costs. Council Member Kohls thanked Mr. Rygh stating that she tried to say the same thing at the last Council meeting. She explained that her concerns are with respect to the cost and that she wants the residents on Harkness to know that they would not be assessed. She stated that she finds it hard to believe that anyone wanting or needing access to 70` Street is going to use the current proposed design. She agreed that this is not fair to the residents on Harkness and encouraged Staff to work with the developer to improve the plan. She expressed concerns regarding the site lines and residents' safety and asked City Administrator Schroeder if he could give her an idea of the amount of commercial business space in the area. City Administrator Schroeder stated that beyond what is there today the center could potentially have another 156,000 square feet of retail/commercial, with all customers going through this intersection. He agreed that they could end up with huge traffic issues adding that Engineering and Public Works should review the project prior to Council approval. Mr. Thompson indicated that the project has already been reviewed and provided the Council with an overview of the feedback received. He stated that they are also reviewing the sight lines and right of way issues during the planning process, as it relates to the reconstruction of Regular Meeting — Apri17, 2004 Cottage Grove City Council Page 12 Harkness. He stated that they do not have any solutions at this time as they are still working through the feedback and suggestions they have received. He noted that some of the options being considered include a traffic calming island or a cul-de-sac. Mr. Rygh noted that Harkness is one of the more challenging roads of the area stating that they are making a major change that would impact traffic in the area. He urged the Council to address these concerns prior to approval of any development. He suggested creating a cul-de-sac with an emergency overflow area stating that now is the time to address these issues, prior to giving permission. Mayor Shiely asked Mr. Rygh if he has any idea how the residents along Harkness would feel about the cul-de-sac. Mr. Rygh stated that it is his belief that the residents would support a cul-de-sac noting the safety issues. Council Member Grossklaus asked if staff has a map that shows the area and the distance between these areas. Community Development Director Blin reviewed the rear and front access areas with Council. Council Member Grossklaus asked where the residential driveways are located. City Administrator Schroeder reviewed the location of the driveways with Council. Cheryl Mann, 7571 Harkness, expressed her concerns stating that her objection is not with new businesses but the additional traffic it would bring. She stated that she does not mind the residential traffic adding that she does not want the business traffic. She stated that the traffic would increase considerable and become very unsafe for the children in the area. She urged Council to consider these issues prior to approval. Council Member Kohls asked her if she felt it would reduce the value of her property. Ms. Mann stated that it is her belief that the increase in traffic would definitely reduce the value of her property. Council Member Rice asked Ms. Mann where she would prefer to see the cul-de-sac. Ms. Mann stated that she does not have a preference noting that she would drive either direction if the effort were to alleviate the increase of traffic in her neighborhood. She stated that she would poll the neighborhood to get an idea of their preferences and provide an update to Council. MOTION BY WOLCOTT TO DIRECT THE CITY ENGINEER TO WORK WITH STAFF AND PROVIDE COUNCIL WITH A PLAN THAT WOULD DETER BUSINESS TRAFFIC FROM HARKNESS AVENUE. MOTION FAILED DUE TO LACK OF A SECOND. Mayor Shiely stated that she would have voted against the request due to the issue of the variance. She stated that she feels very strongly that when businesses abut a residential area and do not allow for a reasonable turn-around area that the plan should then be reworked to allow for a turnaround. She stated that the area also requires adequate buffering from the residential area. She noted that they do not have a complete motion and asked if this automatically denies the request. Regular Meeting — Apri17, 2004 Cottage Grove City Council Page 13 City Attorney Thomson clarified the 60-day statute with Council stating that a failure of motion shall constitute denial of the request. She stated that the denial should also include statements as to why it was denied. City Administrator Schroeder suggested another possible motion could be approval of the site plan contingent upon satisfactory traffic calming options that are approved by City Council. He suggested that Staff come back in two to four weeks with traffic calming options that would meet with Council approval. He noted that approval would be contingent and suggested that the variance not be included. He stated that approval would also include a note clarifying that not all semis would be able to back into the area. Council Member Rice agreed stating that the businesses would have to notify their suppliers that they would need to use shorter vehicles for their deliveries. MOTION BY SHIELY, SECOND BY RICE TO ADOPT A RESOLUTION APPROVING THE SITE PLAN REVIEW OF THE SHOPPES AT GATEWAY NORTH, A RETAIL CENTER TO BE LOCATED ON THE NORTHWEST CORNER OF HARDWOOD AVENUE AND HARKNESS AVENUE CONTINGENT UPON CITY COUNCIL APPROVAL OF A REASONABLE TRAFFIC CALMING OPTION THAT DOES NOT INCLUDE A VARIANCE AND INCLUDES A NOTE CLARIFYING THAT NOT ALL SEMIS WOULD BE ABLE TO BACK INTO THE DELIVERY AREA. MOTION FAILED 2-3 (NAY—KOHLS, WOLCOTT, RICE). Council Member Kohls expressed concerns stating that it is her belief they are making a big mistake. She stated that the larger trucks are going to need access into the area. She stated that she is concerned, as she does not understand why Council is so eager to approve this request. She stated that it is her opinion that this has not been designed well