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HomeMy WebLinkAbout2003-05-21 MINUTES REGULAR MEETING COTTAGE GROVE CITY COUNCIL May 21, 2003 OPEN FORUM – 7:15 p.m. Open forum provides a person an opportunity to inform the Council of a problem or to request information related to City business not scheduled for Council action and on the Agenda. Mayor Shiely encouraged persons to limit their remarks to two (2) minutes per issue. Present: Mayor Sandy Shiely Council Member Mark Grossklaus Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Kim Lindquist, Community Development Director John Mickelson, Public Safety Director Nancy Hanzlik, City Engineer Les Burshten, Public Works Director Corrine Thomson, City Attorney Michelle Wolfe, Assistant City Administrator Adam Janiak, 7620 Inman Avenue South stated that he has been a resident of Cottage Grove for approximately one year. He explained that he has problems with water coming into his basement due to the recent installation of a pool next door to his home. He stated that he contacted the City in March and requested their assistance adding that he has experienced nothing but resistance from City Staff. He expressed concerns that the grading, done after the pool was installed, was not done properly and has now caused drainage issues on his property. He explained that he has two concerns, the permit issued for the construction of the pool and the way he was treated by City Staff. He referenced City Ordinance 9-11-3 stating that both Bob LaBrosse and Community Development Director Lindquist explained that the City does not require drainage as a part of the permit process. He asked why drainage is not included as a part of the permit. He explained that since the grading was done on the property next to his there is more water coming towards his property and home. He stated that when he contacted the City to express concerns and ask for assistance he was told that it is a citizen problem not a City problem. He expressed his disagreement stating that the City should be accountable for the type of permit issued. He stated that he believes the permit was issued in error causing damage to their property adding that the drainage issues could have been avoided had the proper plans, permits and grading been Regular Meeting – May 21, 2003 Cottage Grove City Council Page 2 done initially. He stated that he would appreciate any assistance and asked Council for their assistance in resolving this matter. Mayor Shiely acknowledged Mr. Janiak’s concerns stating that City Council would address his issues at the next Regular City Council meeting in two weeks. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular th meeting on Wednesday, May 21, 2003, at the Cottage Grove City Hall, 7516 80 Street South. Mayor Shiely called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor Sandy Shiely Council Member Mark Grossklaus Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Kim Lindquist, Community Development Director John Mickelson, Public Safety Director Nancy Hanzlik, City Engineer Les Burshten, Public Works Director Corrine Thomson, City Attorney Michelle Wolfe, Assistant City Administrator Mayor Shiely presided over the meeting. ADOPTION OF AGENDA Mayor Shiely stated that Item 13A, a Workshop to discuss pending litigation, has been added to the agenda. She further explained that this workshop session is closed to the public. MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. APPOINTMENTS AND PRESENTATIONS A. APPOINTMENTS NONE Regular Meeting – May 21, 2003 Cottage Grove City Council Page 3 B. PRESENTATIONS i. Swearing in Ceremony - Sergeant Peter Koerner. Mayor Shiely stated that City Council approved the appointment of Sergeant Peter Koerner at a previous City Council meeting. She stated that this evening the City of Cottage Grove is swearing in Sergeant Koerner and she asked the Council to join her for the swearing in ceremony. City Administrator Schroeder administered the oath for Sergeant Koerner. Sergeant Koerner’s daughter Kayla Koerner presented and pinned her father with his badge. Public Safety Director Mickelson provided a brief background stating that Sergeant Koerner volunteers for many assignments and he reviewed them for the Council. He explained that Sergeant Woolery wore the same badge and stated that it is his hope that Sergeant Koerner would continue to wear it with the same pride and dedication. ii. Certificate of Achievement in Financial Reporting. Mayor Shiely explained that the Finance Department participates in the Governmental Finance Officers Association (GFOA) Certificate program for the City’s financial statements noting that the City has been involved in this program since 1990. She read the certificate to the Council noting that the Council would like to congratulate Finance Director Hedberg and the entire Finance Department. Finance Director Hedberg thanked Mayor Shiely stating that without the hard work and