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HomeMy WebLinkAbout2001-08-15 MINUTES . : AGENDA COTTAGE GROVE CITY COUNCIL AUGUST 15, 2001 Persons wishing to address the Council during this meefing are asked to fill out a "Speaker Signup Form"and return the form to any Staff Member prior to the start of the meeting. Speaker Signup Forms are located on each audience chair in the Council Chamber. OPEN FORUM - 7:15 P.M. Persons may address the City Council on subjects that are not a part of the Regular Meeting agenda, but must limit remarks to two (2) minutes. Open forum will adjourn to the Regular Meeting promptly at 7:30 p.m. Open Forum and a portion of fhe Regular Meeting are televised LIVE, airing on Government Channe116. REGULAR MEETING - 7:30 P.M. CALL TO ORDER — Mayor ROLL CALL — City Clerk 1. ADOPTION OF AGENDA 2. PRESENTATIONS 3. APPROVAL OF MINUTES A. March 28, 2001 Special Meeting. B. June 20, 2001 Special Meeting. C. June 20, 2001 Regular Meeting. D. July 3, 2001 Special Meeting. E. July 18, 2001 Regular Meeting. F. July 26, 2001 Special Meeting. G. August 1, 2001 Regular Meeting. 4. CONSENT CALENDAR A. Accept and Place on File the Following Minutes: B. Consider adoption of resolution approving final payment in the amount of $90,525.53 to Tower Asphalt, Inc. for the 80th Street South Reconstruction Project. Staff Recommendation:Adopt the resolution. The work for this project has been inspected and found acceptable by the City Engineer. C. Accept grant money awarded to the Fire Division from Wells Fargo for the purchase of a Thermal Imaging Unit. Stafif Recommendation:Adopt a resolution approving the agreement with Wells Fargo Foundation Minnesota and accept the grant award in the amount of$8,500.00. AUGUST 15, 2001 AGENDA Cottage Grove City Council D. Adopt resolution accepting donations toward the purchase of an unbudgeted thermal imager unit for the fire department. Staff Recommendation:Adopt resolution as proposed. Donations to date total$18,357, including this donation and the Wells Fargo contribution. E. Consider approval of Change Order#1 for the 2001 Street and Trail Improvement Project. Staff Recommendation:Approve Change Order#1 for the 2001 Street and Trail Improvement Project. F. Consider approval of Change Order#1 for the Hidden Valley 9th Addition Utility and Street Improvements Project. Staff Recommendation:Approve Change Order#1 for the Hidden Valley 9th Addition Utility and Street/mprovements Project. G. Consider authorizing issuance of a single-occasion gambling permit to Ducks Unlimited for a raffle to be held at the VFW Red Barn, 9260 East Point Douglas Road, on September 12, 2001. Staff Recommendation:Authorize issuance of the single-occasion gambling permit. During the required background investigation, no facts were found which would constitute denial of the permit. H. Consider authorizing issuance of a single-occasion gambling permit to the Cottage Grove Area Chamber of Commerce for a raffle, bingo and pull tabs to be held at the Mississippi Dunes Golf Links, 10351 Grey Cloud Trail, on October 14, 2001. Staff Recommendation:Aufhorize issuance of the single-occasion gambling permit. During the required background investigafion of the applicant, no facts were found which would constitute denial of the application. I. Consider accepting an anonymous donation in the amount of$2,000. Staff Recommendation:Accept the donation. The donor requested that the amount be split equally between the Police and Fire Divisions of the Cottage Grove Public Safety Department. J. Consider declaring costs to be assessed and call for public hearings on assessment projects. Staff Recommendation:Adopt resolutions declaring costs and calling for public hearings on the following projects:Hidden Valley 10th Addition, Pine Grove Addition, Kingsborough Woods 2nd Addition, and Lodges at Pine Summit 1st Addition. K. Consider adopting a resolution accepting donations of cash for the Great Grove Get Together. Staff Recommendation:Adopt the resolution. The cash donations totaled$3,290.00. L. Consider approval of an amendment to Rose of Sharon Lutheran Church's interim conditional user permit to allow a preschool to operate in their temporary location in vacant retail space in Grove Plaza and to extend the time period of the permit. Staff Recommendation:Adopt the resolufion approving the amendment to Rose of Sharon Lutheran Church's interim conditional use permit fo allow a preschool to operate in fheir temporary location in vacant retail space in Grove Plaza and to extend the time period of the permit. M. Accept donation in the amount of$1,800 from 3M Cottage Grove on behalf of the Public Safety, Fire and Recreation departments for the 8th Annual Youth Safety Camp. Staff Recommendation:Accept donation in the amount of$1,800 from 3M Cottage Grove on behalf of the Public Safety, Fire and Recreation departments for the 8th Annual Youth Safety Camp. AUGUST 15, 2001 AGENDA Cottage Grove City Council N. Consider approval of the subdivision agreement between WH Investments, LLC and the City of Cottage Grove for Carly's Addition (Walgreen's) Staff Recommendation:Approve the subdivision agreement for Carly's Addition. O. 1. Consider directing that the Ice Arena portion of the Ice Arena/Park Maintenance position remain unfilled, with the opportunity to make work assignments as needed from existing Public Works personnel. 2. Consider authorizing the filling of the vacancy in the Park Maintenance operation pursuant to the above. Staff Recommendation: 1. Direct that the Ice Arena portion of the Ice Arena/Park Maintenance position remain un�lled, with the opportunity to make work assignments as needed from existing Public Works personnel. 2. Authorize the filling of fhe vacancy in the Park Maintenance operation pursuant to the above. ***P. Appoint Zachary Dockter to the position of Arena/Recreation Manager. Staff Recommendation:Approve the appointment. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES 6. PUBLIC HEARINGS A. Hold a Public Hearing, and consider adopting a resolution requesting a grant extension of one year from the Minnesota Investment Fund for the Renewal by Andersen grant deadline. Staff Recommendation:Hold fhe public hearing and adopt the resolution requesting the grant extension. B. Hold Public Hearings (3) and consider adopting resolutions (3) awarding business subsidies for American AGCO, Twin City Poultry, and the 80th Street Redevelopment Project. Staff Recommendation:Hold the public hearings and adopt the resolutions. 7. BID AWARDS **A. Consider awarding bid for construction of the Almar Village Utility and Street Improvement Project to Hydrocon, Inc., who was the lowest responsible bidder, in the amount of$466,714.00. Staff Recommendation:Adopt the resolution awarding a contract to Hydrocon, Inc. for construction of the Almar Village Utility and Street Improvement Project in the amount of $466,714.00. 8. UNFINISHED AND NEW BUSINESS A. Consider approval of a conditional use permit and site plan review to allow an addition to Up North Plastics and a variance to allow loading docks along the side of a building facing a public street. Staff Recommendation:Adopt the resolution approving the conditional use permit, variance, and site plan review to allow construction of an addition at Up North P/astics. B. Consider approval of a conditional use permit and site plan review to allow Rainbow Foods to construct a fuel center on the former Burger King site at Grove Plaza, and a variance to reduce the number of required parking spaces. Staff Recommendation:Adopf fhe resolution approving the conditional use permit, site plan review, and variance to reduce the number of required parking spaces to allow Rainbow Foods to construct a fuel center on fhe former Burger King site at Grove Plaza. . . ., AUGUST 15, 2001 AGENDA Cottage Grove City Council C. Consider approval of a conditional use permit, preliminary plat and site plan review to allow construction of a church at 11900 Manning Avenue for The Church of Jesus Christ of Latter Day Saints, and denial of a zoning amendment to change the zoning from AG-1, Agricultural Preservation, to R-1, Rural Residential. Staff Recommendation:Adopt the resolution approving the conditional use permit, preliminary plat and site p/an review to allow construction of a church for The Church of Jesus Christ of Latter Day Saints. Adopt the resolution denying a zoning amendment to change the zoning from AG-1 to R-1. D. Hear response to Council regarding Matt Francis' request to change the hunting ordinance. Staff Recommendation:As Mr. Francis was not present when this item was originally considered at the June 20, 2001 City Council Meeting, he will be in attendance on August 15 to address Council on the subject. E. Consider approval of a comprehensive plan amendment to bring approximately 117 acres of land located on the northwest corner of Hadley Avenue and 110th Street into the city's Metropolitan Urban Service Area (MUSA). Staff Recommendation:Adopt the resolution approving a comprehensive plan amendment to bring approximately 117 acres of land located on the northwest corner of Hadley Avenue and 110th Street into the MUSA. *F. Consider approval of a preliminary plat creating finro commercial lots; a site plan review with variances for a Home Depot retail store to be located in Grove Plaza; a conditional use permit to allow seasonal outdoor sales and outdoor storage; a variance to off-street parking requirements, and an interim conditional use permit for seasonal sales with restrictions. Staff Recommendations:Adopt the resolufion approving the preliminary plat and the resolution approving the conditional use permit, variances, interim conditional use permit, and site plan review for the proposed Home Depot retail store to be located at Grove P/aza. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS 10. COUNCIL COMMENTS AND REQUESTS 11. PAY BILLS A. Approve payment of check numbers 119971 to 1120212 in the amount of $769,645.13. 12. WORKSHOP SESSION — OPEN TO PUBLIC 13. WORKSHOP SESSION — CLOSED TO PUBLIC ADJOURNMENT * Contains Supplemental Information ** Packet Item Submitted 8/13/01 *** Packet Item Submitted 8/14/01 REGULAR MEETING COTTAGE GROVE CITY COUNCIL August 15, 2001 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 Pat Rice Council Member Cheryl Kohls Council Member Jim Wolcott Council Member Rod Hale Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Michael Zurbey, Acting Director Public Safety Jerry Bourdon, City Engineer, BRAA Les Burshten, Public Works Director Kim Lindquist, Director of Community Development Michelle Wolfe, Assistant City Administrator Corrine Thomson, City Attorney, Kennedy and Graven No one appeared under Open Forum. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, August 15, 2001, at the Cottage Grove City Hall, 7516 80th Street South. Mayor Shiely called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor Sandy Shiely Council Member Pat Rice Council Member Cheryl Kohls Council Member Jim Wolcott Council Member Rod Hale Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director John Mickelson, Police Captain Jerry Bourdon, City Engineer, BRAA Les Burshten, Public Works Director Kim Lindquist, Director of Community Development Regular Meeting—August 15, 2001 Cottage Grove City Council Page 2 Michelle Wolfe, Assistant City Administrator Corrine Thomson, City Attorney, Kennedy and Graven Mayor Shiely presided over the meeting. ADOPTION OF AGENDA MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE THE FINAL AGENDA. MOTION CARRIED 5-0. PRESENTATIONS Mayor Shiely stated that this evening there are a couple historical characters that the Council would like to recognize. She wished City Engineer Jerry Bourdoin a Happy 50th Birthday and Community Development Director Kim Lindquist a Happy 40th Birthday. She also acknowledged Council Member Kohls' birthday this weekend and City Administrator Schroeder's birthday next week. APPROVAL OF MINUTES A. March 28, 2001 Special Meeting B. June 20, 2001 Special Meeting C. June 20, 2001 Regular Meeting D. July 3, 2001 Special Meeting E. July 18, 2001 Regular Meeting F. July 26, 2001 Special Meeting G. August 1, 2001 Regular Meeting Mayor Shiely stated the minutes are approved as presented. CONSENT CALENDAR Community Development Director Lindquist stated that Item 4N, a Subdivision Agreement between WH Investments, LLC and the City of Cottage Grove for Carly's Addition (Walgreen's), is removed from the Agenda at the request of the developer. Council Member Rice stated that Consent Items C, D, I, K & M are donations from businesses and individuals and thanked all for their donations. MOTION BY WOLCOTT, SECONDED BY RICE, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MEETING MINUTES: NONE. B. ADOPT RESOLUTION NO. 01-107, A RESOLUTION APPROVING THE FINAL PAYMENT IN THE AMOUNT OF $90,525.53 TO TOWER ASPHALT, INC. FOR THE 80T" STREET SOUTH RECONSTRUCTION PROJECT. C. ADOPT RESOLUTION NO. 01-108. A RESOLUTION ACCEPTING A DONATION OF $8,500.00 FROM WELLS FARGO FOR THE PURCHASE OF A THERMAL IMAGING Regular Meeting—August 15, 2001 Cottage Grove City Council Page 3 DEVICE FOR THE FIRE DIVISION. D. ADOPT RESOLUTION NO. 01-109, A RESOLUTION ACCEPTING DONATION OF $277.00 FROM ZION LUTHERAN CHURCH FOR THE PURCHASE OF A THERMAL IMAGING DEVICE FOR THE FIRE DIVISION. E. APPROVE CHANGE ORDER NO. 1 TO THE 2001 STREET AND TRAIL IMPROVEMENT CONTRACT WITH TOWER ASPHALT INC. FOR AN ADD-ON OF $33,050.00. F. APPROVE CHANGE ORDER NO. 1 TO THE HIDDEN VALLEY 9T" ADDITION UTILITY AND STREET IMPROVEMENTS CONTRACT WITH BURSCHVILLE CONSTRUCTION INC., FOR A DEDUCT OF $12,965.00. G. AUTHORIZE ISSUANCE OF A SINGLE-OCCASION GAMBLING PERMIT TO DUCKS UNLIMITED FOR A RAFFLE TO BE HELD AT THE COTTAGE GROVE VFW LOCATED AT 9260 EAST POINT DOUGLAS ROAD ON SEPTEMBER 12, 2001. H. AUTHORIZE ISSUANCE OF A SINGLE-OCCASION GAMBLING PERMIT TO THE COTTAGE GROVE AREA CHAMBER OF COMMERCE FOR A RAFFLE TO BE HELD AT THE MISSISSIPPI DUNES GOLF LINKS, 10351 GREY CLOUD TRAIL ON OCTOBER 14, 2001. I. ADOPT RESOLUT/ON NO. 01-109.1, A RESOLUTION ACCEPTING AN ANONYMOUS DONATION IN THE AMOUNT OF $2,000.00 TO BE SPLIT EQUALLY BETWEEN THE POLICE AND FIRE DIVISIONS. J. ADOPT RESOLUTION NO. 01-110, A RESOLUTION DECLARING COSTS TO BE ASSESSSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR LODGES AT PINE SUMMIT 1ST ADDITION UTILITY AND STREET IMPROVEMENTS. ADOPT RESOLUTION NO. 01-111, A RESOLUTION CALLING FOR HEARING SEPTEMBER 19, 2001 ON PROPOSED ASSESSMENTS FOR THE LODGES AT PINE SUMMIT 1ST ADDITION UTILITY AND STREET IMPROVEMENT PROJECT. ADOPT RESOLUTION NO. 01-112, A RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR PINE GROVE ADDITION UTILITY AND STREET IMPROVEMENTS. ADOPT RESOLUT/ON NO. 01-113, A RESOLUTION CALLING FOR HEARING SEPTEMBER 19, 2001 ON PROPOSED ASSESSMENTS FOR THE PINE GROVE ADDITION UTILITY AND STREET IMPROVEMENTS. ADOPT RESOLUT/ON NO. 01-114, A RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR HIDDEN VALLEY 10T" ADDITION UTILITY AND STREET IMPROVEMENTS. ADOPT RESOLUTION NO. 01-115, A RESOLUTION CALLING FOR HEARING SEPTEMBER 19, 2001 ON PROPOSED ASSESSMENTS FOR THE HIDDEN VALLEY 10T" ADDITION UTILITY AND STREET IMPROVEMENTS. Regular Meeting—August 15, 2001 Cottage Grove City Council Page 4 ADOPT RESOLUTION NO. 01-116, A RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR KINGSBOROUGH WOODS 2ND ADDITION UTILITY AND STREET IMPROVEMENTS. ADOPT RESOLUTION NO. 01-117, A RESOLUTION CALLING FOR HEARING SEPTEMER 19, 2001 ON PROPOSED ASSESSMENTS FOR THE KINGSBOROUGH WOODS 2ND ADDITION UTILITY AND STREET IMPROVEMENTS. K. ADOPT RESOLUTION NO. 01-118, A RESOLUTION ACCEPTING DONATIONS TOTALING $3,290.00 FOR THE GREAT GROVE GET TOGETHER FESTIVAL. L. ADOPT RESOLUTION NO. 01-119, A RESOLUTION APPROVING AN AMENDMENT TO AN INTERIM CONDITIONAL USE PERMIT (RESOLUTION NO. 00-256) ISSUED TO ROSE OF SHARON LUTHERAN CHURCH TO ALLOW A CHURCH FUNCTION AND ANCILLARY USES IN A B-2 RETAIL BUSINESS DISTRICT AT 7282 EAST POINT DOUGLAS ROAD SOUTH. M. ADOPT RESOLUT/ON NO. 01-120, A RESOLUTION ACCEPTING DONATION OF $1,800.00 FROM 3M COTTAGE GROVE FOR $1,800.00 FOR COTTAGE GROVE�S $TH ANNUAL YOUTH SUMMER SAFETY CAMP. N. REMOVED FROM AGENDA. O. DIRECT THAT THE ICE AREA PORTION OF THE ICE ARENA/PARK MAINTENANCE POSITION REMAIN UNFILLED WITH THE OPPORTUNITY TO MAKE WORK ASSIGNMENTS AS NEEDED FROM EXISTING PUBLIC WORKS PERSONNEL. AUTHORIZE STAFF TO FILL THE VACANCY IN THE PARK MAINTENANCE OPERATION. P. APPROVE THE APPOINTMENT OF ZACHARY DOCKTER TO THE POSITION OF ARENA/RECREATION MANAGER. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES— NONE. PUBLIC HEARINGS A. Hold Public Hearing and Consider Adopting Resolution Requesting a Grant Extension of One Year from the Minnesota Investment Fund for the Renewal by Andersen Grant Deadline. Assistant City Administrator Wolfe stated that Staff recommends approval of the resolution requesting a grant extension of one year from the Minnesota Investment Fund for Renewal by Andersen. She explained that Renewal has met three of four goals and that the one-year extension would allow additional time to meet the final goal,job creation. She reviewed each of the goals and their process with the Council. Regu/ar Meeting—August 15, 2001 Cottage Grove City Council Page 5 Wolfe explained that at the July 10, 2001 meeting, the EDA approved a motion to recommend that the City Council approve the grant extension. She stated that officials from Renewal by Andersen feel strongly that they will be able to meet the job goals by July 1, 2002, adding that representatives from the company are present to answer any questions from the Council. Wolfe explained that if the resolution were not approved, Renewal by Andersen would be required to pay a pro-rated share of the grant back to the State of Minnesota. She further explained that per the Department of Trade and Economic Development, the applicable statute allows for a one-year extension. Mayor Shiely opened the Public Hearing at 7:40 p.m. Craig Evelitch, representing Renewal by Andersen, reviewed the proposal with the Council. He stated that this business has experienced tremendous growth. He provided a business overview of Renewal by Andersen to the Council. He explained that the Renewal facility is Andersen Windows' first entry into the business. He stated that the facility was built in 1999 and is currently in 43 different markets across the United States. He stated that they currently employ 228 employees and noted that many of the employees reside in Cottage Grove and the surrounding areas. Mr. Evelitch reviewed future plans of the business. He noted that they are expanding their products and services, adding that there is a potential in the near future for the Cottage Grove facility to begin producing products for the core Andersen Company. There being no comments or objections from the audience, Mayor Shiely closed the Public Hearing at 7:50 p.m. Council Member Hale asked if they saw themselves reaching their goal by next year. Mr. Evelitch stated that it was very likely that Renewal by Andersen will hit 300 by July of next year. He stated that Renewal would probably begin producing windows for the core Andersen group and that this would add another 175 employees. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 01-121, A RESOLUTION REQUESTING AN EXTENSION OF ONE YEAR FROM THE MINNESOTA INVESTMENT FUND FOR THE RENEWAL BY ANDERSEN GRANT DEADLINE. MOTION CARRIED 5-0. B. Hold Public Hearings - Consider Ado�ting Resolutions Awarding Business Subsidies for American AGCO Twin City Poultry and the 80th Street Redevelopment Project. Assistant City Administrator Wolfe stated that on July 26, 2001 the City Council approved five development agreements. She explained that at this time staff is proceeding with the required business subsidy public hearings as required by state statute. She stated that they are only proceeding with three of the five projects at this time. Wolfe reviewed the three projects, American AGCO, Twin City Poultry and the 80th Street Redevelopment Project, with the Council. She stated that in December 1999, the City Council adopted a resolution establishing criteria for granting business subsidies. She stated that if the Council finds that each project meet the criteria at the conclusion of each public hearing, it is recommended that the Council approve the resolutions awarding the business subsidies. Regular Meeting—August 15, 2001 Cottage Grove City Council Page 6 Mayor Shiely opened the Public Hearing for American AGCO Corporation at 7:55 p.m. There being none, Mayor Shiely closed the Public Hearing 7:56 p.m. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUT/ON NO. 01-122, A RESOLUTION AWARDING A BUSINESS SUBSIDY ASSOCIATED WITH TAX INCREMENT FINANCING DISTRICT NO. 1-10 FOR THE AMERICAN AGCO CORPORTION. MOTION CARRIED 5-0. Mayor Shiely opened the Public Hearing for Twin City Poultry at 7:57 p.m. There being no comments or objections from the public, Mayor Shiely closed the Public Hearing at 7:58 p.m. A MOTION WAS MADE BY WOLCOTT, SECONDED BY HALE, TO ADOPT RESOLUTION NO. 01- 123, A RESOLUTION AWARDING A BUSINESS SUBSIDY ASSOCIATED WITH TAX INCREMENT FINANCING DISTRICT NO. 1-10 FOR TWIN CITY POULTRY. MOTION CARRIED 5-0. Mayor Shiely opened the Public Hearing for 80th Street Redevelopment at 7:59 p.m. There being no comments or objections from the public, Mayor Shiely closed the Public Hearing at 7:59 p.m. Council Member Hale stated that he would be voting against this resolution and reviewed his reasons with the Council. He stated that his concerns were with regard to the impact on current development adding that there are too many uncertainties to support approval of the resolution. MOTION BY RICE, SECONDED BY WOLCOTT, TO ADOPT RESOLUT/ON NO. 01-124,A RESOLUTION AWARDING A BUSINESS SUBSIDY ASSOCIATED WITH TAX INCREMENT FINANCING DISTRICT NO. 1-12 FOR THE 80T" STREET REDEVELOPMENT PROJECT. MOTION CARRIED 3-2 (HALE AND KOHLS). BID AWARDS A. Consider Awarding Bid for Construction of the Almar Village Utility and Street Improvement Project MOTION BY HALE, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 01-125, A RESOLUTION AWARDING BID FOR THE ALMAR VILLAGE UTILITY AND STREET IMPROVEMENT PROJECT TO HYDROCON, INC., IN THE AMOUNT OF $466,714.00. MOTION CARRIED 5-0. UNFINISHED AND NEW BUSINESS A. Consider Approval of a Conditional Use Permit and Site Plan Review to Allow an Addition to Up North Plastics and a Variance to Allow Loadinq Docks Along the side of a Building Facinq a Public Street. Community Development Director Lindquist stated that the applicant, Up North Plastics, has applied for a site plan review with variance to allow construction of a 165,000 square foot addition. She reviewed the project with the Council stating that a variance is required for the dock location, which is located on the south side facing 95`h Street. She explained that the Planning Commission reviewed the item at their July 23, 2001 meeting and the Planning Commission and staff supports the requests. Regu/ar Meeting—August 15, 2001 Cottage Grove City Council Page 7 Lindquist stated that staff has been working with the applicant on some landscaping and drainage issues and additional conditions of approval have been added to the resolution. She stated that these conditions would be in addition to the conditions approved by the Planning Commission. She reviewed the additions with the Council and stated that staff will continue to work with the applicant on these issues. Council Member Kohls asked for clarification on parking and the semi-screening and asked if this is the traditional way for screening. Community Development Director Lindquist stated that it is not the traditional process and reviewed the process that would be in place for screening with the Council. Council Member Hale referenced Item 4 and asked for further clarification on requiring the application to obtain approval from the Watershed District. Community Development Director Lindquist explained that the applicant is required to comply with the Watershed District requirements, but that typically they are not required to apply for a permit. John Hill, representing Up North Plastics, stated that things were clearly explained by Community Development Director Lindquist and he had nothing to add. Mayor Shiely stated that she noticed in this and in Items 8b and 8c, there were no copies of the Planning Commission minutes. She explained that providing the minutes assists in making a decision. Shiely asked Community Development Director Lindquist if she was satisfied that it meets all criteria. Community Development Director Lindquist confirmed that they are satisfied that it meets the criteria. A MOTION WAS MADE BY WOLCOTT, SECONDED BY HALE, TO ADOPT RESOLUTION NO. 01- 126, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND SITE PLAN REVIEW FOR A BUILDING ADDITION AND VARIANCE TO TITLE 11-11-5(B)(2)(L), PERFORMANCE STANDARDS IN INDUSTRIAL DISTRICTS, AND TO PERMIT A LOADING DOCK ALONG THE SIDE OF A BUILDING FACING A PUBLIC STREET AT UPNORTH PLASTICS, 9480 JAMAICA AVENUE SOUTH. MOTION CARRIED 5-0. B. Consider Approval of a Conditional Use Permit and Site Plan Review to Allow Rainbow Foods to Construct a Fuel Center on the Former Burger King Site at Grove Plaza, and a Variance to Reduce the Number of Required Parking Spaces. Community Development Director Lindquist stated that RLK, consultants for Rainbow Foods, has applied for a conditional use permit and site plan review for the construction of a new motor fuel center at 7282 East Point Douglas Road. She stated that a variance application for this redevelopment project is also required because the number of off-street parking spaces that will be provided on the property will not comply with the minimum City ordinance requirements. She explained that the proposed motor fuel center would require the demolition of the existing vacant building. Regu/ar Meeting—August 15, 2001 Cottage Grove City Council Page 8 Lindquist stated that the Planning Commission reviewed the applications at the public hearing meeting on July 23, 2001 and unanimously approved the applications. She stated that the Planning Commission did modify the conditions approving the applications by adding a condition that bricking be added around the base of the metal support columns for the canopy. The applicant agreed to all the conditions and has modified their development plans. Lindquist stated that no public testimony was received at the July 23, 2001 Planning Commission meeting. Council Member Kohls asked for clarification noting the loss of parking with a gain by adding the storm water pond. She referenced Home Depot and this change adding that the goal is to increase business at the shopping center. She asked Community Development Director Lindquist if she was confident that they would have enough parking when the mall area is completed. Community Development Director Lindquist explained that they have discussed the parking issue, in depth, with Home Depot and Rainbow and they are comfortable with the parking. She stated that there are modifications in the Home Depot application and that there would be shared parking that would adequately meet the present and future retail needs. Community Development Director Lindquist further explained that they have taken into consideration the peak shopping periods and that all businesses feel comfortable with the parking that would be available. She stated that they are hoping for a restaurant in the future adding that their sphere of influence is considerably different from the retail and that this may require additional consideration by the Council. Mayor Shiely asked if there were any future plans to landscape the parking lot area. Community Development Director Lindquist stated additional landscaping has been included in the plans. Dave Soligren, Attorney representing Rainbow Foods, stated that they are in agreement with the recommendations and have revised their plans based on suggestions from the Planning Commission. He referenced the