for business traffic and the engineering issue is huge. She stated that there is a need to perform a current traffic study of the area adding that they are a creating a huge traffic issue, similar to the Cub Foods area. She stated that she would vote no regardless of a variance or conditions. Council Member Wolcott stated that he likes what they have done so far to resolve the Harkness issues. He stated that his concerns are with the delivery area and lack of room for turnaround. He stated that to believe a semi would not try to use this area is being unrealistic adding that he too would vote no. MOTION BY SHIELY, SECOND BY RICE, TO RECALL THE PREVIOUS MOTION. MOTION CARRIED 5-0 Richard Krum, RKA Architects, stated that they are discussing a project of approximately 17,000 square feet and 88 parking spaces noting that it would not have anywhere near the impact on Harkness that is currently believed. He expressed concerns stating that it is his belief that it would be a mistake to allow this to trigger discussion. He stated that they should not be held accountable for people who do not obey or respect posted signage. He stated that all they are talking about is a semi's ability to be able to access noting that a semi Regular Meeting — April 7, 2004 Cottage Grove City Council Page 14 delivery would probably be rare. He stated that he had owned a retail business at one time noting that most deliveries are made with Federal Express size trucks. He stated that the most common carrier for the food industry is Cisco noting that their average truck size is 48- feet long and that most of their urban deliveries are made using their 38-foot truck. He provided Council with an overview of their turnaround ability stating that it would be possible to redesign the delivery area and eliminate the variance. He stated that they could push the building over ten feet. He stated that Harkness is another issue that is not his issue adding that he does not believe he should be held accountable for a City problem. Community Development Director Blin stated that the applicant was previously granted an extension of the City's review period. There are approximately 40 days left in the extension. He stated that Mr. Krum has been very cooperative throughout the project. Mr. Krum acknowledged that this was Mr. Stoltz's dream and that if Mr. Stoltz were still alive, he too would have continued to work hard with Council. Mayor Shiely explained to Mr. Krum that it is Council's belief that they are trying to get too much into too little space. She stated that she agrees with Mr. Krum in that the traffic issues on Harkness are a City concern noting that whether the property is developed or not, these are issues that have to be considered overall. She acknowledged that the traffic flow concerns on Harkness are not specifically his issue adding that it is an issue of concern for all businesses in this area and it is an issue that Council would continue to review. She stated that providing a buffer and reasonable turnaround space for delivery trucks are issues that could be addressed if the site plan is reworked. She stated that all Council is asking is if he could have additional time to work with Staff to try and resolve these issues. Mr. Krum agreed stating that he would be willing to work with Staff to find a solution that would be workable for everyone. City Attorney Thomson noted that there are 40 days remaining in the current 60-day extension. She suggested that Council consider tabling this discussion to allow the applicant the time to work with Staff on a resolution and come back for review with Council within the 40 days. She stated that this would give everyone an opportunity to rework the site plan. Mayor Shiely asked engineering to continue to work with Mr. Krum on the request and motion that failed. She asked that they work through the issues within the next 40 days and present the resolution to Council for consideration within the next 40 days. City Attorney Thomson clarified that this would be a denial for another 60-day extension. She stated that if everyone is in agreement then Council could treat the application as pending for rework unless Council does not want to consider this application any further. Council Member Kohls clarified that they could deny a motion and bring it back. City Attorney Thomson clarified the denial process and reviewed the 60-day extension period noting that there would not be an automatic approval. She stated that there was not a motion to deny and if Council and the applicant want to move forward, they are not precluded to work through the proposal. She acknowledged that it is possible it could trigger another 60-day extension but at this point they are discussing allowing the applicant to work through the remaining period. Regular Meeting — April 7, 2004 Cottage Grove City Council Page 15 MOTION BY RICE, SECONDED BY GROSSKLAUS, TO TABLE FOR FURTHER DICUSSION AND REVIEW AT MAY 5, 2004 REGULAR CITY COUNCIL MEETING. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS NONE COUNCIL COMMENTS AND REQUESTS Council Member Grossklaus referenced the discussion Council just had on the last project stating that he seriously thinks the Council should be aware of the impacts of traffic throughout Cottage Grove. He expressed concerns stating that the bank entrance would become a nightmare. He agreed that Staff should review the traffic issues and determine how they are going to deal with them. Council Member Kohls agreed. Mayor Shiely stated that on April 15, 2004 the City Council is sponsoring a trade show at the River Oaks Golf Course Clubhouse at 7:00 p.m. PAY BILLS MOTION BY KOHLS, SECONDED BY GROSSKLAUS, TO APPROVE PAYMENT OF CHECK NUMBERS 133787 THROUGH 134067 TOTALING $570,328.33. (CHECKS 133787 — 133812 IN THE AMOUNT OF $60,766.70 ISSUED PRIOR TO COUNCIL APPROVAL.) MOTION CARRIED 5-0. WORKSHOP SESSION — OPEN NONE WORKSHOP SESSION — CLOSED NONE ADJOURNMENT MOTION BY RICE, SECONDED BY KOHLS, TO ADJOURN THE MEETING AT 9:35 P.M. MOTION CARRIED 5-0. Respectfully submitted, Bonita Sullivan TimeSaver Off Site Secretaria/, Inc.