dedication of the Finance Department Staff this Certificate of Achievement could not have been accomplished. City Administrator Schroeder clarified that approximately 3 - 4% of government entities nationwide actually receive this award. He explained that the finance reporting presently in place is very high quality and is recognized nationwide. He stated that the City of Cottage Grove has an A1 bond rating that is a part of the national review for fiscal reporting. He reviewed the process with Council stating that the Certificate of Achievement would not have been possible without the continued efforts of the entire Finance Department. iii. Emergency Medical Services Week Mayor Shiely asked Dave Clausen and Dave Ackerman to come forward. She read the Proclamation recognizing and commending both Police Officer/Paramedic Dave Clausen and Firefighter/EMT Dave Ackerman for outstanding service to the Council. City Administrator Schroeder provided a brief background history stating that Officer Clausen was hired as a Police Officer/Paramedic on August 7, 1985 and resides in the City of Cottage Grove with his family. He stated that Firefighter/EMT Ackerman was hired August 6, 1976 noting that he has been actively involved with the Cottage Grove Ambulance Service. Regular Meeting – May 21, 2003 Cottage Grove City Council Page 4 He stated that during the years of service both men have cared for numerous citizens in the Cottage Grove area. He commended them for their dedication and service stating that they are a valuable resource for the City of Cottage Grove. He further stated that their dedication is what earned them this award. iv. Retirement Presentation: Dan Bigham Mayor Shiely explained that Dan Bigham recently retired from the Cottage Grove Fire Department. She asked Mr. Bigham to come forward. She reviewed his background and history with Council stating that the City of Cottage Grove truly appreciates his dedication and hard work over the years. She stated that Chief Byerly would present Mr. Bigham with a plaque commemorating his hard work and dedication. Chief Byerly reviewed Mr. Bigham’s work and volunteer history with the Council stating that Mr. Bigham had 22 years with the City of Cottage Grove Fire Department in addition to his role with the Historic Preservation Society. He thanked Mr. Bigham for all of his hard work and efforts over the years. He stated that it is his honor to present this plaque commemorating 22 years of dedicated service to the City of Cottage Grove. He thanked Mr. Bigham for his efforts and dedication and presented him with his plaque. Mr. Bigham thanked Chief Byerly and the City Council for their support. APPROVAL OF MINUTES A. April 16, 2003 Regular Meeting Mayor Shiely stated that the minutes stand approved as presented. CONSENT CALENDAR Council Member Grossklaus requested Item 4L be pulled for discussion. He expressed concerns stating that Pulte Homes of Minnesota is one of the major violators of the sign ordinance. He stated that Community Development Director Lindquist has been contacted by residents several times in regard to the number of developer “For Sale” signs that Pulte Homes has placed around the City. He stated that it is very difficult to expect residents to cooperate with the sign ordinance when developers do not. Mayor Shiely asked Community Development Director Lindquist if she needs assistance from City Council. Community Development Director Lindquist explained that most developers utilize a sign company for the placement of their signs. She explained that they have contacted Pulte several times adding that she would contact them again to further discuss the placement of signs in the area. Council Member Wolcott asked if the developers are being fined. Community Development Director Lindquist explained that the City pulls the signs stating that the developer has to pay Regular Meeting – May 21, 2003 Cottage Grove City Council Page 5 $5.00 per sign if they want the signs back. Council Member Wolcott noted an administrative citation may be in order. MOTION BY RICE, SECONDED BY WOLCOTT, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MEETING MINUTES: i. ECONOMIC DEVELOPMENT AUTHORITY FROM OCTOBER 2002 THROUGH APRIL 2003. ii. PUBLIC WORKS COMMISSION OF APRIL 14, 2003. B. ADOPT RESOLUTION NO. 03-096 ADOPTING A WORKPLACE ACCIDENT AND INJURY REDUCTION (AWAIR) PROGRAM EMPLOYEE SAFETY MANUAL. C. APPOINT RAJEAN MOONE TO THE HUMAN RIGHTS/SERVICES COMMISSION. D. AUTHORIZE THE COTTAGE GROVE ECONOMIC DEVELOPMENT AUTHORITY/DBA RIVER OAKS GOLF COURSE TO SELL 3.2 BEER AT THE GREAT GROVE GET TOGETHER ANNUAL CELEBRATION AT KINGSTON PARK ON SATURDAY, JUNE 14, 2003, CONTINGENT ON COMPLIANCE WITH THE CONDITIONS RECOMMENDED IN CARON STRANSKY’S MEMO DATED MAY 14, 2003. E. ADOPT RESOLUTION NO. 03-097 ACCEPT DONATION OF $3,000.00 FROM TENNIS SANITATION FOR THE SUPPORT OF FIRE STATION 3. F. ADOPT RESOLUTION NO. 03-098 REVISED FIXED ASSET POLICY CAPITALIZATION