parking area stating that they will be adding spaces and are comfortable with the available space. He confirmed that they are in agreement with all conditions. Council Member Hale referenced a statement in a brochure by Rainbow that referenced their pricing and lower gas prices. He stated that Cottage Grove looks forward to the lower gas prices. MOTION BY RICE, SECONDED BY KOHLS, TO ADOPT RESOLUT/ON NO. 01-127, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND SITE PLAN REVIEW APPLICATION OF RAINBOW FOODS TO ALLOW CONSTRUCTION OF A FUEL CENTER AT GROVE PLAZA AND A VARIANCE TO REDUCE THE NUMBER OF REQUIRED PARKING SPACES. MOTION CARRIED 5-0. C. Consider Approval of a Conditional Use Permit, Preliminary Plat and Site Plan Review Applications and Denial of a Zoning Amendment- The Church of Jesus Christ of Latter Day Saints Community Development Director Lindquist reviewed the applications from the Church of Jesus Christ of Latter Day Saints, who are requesting four approvals to facilitate construction of a church along Manning Avenue. They are requesting a conditional use permit (CUP)for the church use, a CUP for the height of the steeple from 45 feet to 66 feet, site plan review, and a rezoning of the property from AG-1, Agricultural Preservation, to R-1, Rural Residential. Regular Meeting—August 15, 2001 Cottage Grove City Council Page 9 Lindquist stated that Staff does not support the rezoning, but does support the other project applications. She explained that there were several unresolved issues when the project went before the Planning Commission. The issues dealt with the requirements from the Minnesota Department of Transportation (MNDOT) regarding preferred access and future right-of-way needs. Lindquist explained that since that time, the applicant has met with the State and both agreed to keep the site access on the south side of the site of the property. She further explained that the applicant is aware and understands that Staff is recommending denial of the rezoning and that the Planning Commission concurred with that recommendation at their July 23, 2001 meeting. Lindquist stated that the applicant has indicated that they may withdraw their request. She noted that in her conversation with the City Attorney it was indicated that it might be beneficial for the City to formally deny the request so that the final disposition is clear. She stated that the applicant is not contesting the recommended denial. Lindquist noted that finro residents expressed their concerns at the Planning Commission meeting and reviewed their concerns with the Council. She further noted that since the Planning Commission meeting and upon further review of the City Ordinance, it has been identified that a conditional approval of the height of the steeple is more appropriate than a variance. Lindquist stated that the findings established for the variance would still be appropriate reasoning behind the granting of a conditional use permit for the height of the steeple from 45 feet to 66 feet. Council Member Hale asked for further clarification in regards to access to the property and asked if there were one or two legal descriptions for the parcel. Community Development Director Lindquist clarified the access to the property. David Kane, Kane Architects, representing the Church, stated that they support the requirements. He noted a minor clarification, stating that MNDOT informed them yesterday that they do want the larger access off Highway 95 and would be able to do a minor redesign of the site that would not affect the landscaping. Council Member Hale asked if the State has agreed to put in the turn lanes. Community Development Director Lindquist explained that they have requested it and that the applicant will be required to install the turn lanes at their cost. She also noted that in condition number three of the preliminary plat resolution it should read: Lot 2, Block 1. Mayor Shiely noted the additional 25-foot setback and asked if they see any problems with this. Community Development Director Lindquist stated that they do not see any issues with the setback. MOTION BY RICE, SECONDED BY HALE, TO ADOPT RESOLUT/ON NO. 01-128, A RESOLUTON APPROVING THE PRELIMINARY PLAT FOR THE CHURCH OF JESUS CHRIST OF LATfER DAY SAINTS AND RESOLUTION NO. 01-129, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A CHURCH USE, A CONDITIONAL USE PERMIT FOR DENSITY TRANSFER, A HEIGHT VARIANCE FROM 45 FEET TO 66 FEET FOR A CHURCH STEEPLE, AND A SITE PLAN REVIEW TO ALLOW CONSTRUCTION OF A CHURCH AT 11900 MANNING AVENUE SOUTH AND. MOTION CARRIED 5-0. Community Development Director Lindquist stated the applicant is comfortable with the denial. Regular Meeting—August 15, 2001 Cottage Grove City Council Page 10 MOTION BY RICE, SECONDED BY HALE, TO ADOPT RESOLUTION NO. 01-130, A RESOLUTION DENYING THE REZONING OF A 15.7-ACRE PARCEL OF LAND AT 11900 MANNING AVENUE SOUTH FROM AG-1, AGRICULTURAL PRESERVATION, TO R-1, RURAL RESIDENTIAL. MOTION CARRIED 5-0. D. Response to Council Regarding Matt Francis' Request to Amend the Hunting Ordinance. Mayor Shiely stated that Matt Francis was in attendance to present his arguments to amend the Hunting Ordinance to allow for bow and arrow hunting on his property. She stated that Mr. Francis was not present at the June 20, 2001 City Council meeting when the Council initially denied the req uest. Francis stated he would like permission to bow hunt on 32 acres of land he owns in Cottage Grove. He explained that the property is located outside the Metropolitan Urban Service Area (MUSA). Francis explained that this is all about safety and whether it is safe to bow hunt on his land. He went on to say that through his discussion with Mr. Zurbey it was his understanding that the issue is not about safety. He stated that the Police Department has reviewed the land and all are in agreement that safety is not an issue. He reviewed the topography of the area with the Council, noting that the land is surrounded by hills and it is difficult to get into the area. He further noted that it is 100% wooded and that 75% of it is covered by an easement by the Preservation Land Trust, which also prohibits tree removal. Francis reviewed national safety comparison statistics with the Council and reviewed letters from the International Hunter Education Association with respect to the safety statistics regarding bow hunting. He explained that Minnesota has over 71,000 bow hunters and noted that there has not been a fatal incident reported that involved a bow hunter. He further explained that this is an extremely safe pastime and that education is the key. Mr. Francis clarified that the only individuals who would be hunting on the land would be himself and his father. He further clarified that both have been trained and are licensed as sharp shooter bow hunters. Francis stated that the Council Members who toured the land, expressed concerns regarding residents who could walk freely onto the land. Mr. Francis explained that he has installed fencing with posted signs in significant areas to notify people that they are entering private property. He noted that the most important issue between he and Mr. Zurbey was regarding development. He referenced the dates on the map provided adding that the numbers were very aggressive. Mr. Francis acknowledged the development of homes in the area and referenced the Francis site noting that it shows residential development on all four sides. He reviewed the area in question that would never be developed due to land conservation easements. He stated that the easements were done in such a way that the area would be completely landlocked and an area of approximately 50 acres would not be developed for the next 50 years. He explained that this land would be permanently protected from development and would be just as safe to hunt in 100 years as it is today. Brian Luth, Urban Wildlife Manger, MN Dept of Natural Wildlife, 5463-C West Broadway, Forest Lake, stated that it is the responsibility of his Department to regulate the deer population. He stated that they have found that deer have adapted to living with humans and the deer population is older and more productive due to the availability in urban areas to healthier foods. He reviewed the statistics with respect tQ vehicle accidents, damage to landscaping, increased risk for Lyme disease stating Regu/ar Meeting—August 15, 2001 Cottage Grove City Council Page 11 that when municipalities have used their authority to restrict bow hunting it is then the DNR's role to alert cities of the potential problems with the deer population. Mr. Luth reviewed the areas of the cities presently experiencing problems with the deer population. He stated that Cottage Grove is not alone and commended the City with respect to their public hunting ordinance and their control of the deer population. He explained that the problem is based on social values versus scientific, and encouraged the Council to recognize the opportunity to utilize regulation though private individuals in addition to the state-hunting season. Mayor Shiely referenced the list of cities in the metro area and asked if these were cities that have contacted Mr. Luth for assistance in controlling their deer population. She also asked if the City of Cottage Grove has ever called to request their assistance. Mr. Luth clarified the list