THRESHOLD. G. APPOINT ROBERT DORNSBACH TO THE PUBLIC WORKS COMMISSION TO A TERM THAT EXPIRES FEBRUARY 28, 2005. H. ACCEPT THE DONATION OF WASTE REMOVAL SERVICES FROM TENNIS SANITATION FOR THE COTTAGE GROVE MUNICIPAL POOL DURING THE 2003 SEASON. I. ADOPT RESOLUTION NO. 03-099 ACCEPTING GRANT FROM COMMUNITY YOUTH CONNECTION (CYC) AND COMMUNITY EDUCATION ADVISORY COUNCIL (CEAC) TO ASSIST IN COVERING EXPENSES FOR MATERIALS TO BE USED IN READING BOOKS ONTO TAPES FOR FAMILY MEANS/FAMILY LINKS BY THE TEENS IN ACTION GROUP OF THE CITY OF COTTAGE GROVE RECREATION DEPARTMENT. J. APPOINT AL BOCHE, JR. TO THE ECONOMIC DEVELOPMENT AUTHORITY WITH A TERM ENDING DATE OF DECEMBER 31, 2008. K. ADOPT RESOLUTION NO. 03-100 ORDERING PREPARATION OF FEASIBILITY REPORT FOR ALL PUBLIC IMPROVEMENTS NECESSARY TO SERVE THE EIGHT-ACRE COMMERCIAL PROJECT LOCATED AT THE NORTHWEST CORNER TH OF HINTON AVENUE AND 70 STREET. L. 1. APPROVE THE SUBDIVISION AGREEMENT BETWEEN THE CITY OF COTTAGE TH GROVE AND PULTE HOMES OF MINNESOTA FOR TIMBER RIDGE 4 ADDITION. 2. ADOPT RESOLUTION NO. 03-101 ORDERING IMPROVEMENT AND TH PREPARATION OF PLANS AND SPECIFICATIONS FOR TIMBER RIDGE 4 ADDITION. Regular Meeting – May 21, 2003 Cottage Grove City Council Page 6 M. ADOPT RESOLUTION NO. 03-102 APPROVING A RURAL LOT DIVISION WITH VARIANCE TO SUBDIVIDE A 4.01-ACRE PARCEL OF LAND INTO TWO PARCELS OF .84 ACRES AND 3.17 ACRES TO ADJUST THE PROPERTY LINE BETWEEN TH TWO EXISTING LOTS OF RECORD AT 11275 - 77 STREET SOUTH AND 11313 - TH 77 STREET SOUTH. N. ADOPT RESOLUTION NO. 03-103 APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE INSTALLATION OF A REPEATER ANTENNA ON THE WEST DRAW WATER TOWER BY THE PUBLIC SAFETY DEPARTMENT. O. AUTHORIZE ISSUANCE OF AN OUTDOOR EVENT PERMIT TO DEMORI’S RESTAURANT AND LOUNGE TO CONDUCT AN OUTDOOR DANCE ON SATURDAY, JUNE 14, 2003. P. AUTHORIZE CONTINUED PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Q. ADOPT RESOLUTION NO. 03-104 AMENDING THE ENABLING RESOLUTION ESTABLISHING THE COTTAGE GROVE ECONOMIC DEVELOPMENT AUTHORITY. R. ADOPT RESOLUTION NO. 03-105 TO PARTICIPATE IN A HAZARD MITIGATION PLANNING PROCESS. S. APPOINT HERB JAPS TO THE ADVISORY COMMITTEE ON HISTORIC PRESERVATION TO FULFILL AN UNEXPIRED TERM ENDING FEBRUARY 28, 2004. MOTION CARRIED 5-0. Mayor Shiely stated that if anyone is present for issues on the Consent Calendar all have been passed. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES A. Police Patrol Staffing – Response to Open Forum and South Washington County Bulletin commentary. Mayor Shiely referenced a memo submitted by City Administrator Schroeder and Public Safety Director Mickelson addressing concerns regarding police patrol staffing and she reviewed the memo with City Council. Council Member Kohls stated that she, as a Council Member, does not agree with the memo. She explained that she questions the relevancy of some of the points adding that she does not agree with some of the statements included in the memo. She further explained that she would like it to be very clear that this memo is not the full viewpoint of everyone on the City Council. She referenced the Bulletin noting that the question of the week asked if the City of Cottage Grove should replace retiring officers. She stated that 95% of the respondents stated “yes” adding that the Bulletin had received 344 responses. She noted that the response to this question was considerably higher than normal. Regular Meeting – May 21, 2003 Cottage Grove City Council Page 7 Mayor Shiely clarified that the memo states the view of the City and Staff along with some members of City Council. She asked if Council Member Kohls would like her disagreements noted on record. Council Member Kohls stated that she would like her disagreement noted. PUBLIC HEARINGS NONE BID AWARDS A. Consider Passing a Motion Awarding the Bid to Metro Fire Authorizing the Purchase of a 75-Foot Ladder Truck for the Fire Division in the amount of $499,897.00 and Consider Approving the Sale of the Existing Ladder and trucks 3129 and 3139. Public Safety Director Mickelson reviewed the bid with Council stating that all information has been provided for Council review. He stated that Chief Byerly is available for questions. Mayor Shiely asked what if they have an estimated sale price available. Chief Byerly explained that the ladder could bring approximately $10-20,000.00 and each tank could bring between $3-7,000.00 Council Member Grossklaus asked Chief Byerly to share with the Citizens and Council an example of the truck they are considering for purchase. Chief Byerly provided an overview of the fire truck. Council Member Kohls asked what the waiting period would be for the truck. Chief Byerly explained that they decided on a medium line demo model with basic specs because they did not want to wait the six months, noting the ISO issues. He reviewed the truck specs with Council stating that the truck would be delivered in approximately 4-6 weeks. MOTION BY KOHLS, SECONDED BY GROSSKLAUS, TO AWARD THE BID TO METRO FIRE TO AUTHORIZE THE PURCHASE OF A 75-FOOT LADDER TRUCK FOR THE FIRE DIVISION IN THE AMOUNT OF $499,897.00 AND APPROVE THE SALE OF THE EXISTING LADDER AND TRUCKS 3129 AND 3139. MOTION CARRIED 5-0. th B. Consider Awarding the Construction Contract for Timber Ridge 5 Addition to Three Rivers Contracting, Inc. for the Amount of $624,089.25. MOTION BY WOLCOTT, SECONDED BY RICE, TO AWARD THE CONSTRUCTION TH CONTRACT FOR TIMBER RIDGE 5 ADDITION TO THREE RIVERS CONTRACTING, INC. FOR THE AMOUNT OF $624,089.25. MOTION CARRIED 5-0. C. Consider Awarding the Construction Contract for 2003A Curb and Pavement Project to Ace Blacktop, Inc. for the amount of $626,425.80. Regular Meeting – May 21, 2003 Cottage Grove City Council Page 8 MOTION BY WOLCOTT, SECONDED BY RICE, TO AWARD THE CONSTRUCTION CONTRACT FOR 2003A CURB AND PAVEMENT PROJECT TO ACE BLACKTOP, INC. FOR THE AMOUNT OF $626,425.80. MOTION CARRIED 5-0. UNFINISHED AND NEW BUSINESS A. Consider Installation of a Painted Crosswalk at East Point Douglas Road South and the Country Inn & Suites. Council Member Kohls asked how this would benefit the public. City Engineer Hanzlik explained that this proposal came from an open forum question. She stated that the crosswalk requested would be an unsupervised intersection. She explained that East Point Douglas Road is curved in this area and there are visibility issues. She further explained that there would be maintenance costs with respect to painting in addition to the costs for the required signage. She reviewed the safety issues with Council stating that this is a very unusual place for a crosswalk. Council Member Kohls noted there is a trail along one side of East Point Douglas Road and businesses along the other. She noted that there is no safe place for people to cross in this area. Council Member Grossklaus asked if there was a crosswalk located at Hyde. City Engineer Hanzlik stated that there is no crosswalk, only a stop sign. City Engineer Hanzlik stated that she was not able to get clarification for the exact location of the requested crosswalk. She reviewed possible locations stating that they should determine whether they should remain consistent with crosswalk locations or introduce a unique situation. Mayor Shiely noted the request for a crosswalk near Applebee’s. City Engineer Hanzlik acknowledged the Applebee’s request and reviewed the area with Council. She reviewed the process and costs for maintenance stating that it is not just a matter of painting a crosswalk. She stated that the costs include signage and maintenance adding that this would have to be considered. City Administrator Schroeder clarified that one of the tasks City Engineer Hanzlik was handed when she joined City Staff was to deal with traffic markings, which includes signage and maintenance of the crosswalks. He explained the process stating that Staff has made some headway with the new sign ordinance. He noted that Public Works Director Burshten had a very good article in last month’s Bulletin alerting the public of some the actions that the City intends to take noting that it includes removal of signs that are not in compliance with the new sign ordinance. He further stated that at some point Staff would like to review the intersections and traffic markings, taking a planned approach to the process. Regular Meeting – May 21, 2003 Cottage Grove City Council Page 9 MOTION BY RICE, SECONDED BY WOLCOTT, TO DENY THE REQUEST FOR INSTALLATION OF A PAINTED CROSSWALK AT EAST POINT DOUGLAS ROAD SOUTH AND THE COUNTRY INN & SUITES. MOTION CARRIED 5-0. B. Consider Designation of John Burbank, Associate Planner, as the Historic Preservation Officer for the City of Cottage Grove. Community Development Director Lindquist explained that this came up at a previous City Council meeting with respect to the disposition of the Historic Preservation Officer position. She reviewed the process with Council noting that at the last City Council meeting Council increased the Commission membership number to seven. She explained that they are recommending that John Burbank be the main point of contact for all historic-preservation issues. She explained that the City has a considerable amount of local historic information that they would like to begin to promote and make more accessible. She further explained that Mr. Burbank’s work with the Parks Commission would provide a positive link between the two commissions and assist in future park planning. She reviewed Mr. Burbank’s background with the Council. Mayor Shiely asked if it was possible for the City to initiate a request, with property owner’s consent, if there was a property, home or structure that the City would want placed on the historic register. She expressed concerns stating that she does not want the City to lose the ability to initiate a request. Community Development Director Lindquist explained that traditionally