adding that they have never received a call for assistance from the City of Cottage Grove. Council Member Kohls asked if staff gets involved and if he has toured the land in question and considers it safe to bow hunt. Mr. Luth clarified that his responsibility is to alert cities of potential problems and confirmed that he has toured the land and does agree that it is a safe area to bow hunt. Council Member Kohls asked how other cities manage the population problem and whether it involves private hunting, controlled hunting, traps. Mr. Luth explained that the process is up to the city and referenced a brochure that outlines suggested resolutions. He stated that they support the heritage of hunting and fishing, adding that this is the best option and from there it depends upon the city, the process they go through, and the citizens. Mayor Shiely asked for clarification on the current map of areas in Cottage Grove where bow hunting is presently allowed. Mr. Francis reviewed the map with the Council by placing an overlay from the Comprehensive Plan over the map. He showed that the area currently allowing bow hunting surrounds the City of Cottage Grove and the area in question, not covered, is the area he is requesting permission for bow hunting. Acting Public Safety Director Mike Zurbey asked how many deer Mr. Francis and his father would be able to harvest and would they have an overall impact for Cottage Grove. Mr. Luth clarified the management permit and intensive permit noting that the deer have to be antlerless. He stated that they have a maximum of five deer and as an overall percentage it would have no impact. Council Member Rice stated that Mr. Francis has not been able to sway him from his original decision. Council Member Wolcott stated he has not changed his mind. Council Member Hale stated that he supports the bow hunting noting that the map shows a lot of land available. He reviewed his reasons to support the request stating that, (1) Hunting is a recreational activity and they have an obligation to provide hunting where it is appropriate. He further explained that hunting is an activity cherished for generations. (2) It is the best way of controlling wildlife population in Cottage Grove noting that the deer population is large. He stated that any hunting has an impact, although it may not be enough. Council Member Hale stated that they should provide an opportunity for Mr. Francis to hunt on his own property, 32 acres of open land. Regular Meeting—August 15, 2001 Cottage Grove City Council Page 12 Council Member Kohls stated her agreement with Council Member Hale. She referenced the topography and reviewed the lack of accessibility noting the elevation and the fact that it is heavily wooded. She explained that the elevation is what made the difference with respect to her decision to support Mr. Francis' request. She referenced two articles from the Pioneer Press that discussed the hiring of bow hunters to assist in controlling the geese population. She stated communities have spent huge amounts of money in an effort to control the wildlife population. She acknowledged that Mr. Francis and his father are certified and licensed hunters and they would have to ask permission before they could hunt. She stated that she is not opposed to Mr. Francis being allowed to bow hunt adding that no use of firearms should be allowed. Mayor Shiely asked Acting Director Public Safety Zurbey to clarify Item 2 in his memo included in the Packet. Acting Director Public Safety Zurbey stated that his land and the surrounding land has been a "no hunting" area for over 10 years. He referenced the limited hunting and explained his reasons to the Council for not supporting bow hunting on this property. Mr. Francis acknowledged that he knew when he purchased the land that hunting was not allowed and that he would have to come before the Council to ask for permission. Mayor Shiely expressed concerns that this is due to spot zoning noting that nothing is being built there now. She further added that she does not believe that they should be zoning small areas within the City for hunting. She stated that the exception would be if this becomes a problem within Cottage Grove and suggested that they could look at an interim period of time where they could harvest the deer. She further noted that at this point she has not heard many complaints regarding the deer population. She stated that she would vote against the request. MOTION WAS MADE BY RICE, SECONDED BY WOLCOTT, TO DENY THE REQUEST TO CHANGE THE ORDINANCE FOR BOW HUNTING. MOTION CARRIED 3-2 (COUNCILMEMBER KOHLS AND HALE VOTING NAY). Mayor Shiely called a 7-minute break at 9:09 p.m. Mayor Shiely called the meeting back to order at 9:24 p.m. E. Consider Approval of a Comprehensive Plan Amendment to Bring Approximately 117 Acres of Land located on the Northwest Corner of Hadley Avenue and 110th Street into the MUSA. Mayor Shiely stated that the applicant is requesting that the City Council approve a Comprehensive Plan amendment to bring approximately 117 acres into the MUSA. She explained that property is currently zoned AG-1 Agricultural and is guided for medium and low-density residential development in the City's Future Land Use Plan. She stated that the property is also located within Transition Zone #2, and this parcel coupled with the property to the north were noted as potentially being brought into the MUSA, depending upon the impact on regional systems. Community Development Director Lindquist explained that this item has been before the City several times for discussion adding that when previously reviewed, such as the provision of sanitary sewer and impact on adjacent roads were raised as potential problems. She stated that the developer had provided a concept plan very similar to the current plan noting that there was discussion about the Regu/ar Meeting—August 15, 2001 Cottage Grove City Council Page 13 structure of the senior housing portion of the site, interest in making the townhouse units one-level to attract seniors and interior circulation, and open space questions. John Tschida, Tschida Associates, 7350 80th St South, asked the Council if they would be able to reschedule this for a future workshop. He stated Richard Hanson had a death in his family and was unable to attend. He further stated that they have several individuals present to speak on the subject and asked that they be allowed to speak. Mayor Shiely stated that she does have questions that can be discussed in the workshop session. Council Member Kohls stated she had questions pertaining to senior housing component. She addressed the group in attendance adding that senior housing is something that they all would like to see in the community and asked them to summarize their reasons. Floyd Ott addressed the Council stated after his retirement they needed to move to senior housing, looked all over Cottage Grove and found nothing available for seniors. He stated that seniors today don't want to be isolated or removed. He went on to say that the proposal before them today is good in that it provides easy access to stores, clinics, hospitals and freeways. He explained that seniors need highly secured housing, people to mingle with, and planned entertainment. Mr. Ott acknowledged that he understands it is difficult for the Council to deviate from or change the plan. Mr. Ott referenced the seniors all over Washington County that have a need for this type of housing. He stated that Cottage Grove is like small town living, they were raised here, they worked here, and they live here. He further explained that they now have sufficient income to pay their way and that he is firmly convinced that what Mr. Tschida and his group are planning is a big boost for Cottage Grove. Mr. Ott explained the purchase process to the Council adding that they pay a monthly payment that includes everything except electricity and heat. He stated that this is less than half of what it would cost to live in a house. Council Member Kohls stated that they are all in support and recognize the need for senior housing. She asked what amenities they provide such as transportation and security. Mr. Ott stated that Dakota County has always been very concerned about the transportation of their seniors through the DART program. He stated that they also have a van available to transport the residents. He stated that Cottage Grove has everything that senior citizens want. He reviewed the various activities that are planned with respect to organized social events adding that senior citizens need companionship. He stated that anyone that would vote against a project like this in Cottage Grove would be doing a disservice to the younger generation of Cottage Grove. Council Member Kohls clarified the content of the proposal for the Council. She stated that this is one of several components included in the proposal and the Council is aware of the need for senior housing. She acknowledged that John Tschida and his father are very qualified. Council Member Wolcott asked for further clarification on the purchase process and retention of equity. Mr. Ott explained to the Council that they gain equity in their property adding that they do not lose their down payment. He asked the Council if anyone has had an opportunity to tour a facility and offered to provide a tour to the Council. Mayor