it has been more of a self-chosen process by the property owners. She clarified that the option does exist for the City to also initiate a request. Mayor Shiely referenced the Water Tower as an example and clarified that if the City did initiate a request that the City would be responsible for the costs. Community Development Director Lindquist suggested further discussion at a future meeting. She reviewed the current issues and concerns with the Council. She noted that the Cedarhurst property is not on the City Register but it is on the National Register. She stated that they should determine what the goal is for the entire program. Council Member Kohls stated that Mr. Burbank was responsible for the Walking Tour through East Cottage Grove on May 10, 2003. She complimented Mr. Burbank stating that he had a wonderful information packet prepared for everyone on the tour. She stated that he did a very nice job with tour. MOTION BY KOHLS, SECONDED BY GROSSKLAUS, TO APPROVE THE DESIGNATION OF JOHN BURBANK AS THE HISTORIC PRESERVATION OFFICER FOR THE CITY OF COTTAGE GROVE. MOTION CARRIED 5-0. C. Consider Approving the Ordinance Establishing a Neighborhood Commercial Zoning District. Mayor Shiely complimented the Planning Commission on the amount of time, effort and energy spent in putting together the documentation. Regular Meeting – May 21, 2003 Cottage Grove City Council Page 10 Community Development Director Lindquist stated that the Planning Commission has been working on a neighborhood commercial zoning district since January 2002. She explained that several meetings were held where this has been discussed at considerable length. She explained that the Commission reviewed other metropolitan city ordinances and reviewed the specific criteria used that would address the neighborhood concerns raised during the Almar Village and Rygh project reviews. She explained that they reviewed all items listed as permitted and conditional uses in addition to accessory uses. She stated that the Commission also held an Open House and three public hearings. She reviewed the discussions with Council noting that there were several issues that the Commission struggled with. She stated that Council has two options available for disposition of this request. She stated that Council could approve the request noting that the Commission has spent several months addressing a variety of issues adding that the ordinance now addresses these issues and was unanimously supported by the Planning Commission. She stated that the second option, if City Council would like to make any modifications, was that they could continue the request to allow time for Council to review and make any modifications to the draft ordinance. She stated that Staff recommends adoption of the draft ordinance. She stated that Staff would like to add a 360-Architecture requirement noting that this provision of the ordinance had not been reviewed by the Planning Commission, but it is consistent with the goals the Commission had for the District. Council Member Kohls asked for clarification of the percentages. She referenced Item 5— Exterior Materials—and asked for an example of a project that met the exterior-material requirement of 70% brick, stone or glass. She noted the Almar Village Project and asked if this proposal would meet the 70% requirement. Community Development Director Lindquist confirmed that it would noting that Almar Village also has wood and glass. She clarified that the base is rock face not brick stating that this is often used on the very bottom. Council Member Kohls asked where the two remaining areas designated for neighborhood commercial are based on the Comprehensive Plan. Community Development Director Lindquist stated that one area is located in the southwest quadrant of the intersection at Hadley and 100th. She stated that the second area is the east ravine area, kitty corner from the Almar Village project. She stated that they would be discussing this further in the future. She noted that several of the Residents felt that this was not an appropriate use for that site adding that many Planning Commissioners concurred. Council Member Grossklaus referenced Item 3 and suggested ending the temporary signs. Community Development Director Lindquist explained that the current sign ordinance is not very restrictive. She further explained that this is more restrictive with the 30-day time limit. Council Member Grossklaus referenced the two proposed sites and discussed placing signs that would announce the proposed land use for these sites. Council Member Wolcott stated that he has discussed this type of signage with Public Works Director Burshten. He agreed stating that signs indicating future buildings and land use would help to educate the public. Council Member Kohls agreed adding that it is particularly important to educate the public if it involves commercial use in a residential area. Regular Meeting – May 21, 2003 Cottage Grove City Council Page 11 Council Member Wolcott stated that they should determine the location for the next water tower and notify the public with a future sign announcing the intent. Council Member Grossklaus asked if there is a limit to the number of liquor stores allowed in the City. Public Safety Director Mickelson clarified that there is a limit to both on-sale and off- sale adding that he does not know the exact number. City Attorney Thomson stated there is legislation in process to remove the current restriction. Council Member Wolcott clarified that they are passing a bill lifting the limit for the number of liquor stores in a City. City Attorney Thomson confirmed. Community Development Director Lindquist clarified the ordinance for Council. Mayor Shiely thanked the residents for their involvement adding that their input is appreciated. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT ORDINANCE NO. 732 AN ORDINANCE ESTABLISHING A NEW ZONING DISTRICT FOR NEIGHBORHOOD COMMERCIAL BUSINESS; AMENDING TITLE 11, CHAPTER 10 BY ADDING A NEW SECTION; AMENDING SECTION 11-1-5. MOTION CARRIED 5-0. D. Consider Directing Staff and the Parks Commission to hold a Neighborhood Meeting Regarding Placement of a Dog Park within Highlands Park. Mayor Shiely asked if they need a motion for this or is Staff asking for direction. City Administrator Schroeder stated that this is an idea that has not been proposed before, adding that they would prefer to start with concurrence from Council. Mayor Shiely clarified the areas considered for the dog park adding that she has reviewed this several times. She stated that she is a dog owner adding that this park could be beneficial for dogs but that she does have concerns about the concept. She noted the requirements by other Cities and expressed concerns regarding safety of children, people staying with their dogs and cleaning up. She noted that presently Cottage Grove does not have a group that would take responsibility for the cleanup and management of the park. She stated that because of her concerns regarding safety, cleanup and possible situations with other dogs that she would probably not take her own dog to this park. Council Member Wolcott agreed with Mayor Shiely and reviewed the maintenance costs. He expressed concerns regarding cleanup and maintenance of the area. Council Member Rice stated that he has discussed this with several people. He stated that one of the Residents explained to him that the dogs are actually very social and play together. He explained that generally, people who utilize these parks have more control over their dogs than most and are very aware of the importance in cleaning up after their dogs. He stated that those who use the park share the responsibilities in maintaining the park. Council Member Wolcott asked if there is any land not currently in use that has been considered. Council Member Rice stated they began to get involved in the Regular Meeting – May 21, 2003 Cottage Grove City Council Page 12 November/December 2002 timeframe and provided the Council with a brief history. He stated that the land is parkland not presently in use. Community Development Director Lindquist reviewed the location with Council. Council Member Wolcott asked if this park is intended mainly for larger dogs. Council Member Rice clarified that the park is for any size dog adding that size does not make a difference. He restated that most people who utilize this type of park have control of their dogs. Mayor Shiely stated that she would feel more comfortable if Council has more time to have an opportunity to review the potential sites and discuss further. She explained that she does not understand why the City-owned property on Langdon was ruled out noting it would have more possibilities. Community Development Director Lindquist explained that the area was ruled out due to its topography. She stated that the area is very flat adding that they would prefer a mixed topography. Council Member Kohls suggested a workshop to discuss the issues and concerns further. She suggested meeting to tour the potential sites and visiting existing parks in other Cities to see how they have their parks laid out. Community Development Director Lindquist stated she could provide her with potential sites and City park locations for her to review. Mayor Shiely stated she is not comfortable with making a decision on the location until they have an opportunity to tour certain parks and areas considered. Council Member Wolcott expressed his agreement with Mayor Shiely’s concerns noting that there would be certain liabilities. He stated that he is agreeable to further discussion. Council Member Grossklaus expressed concerns regarding the parking lot at Highlands Park noting that at peak times the present parking lot is very busy. He stated that this is not a place where they would have to upgrade the landscaping noting that it is pretty rough terrain. He