Shiely commented that the discussion seems to be turning to whether or not we want senior housing adding that this is not the discussion. She further clarified that they should not make Regular Meeting—August 15, 2001 Cottage Grove Cify Council Page 14 decisions with complex proposals and reviewed what they are considering is to approve the amendment to the Comprehensive Plan. Floyd Ott stated that most lots are with tract development noting that they want diversity to improve the image. He stated he doesn't want to be stuck on an island with just old people. He explained that it is important to be around young people and diversity. He further explained that this is a benefit to the City in that it provides custom-built homes that will place an emphasis on retaining the residents of the area. He stated that they are not interested in the policy, they are interested in needs. He acknowledged that competition is good but it is not competitive when utilizing tract development. He referenced articles that state reasons as to why people do not want to come to Cottage Grove adding that people want a City that is on the go and is willing to move forward. He explained that there is a need for upper bracket homes adding that in the last 10 years there has been an exodus of residents who have left because of the lack of upper income housing. Council Member Kohls acknowledged Mr. OtYs concerns regarding upper income housing adding that Mr. Ott has lived in the community and asked how he respo,nds to people who leave because they don't want to be Woodbury. Mr. Ott stated that they may not want to be Woodbury but they don't want to be in Hicksville. He stated that they need to have pride in the community. He acknowledged the pluses of the area adding that if we don't have image builders and people are not proud of their community, people will not come. He stated that the minute we stop free enterprise we lose our freedom. Council Member Wolcott suggested that they review what is to be discussed in the upcoming workshop that is to be scheduled, adding that it would be fair for the people to see what comprises the proposal. Mayor Shiely stated that this is an area that is not presently in the Comprehensive Plan and would need to be added to the MUSA and then go before the Metropolitan Council. She stated that they not only have to consider the senior housing development, but also the additional components of the proposal. She stated that she wants the audience to know and understand that this includes many issues outside of what has been discussed and that they need to look at the overall impact. MOTION WAS MADE BY WOLCOTT, SECONDED BY HALE, TO TABLE THE DISCUSSION FOR A WORKSHOP TO BE SCHEDULED FOR A LATER DATE. MOTION CARRIED 5-0. F. Consider Approval of a Preliminary Plat Creating Two Commercial Lots: a Site Plan Review with Variances for a Home Depot Retail Store to be located in Grove Plaza; a Conditional Use Permit to Allow Seasonal Outdoor Sales and Outdoor Storage; a Variance to Off-Street Parking requirements, and an Interim Conditional Use Permit for Seasonal Sales with Restrictions. Community Development Director Lindquist noted that this is the first time this has been before the Council but the Planning Commission has reviewed it twice. She stated that there are modifications that resulted from the Planning Commission meetings referencing the staff report prepared by Senior Planner John McCool. Community Development Director Lindquist reviewed the areas of construction with the Council adding that there are ancillary uses that are occurring with the project which include parking, storm Regu/ar Meeting—August 15, 2001 Cottage Grove City Council Page 15 water drainage, and architecture of the building. She stated that staff has resolved these issues and the applicant has made the necessary changes. She reviewed the architectural treatment of the buildings with the Council. Community Development Director Lindquist stated that staff is pleased with the changes and is not looking for any further changes to the architectural design. She referenced the garden center and that it will be put into the parking lot. Lindquist explained that the applicant with respect to intent has clarified the seasonal sales issue and purpose and that it would be fairty consistent with uses and variances as compared to other businesses in the area. She referenced Section 5 for the Council adding that she would like to delete number 3. Community Development Director Lindquist referenced the memo and that they would have to come forward and reapply adding that they have not had issues and are monitoring the situation. She stated that a variance is required for the parking and that the proof of parking is now in the back of Rainbow and would have to be used for employee parking. She referenced a rental service adding that they are not planning to do this at this time and would come back to the Council if they should decide to do this in the future. Mayor Shiely asked if they had rental trucks at other locations. Community Development Director Lindquist clarified that they do and Menards also has a truck. She acknowledged that this had not been discussed. She stated that Menards uses it more as an advertisement. She explained that the main issue is the size of the sign and reviewed the revised submittal with the Council. Community Development Director Lindquist explained that the Planning Commission stated they really need to review the ordinances. She stated that she is generally comfortable with the wall signage adding that they have been firm with Office Max in maintaining some proportional measurements with the signage to maintain consistency with other users. Community Development Director Lindquist clarified that the position is that this is a center and they do not want to overemphasize one user over another and acknowledged the hierarchy of a center. She stated that there should be some cohesion on the signage that gives the look that they are related to each other. She reviewed the signage options with the Council and stated the resolution as written uses the Planning Commission measurements adding that if the Council would like any changes, this can be done at a later time. She provided an example to the Council as a reference for proportional measurements adding that it is clearly not what the applicant is requesting. Mayor Shiely asked if the Woodbury store has the tag and whether this is still an issue. Community Development Director Lindquist stated that they still want the tag. Howard Levy, Grove Rainbow, Philadelphia, Pennsylvania, stated that Grove Rainbow has an agreement with Home Depot to purchase the land adding that the purchase has a number of contingencies attached to the agreement. He reviewed the contingencies with the Council and stated that even though they have an agreement that this is far from a done deal until these contingencies are met. Mayor Shiely asked why this is being considered now if this is not a done deal. She asked that the sequence be explained. City Administrator Schroeder clarified the contingencies as reviewed by Mr. Levy adding that among the items that need to occur is the consideration by the Council. He stated that even though the Semper version could kill the project, this needs to occur as far as denying or approving. Regu/ar Meeting—August 15, 2001 Cottage Grove City Council Page 16 Mayor Shiely clarified that this would speed up the process if everything were met. Council Member Kohls clarified that if this does fall through, everything will stay with the property. City Administrator Schroeder clarified that in theory they would have approval as long as they can comply with the provisions of the two items being discussed. He reviewed the action that needs to occur noting that Council had approved a development agreement. He further stated that this will come back before the Council. Council Member Hale stated that it appears Home Depot is locked in so if Home Depot backs away it would not apply to them. City Attorney Thomson stated that in general, Mr. Schroeder is correct adding that if it can meet all the requirements, typically you wouldn't be permitted to restrict to a particular. She stated that as a practical matter these companies have prototypes that they follow adding that some adjustments would need to be made. Mayor Shiely asked when they last reviewed the signage. Council Member Wolcott stated that was approximately 10 years ago. A MOTION WAS MADE BY WOLCOTT, SECONDED BY HALE, TO ADOPT RESOLUTION NO. 01- 131, A RESOLUTION APPROVING THE PRELIMINARY PLAT NAMED GROVE PLAZA 2ND ADDITION. MOTION CARRIED 5-0. City Administrator Schroeder stated that there was an open issue and question with respect to the signage. Kathy Anderson addressed the aesthetics and look of the new center and reviewed the pylon signs of the shopping area with the Council. She stated that they need to address those that have the biggest percentage and acknowledged the square as a part of the logo noting the issue here is that this is larger than what the Council would prefer to see. She stated that some of the tenants might not want to be on the pylon sign due to the expense. Council Member Kohls asked how you could jazz up an existing pylon sign. Ms. Anderson responded by reviewing potential upgrades to the sign with the Council. She