agreed that Council should review and tour all locations before making a decision. He stated that consideration should be given to water access for both humans and dogs. He stated that water access is something people would want adding that this would be an additional expense. Council Member Rice stated that there is a water pump in the area presently being considered. Mayor Shiely stated she would like to be confident that they have a group of volunteers in the community to assist with the maintenance of the park. Community Development Director Lindquist stated that she would review their calendar for a future workshop for further discussion. E. 1. Consider Approving an Amendment to Title 11-5, Adult Establishments, of the Zoning Ordinance. City Attorney Thomson provided Council with a background stating that the first ordinance is intended to update and make the adult use ordinance provisions, with respect to zoning, Regular Meeting – May 21, 2003 Cottage Grove City Council Page 13 more state of the art. She reviewed the regulation of adult uses in terms of zoning. She explained that the Court has determined that they cannot regulate the speech based on content and reviewed the provisions for control with Council. She noted that regulation of the location of this type of business is appropriate in order to control adverse secondary impacts to the neighborhood. She stated that some of the existing terminology has created problems with respect to enforcement. She explained that this ordinance would eliminate the terminology definitions adding that the reference is scattered throughout document. She stated that it would be simpler to replace the entire document versus updating specific items. She reviewed the findings with Council regarding adverse secondary impacts caused by these conditions. She stated that the courts do not want the content of the speech to be subject to undue discretion or the activity be subject to undue discretion as it raises issues regarding first amendment protection. She explained that the Court requires that they have an available area for the businesses to locate in the City. She stated that the City cannot zone them out entirely. She stated that they have reduced the opportunity areas by adding additional uses that are typically used as a buffer for adult businesses. She reviewed the location requirements with Council. She stated that Staff has determined that the opportunity areas that are available are sufficient and that the areas meet the Constitutional requirements. Mayor Shiely clarified that the City of Cottage Grove does not have a legal right to keep adult businesses out of the City. She clarified that the City could be subject to a lawsuit because the State of Minnesota Court system has determined this is a first amendment issue and there is a right to free speech. City Attorney Thomson clarified the legal responsibilities with Council noting that the revised ordinance does meet State legal requirements. Mayor Shiely clarified the 500-feet and asked if they could adjust it to 1000-feet. City Attorney Thomson clarified that they did research this requirement stating that they found that this could subject the City to potential lawsuits. She stated that it would not meet the State requirements. She stated that the purpose of the ordinance is not to restrict the number of businesses but to provide protection to different types of uses. Mayor Shiely noted that some of the establishments that would be allowed struck her as possibly being illegal. City Attorney Thomson clarified this ordinance would not permit illegal conduct. Mayor Shiely asked for clarification on the differences between an adult sauna and prostitution. City Attorney Thomson stated that the ordinance defines an adult sauna that would exclude minors by reason of age. She stated that most definitions that would make a business considered an adult establishment are if there are services provided that specify activities. She stated that saunas would be subject to compliance with the zoning. Mayor Shiely asked for clarification on restriction for public nudity. City Attorney Thomson stated that they have more ability to restrict nudity within a club versus an adult establishment. She stated that this would be an adult establishment and that nude dancing is considered expressive interpretation, covered by the first amendment. Regular Meeting – May 21, 2003 Cottage Grove City Council Page 14 City Attorney Thomson stated that obscenity is not protected first amendment speech. She stated that the Supreme Court has never been able to define what is obscene noting that there is reference to a Community standard as to what is considered obscene. She explained that the courts have not found typical nude dancing to be obscene. She stated that the ordinances cannot entirely ban them they can only restrict the areas and put into effect regulations that would limit the adverse impacts. Mayor Shiely