stated that if it does come up to allow other tenants on the sign, it could increase the size of the sign adding that the size is not the issue as much as the appearance and the proportion of the sign. She reviewed the differences between the two sign options with the Council. She stated that they look to the best use for the cost and size. Council Member Wolcott asked if it would make sense to advertise the Grove Plaza. Council Member Kohls asked the differences between the signs in size. She stated that her concern is with respect to the larger signs adding that they have turned down other requests. She further stated that they are over what the ordinance allows and this could set a precedent for the next business that comes to Cottage Grove. Regu/ar Meeting—August 15, 2001 Cottage Grove City Council Page 17 Community Development Director Lindquist clarified the measurements for Council Member Kohls. She clarified that the ordinance deals with the square footage. She further stated that the other concern is that they don't require a split on the freestanding sign and that they are concerned with the look and appearance. She acknowledged that Rainbow is small proportionally in comparison with Home Depot, which may be why it stands out from the other. Council Member Hale asked why it is the Council's responsibility to change the ordinance to accommodate the size of the sign. Mayor Shiely asked if the tag on the side of the building would remain. Jennifer Maxwell, Greenboro, Farrell, representing Home Depot, stated that the tag, `Minnesota's Home Improvement Warehouse', is a standard store signage and changes from state to state. She explained that where they are able to do the tag line, they include it. She stated that she was prepared to change and remove the tag if necessary. She reviewed the signage request with the Council adding that the only change in elevation is if they lose the tag line. Mayor Shiely asked how big Home Depot's presence is on the sign in Woodbury. Ms. Anderson stated that the Tamarack sign is much larger in size, which makes it difficult to use as a comparison. Council Member Wolcott stated that everyone in Minnesota is aware of Home Depot and asked why the tag is necessary. Mayor Shiely asked how much space the tag line takes on the sign. Ms. Maxwell stated that the tag line requires 174 square feet. She referenced the difference in size between Rainbow and Home Depot and reviewed her understanding of the ordinance requirements with the Council. She stated that the Rainbow building is smaller than Home Depot and includes more signage than what Home Depot is asking for. Community Development Director Lindquist reviewed the measurement process used for signage with the Council. Council Member Wolcott stated that this shows the need to work on the signage ordinance and recommended that this be done soon. Ms. Maxwell stated that they are willing to work and donate in order to get to a point where they are in agreement with respect to the standard size panel on the pylon sign. She stated that they would have preferred a free standing sign adding that they are working with an existing sign. Mayor Shiely stated that she would be willing to look at the increase in the size of the sign if Home Depot is willing to do the sign as it is and drop the tag. Council Member Wolcott stated that they all need to be willing to work together to maintain consistencies and fit with the rest of the center. He clarified that they have an established standard for the signage. Regu/ar Meeting—August 15, 2001 Cottage Grove City Council Page 18 Council Member Kohls asked for further clarification with respect to each store that comes into the center and if we would allow them each an increase in size. She asked if they could approve contingent on Staff approval or add that it is not to exceed certain measurements. Ms Anderson recommended that when they review the signage ordinance to review based on how much room is for the sign. Community Development Director Lindquist stated that they could not approve contingent on staff approval. She stated they are not opposed to the number adding that they will be able to say it is not two signs, that it is a center. She explained that this is special, it is a center, it is unique and the number is not as important as the appearance. City Administrator Schroeder asked Community Deve�opment Director Lindquist to clarify her process for measurement for the 387-foot wall sign. Ms. Maxwell clarified the intent of the measurements and the process taken by Home Depot adding that they did not give direction to redesign. She stated that the 387-foot measurement included the tag. Council Member Wolcott clarified that approval would include removal of the tag line and that they work with Staff. City Administrator Schroeder clarified Home Depot's request for the Council. He asked Ms. Maxwell if she is disappointed with the wall sign. Ms. Maxwell explained their concerns with respect to the signage. City Administrator Schroeder clarified his understanding that the Council's greater desire is to provide a mandate for aesthetic improvement. He stated that there are general parameters that all will have to live with adding that if they came back to the Council with an aesthetic improvement, the measurement of the sign would not be an issue. Ms. Anderson suggested going case-by-case. She stated that this is on an existing center and it needs to be looked at in that this is what we have to work with and these are the requirements. She stated that this is a re-look at the signage for the future. City Administrator Schroeder stated they must have general guidelines that are followed, as they need to be able to fall back to general criteria and guidelines. He clarified what the Council is ready to approve adding that they ask the staff to come back with an approved package. Community Development Director Lindquist referenced page 4 stating a change to Home DepoYs wall signage, limit to the 387 feet and adding that her preference is that we say the applicant and staff will work together on the pylon sign and come back to the Council. She further stated that the issue is only with the construction. She suggested that they drop the sign variance for square footage and say that the pre-standing sign comes back to the Council. City Administrator Schroeder asked for clarification of the process adding that what is included is the approval to provide a square on the Home Depot pylon sign. . , Regu/ar Meeting—August 15, 2001 Cottage Grove City Council Page 19 Council Member Wolcott recommended that they move to a conference room to work out the issues with staff for five to ten minutes to come to a resolution. Mayor Shiely called a 5-minute break at 11:09 p.m. Mayor Shiely called the meeting to order at 11:25 p.m. Community Development Director Lindquist stated that they are willing to go for 225 square feet, which is the same as Menards. She stated that they are comfortable with this and it would be the minimum they would get based on the redesign. She clarified that the main focus is the aesthetic. City Attorney Thomson stated that she has rewritten the verbiage to delete paragraph E, on page four, substitute for the existing paragraph "Home Depot's wall signage is limited to 387.5 feet and is granted a variance of 162 square feet to allow a freestanding sign of at least 225 square feet on the existing pylon sign. She further clarified that Home Depot must present the final sign package including a redesigned pylon sign for the entire center to the Council for final review and approval. Council Members Wolcott and Hale agreed to the amendment. A MOTION WAS MADE BY HALE, SECONDED BY WOLCOTT, TO ADOPT RESOLUT/ON NO. 01- 132, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN 18,700 SQUARE FOOT OUTDOOR GARDEN CENTER AND A 45-FOOT HIGH PARAPET WALL; AN INTERIM CONDITIONAL USE PERMIT TO ALLOW A 7,000 SQUARE FOOT OUTDOOR AREA FOR SEASONAL SALES; A VARIANCE TO ALLOW OFF-SITE ADVERTISING; A VARIANCE TO ALLOW 526.5 SQUARE FEET OF TOTAL SIGN AREA; A VARIANCE TO ALLOW 864 OFF- STREET PARKING SPACES; A VARIANCE TO LANDSCAPING REQUIREMENTS; AND A SITE PLAN REVIEW TO ALLOW CONSTRUCTION OF A HOME DEPOT AT THE GROVE PLAZA SHOPPING CENTER AND TO INCLUDE THE AMENDMENT AS STATED. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND QUESTIONS NONE COUNCIL COMMENTS AND REQUESTS Mayor Shiely asked for update on A&F Auto with respect to compliance. PAY BILLS MOTION BY WOLCOTT, SECONDED BY KOHL, TO APPROVE PAYMENT OF CHECK NUMBERS 119971 TO 1120212 TOTALING $769,645.13. MOTION CARRIED 5-0. WORKSHOP SESSION -OPEN NONE. WORKSHOP SESSION - CLOSED NONE. Regu/ar Meeting—August 15, 2001 Cottage Grove City Council Page 20 ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADJOURN THE MEETING AT 11:32 P.M. MOTION CARRIED 5-0. Respectfully submitted, Bonita Sullivan TimeSaver Off Site Secretarial, Inc. SPECIAL MEETING COTTAGE GROVE CITY COUNCIL August 22, 2001 CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a special meeting on Wednesday,August 22, 2001, at the Cottage Grove City Hall, 7516 80'h Street South. Mayor Shiely called the meeting to order at 6:30 p.m. ROLL CALL Present: Mayor Sandy Shiely Council Member Pat Rice Council Member Jim Wolcott Council Member Rod Hale Council Member Cheryl Kohls Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Caron Stransky, City Clerk Michelle Wolfe, Assistant City Administrator Mayor Shiely presided over the meeting. Response to Previously Raised Council Comments/Requests Finance Director Ron Hedberg informed Council he is evaluating the potential of contracting for ambulance billing services. He estimated it would cost approximately$19.00 per ambulance run or approximately what it currently costs for in-house billing. Hedberg stated he would analyze the concept and submit additional information to Council before the final budget is adopted. Following discussion, the Council agreed to: ■ Delete$50,000 from the Mayor-Council operating budget to conduct a citywide citizen satisfaction survey. ■ Delete$64,000 from the 2002 Equipment Replacement Fund for the purchase of 4 warning sirens. Council consensus was to replace the existing sirens"as-required"with funds from Fund Balance and/or the Contingency Fund. ■ Approve the$1,500 budget addition request of the City Clerk to archive historical records. ■ Delay the purchase of a new Ambulance to 2003. Council directed staff to furnish them a copy of the existing performance contract with the City's Historic Preservation Officer, Robert Vogel. The Council proceeded to review individual budgets. Community Development Community Development Director Kim Lindquist presented the Planning/Inspections and Historic Preservation budgets. A profit and loss statement for the planning/inspections budget for the years 1994 through 2000 was distributed and reviewed by the Council. For 2002, staff anticipates expenditures will exceed revenues by approximately $32,100, due to a rise in engineering costs and a decrease in construction. Staff recommended that the City Specia/Meeting–August 22, 2001 Cottage Grove City Council Page 2 adopt the most recently adopted Uniform Building Code and implement the 1997 UBC Table 1A building permit fees. Increasing the permit fees and utilizing the State's method of computing valuations will have a positive effect on the anticipated loss. There was interest in discussing at a future workshop session engineering services and the prospect of hiring an in-house engineer to oversee engineering contractual services. There was consensus to increasing the building permit fees to the most recently adopted UBC table, especially for new construction and large remodeling projects. Council discussed the $13,000 included in the budget to hire part-time inspectors for building inspections for the summer months, and the budget addition request for$22,880 to hire a Landscaping and GIS Intern. The City Administrator recommended denial of both requests. Lindquist requested that the Council consider approving the hiring of one intern to handle the landscaping and GIS proposals in the added amount of$12,500. Council Member Hale suggested that the planning staff document costs to prepare material for development proposals, and ultimately charge those costs to the EDA and include them as an additional administrative fee ultimately paid by a developer. Recreation Recreation Supervisor Diane Evans presented the Recreation Program, Municipal Pool, and Special Recreation Program budgets. Evans explained how the playground participants are counted and the two major objectives to(1)develop and implement the Pulse Point Survey Program and (2)a new warming house program. Council reviewed two budget addition requests—$3,000 to purchase a portable security system and $10,100 to upgrade a part-time recreation position. There was Council consensus to the budget addition. Evans stated they would like to purchase a portable security system to rotate from park to park in order to catch potential vandals. The system would notify the police department if a building has unexpected intruders and/or vandals. Evans highlighted a budget addition request for$10,100 to upgrade a part-time recreation programmer to full- time status. She stated the upgrade would be funded through the Recreation budget by eliminating a summer intern and by utilizing recycling funds from Washington County. The request would allow for expanded recycling marketing efforts in the schools and at community events. It was noted by Staff that the recycling budget would be amended. The$10,100 budget addition request was inadvertently included in the budget. The Council reviewed the Municipal Pool budget and directed staff to evaluate future water park needs, possible costs and potential funding sources for future discussion. Evans noted revenues projected in Special Recreation Programs are slightly down since the only programs they hold either generate revenues or break-even. Ice Arena The Council reviewed the Ice Arena budget. Finance Director Hedberg noted the budget includes a$325,000 transfer from the General Fund, or a subsidy of about$35.00 per household. . , Special Meeting—August 22, 2001 Cottage Grove City Council Page 3 It was suggested that the ice arena subsidy be listed separately on each taxpayers tax bill to inform taxpayers of the expense. Council discussed the concept of moving the recreation personnel from City Hall to the Ice Arena, estimated to cost$120,000 and funded by the Building Replacement Fund. Public Works Public Works Director Burshten presented the parks maintenance,forestry, street maintenance, signs and striping, snow and ice control, public works administration and equipment replacement special revenue fund. Park Maintenance The budget includes funding for additional lighting in the parking lot at Kingston Park, increase in salaries and insurance costs. Council directed staff to prepare a maintenance report by each for City park and School properties, broken down by playground equipment, type of field, ice rinks, and other athletic areas/facilities, and period of maintenance. Council also directed staff to review the budget impact measures to show City owned and maintained versus publicly owned (School District)and city maintained. There was discussion relating to the budget addition to hire a maintenance person for Parks Maintenance. Burshten provided justification for the additional position. Council agreed to place the position on the list of budget additions to be given further consideration. The Council discussed the practice of maintaining the 180 garden plots. It was suggested that the City start charging for the service. Council consensus was to charge residents a fee of approximately$25.00 and non- residents$50.00 to rent each garden plot. There was discussion on the possibility of contracting with a dumpster service provider for collection within each park. Forestry Council discussed the availability of the City's forester for residents to obtain advice on maintenance of trees and other vegetation. It was suggested that the forester be available to the residents one day per week. Schroeder commented there are at least four to five agencies residents can call on for advice, indicating that the forester should maintain only city-owned trees. There was concern expressed over the potential liability issue of entering private property and giving advice about a privately owned tree. Council Member Kohls stated her support for allowing the forester to conduct onsite inspections, at least for two days per month. Council Member Wolcott stated he was opposed to entering private property. Hale and Rice concurred, indicating the forester should be allowed to return telephone calls and have samples brought to public works. Streets Maintenance/Signs 8 Striping/Snow 8 Ice Control Burshten highlighted a proposal to sweep streets within new residential developments and to charge the developer the actual cost of the service. The sign division will evaluate outsourcing of street striping. There was discussion of improving the outcome measures in the snow/ice control budget. r . Special Meeting—August 22, 2001 Cottage Grove Cify Council Page 4 Public Works Administration Mayor Shiely asked to receive a report on citywide training plan and expenditures. There was a brief discussion of the budget addition to hire a public works technician. If the City hired an in- house engineer,would the engineering technician still be requested? Public Works Supervisor Harry Taylor responded that the engineering technician would be out in the field and would work on the CAD system, PCIs, survey work, drafting work, etc. Equipment Replacement Council briefly reviewed the purchases budgeted in the equipment replacement fund for 2002. Burshten stated he would consider the top four priorities for public works as: tandem truck, 100 hp Tractor, 16-foot Rotary Mower, and the road shouldering Groomer. Property Taxes/Debt Council discussed the property tax levy and informed staff they would agree to maximum 5% increase in total general fund expenditures over 2001 and an increase in the total property tax levy in the range of 5-10%. In addition, the Council agreed that the$325,000 general fund transfer to the Ice Arena fund be listed as a separate general levy. Due to the late hour, Mayor Shiely suggested scheduling another budget workshop session. Council scheduled a workshop session for Monday, September 10, 2001, at 6:30 p.m., and a special meeting for Wednesday, September 12, 2001, at 7:00 p.m., to adopt the 2002 preliminary levy and preliminary budget. Special meeting adjourned at 11:00 p.m. Respectfully submitted, Caron M. Stransky City Clerk