noted a point brought up by Planning Commission is to keep the property value and development costs up. She asked her to list the four possible places in Cottage Grove where this development could occur. Community Development Director Lindquist reviewed possible sites with the Council noting that there is very little land available along Highway 61. Mayor Shiely noted that most potential sites are presently in use by other businesses. City Attorney Thomson noted that it is not the City’s obligation to provide a site. She stated that what is required is to have a site or area that is already available where they would have to compete with the market place. MOTION BY KOHLS, SECONDED BY RICE, TO ADOPT ORDINANCE NO. 733 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA AMENDING TITLE 11, CHAPTER 5 OF THE COTTAGE GROVE CITY CODE RELATING TO ADULT ESTABLISHMENTS. MOTION CARRIED 5-0. 2. Consider Approving the Amendment to City Code Title 3-3 Relating to Liquor Licenses. MOTION BY WOLCOTT, SECONDED BY GROSSKLAUS, TO ADOPT ORDINANCE NO. 734 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA AMENDING TITLE 3, CHAPTER 3 OF THE COTTAGE GROVE CITY CODE RELATING TO LIQUOR LICENSES. MOTION CARRIED 5-0. F. 1. Consider Declaring Costs to be Assessed and Ordering the Preparation of Proposed Assessment Roll for Removal of Public Safety Hazards at A&F Auto, 10876 Ideal Avenue South. Finance Director Hedberg reviewed the assessments stating that the work performed includes removing excess tires stored on the property. He stated that in August 2002 the City received a judgment against the property owner. He stated it required that all tires not attached must be removed from the property. He explained that the property owner did not meet the December 2002 timeline. He stated that the City contacted First State Tire to remove the tires adding that the cost for removal came to approximately $13,442.00. He stated that the total amount to be assessed would be approximately $21,000.00. He reviewed the assessment costs with Council stating that this would be a three-year assessment. MOTION BY WOLCOTT, SECONDED BY RICE, TO DECLARE COSTS TO BE ASSESSED AND ORDERING THE PREPARATION OF PROPOSED ASSESSMENT ROLL FOR Regular Meeting – May 21, 2003 Cottage Grove City Council Page 15 REMOVAL OF PUBLIC SAFETY HAZARDS AT A&F AUTO, 10876 IDEAL AVENUE SOUTH. MOTION CARRIED 5-0. 2. Consider Calling a Hearing for June 18, 2003, on the Proposed Assessments for Removal of Public Safety Hazard at 10876 Ideal Avenue South. MOTION BY RICE, SECONDED BY WOLCOTT, TO CALL A HEARING FOR JUNE 18, 2003 ON THE PROPOSED ASSESSMENTS FOR REMOVAL OF PUBLIC SAFETY HAZARD AT 10876 IDEAL AVENUE SOUTH. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS A. Public Safety Commission Recommendations Regarding Snowmobile and ATV Operation. Mayor Shiely referenced the memo received from Deputy Director of Public Safety Craig Woolery regarding the Public Safety Commission recommendations. She noted that the Public Safety Department held a Public Hearing on April 16, 2003. She stated that the memo and recommendations are the results from feedback received during the Public Hearing. She thanked Deputy Director Woolery for the report and recommendations. Mayor Shiely asked for clarification of the banning of all recreational vehicles from public roads. Mr. Smallidge explained that it was unanimously recommended that City Council take action to ban all vehicles with rubber tires noting that State Legislature is actively pursuing the same issues. He stated that currently there is a State Statute in place stating that during the months of April 1 through August 1 all of these vehicles are banned in ditches, road shoulders and public roads in the majority of the State of Minnesota. He noted that most Public Safety Departments are not aware that this is a law and therefore are not enforcing it. Louise Smallidge stated that as it stands it has passed the Legislature and the State is leaving it up to each County and jurisdiction to determine if the vehicles would be allowed. She stated that the City would have to determine what roads the vehicles would be allowed to use. Mr. Smallidge stated that it is his hope that Council would consider the recommendations of the ad hoc committee to unanimously ban the vehicles completely in the City of Cottage Grove. He stated that trails are being provided for this kind of use by the State. He stated that there has already been a great deal of damage done to State, County, and City roads by these vehicles. He stated that it is his understanding that one of the individuals who sells snowmobiles in the Community has come forward to the City and offered to provide a snowmobile to the Police Department for their use in the upcoming season. He stated that it was his understanding that this would be provided at no additional cost to the City and suggested that City Council check into this. Council Member Kohls stated that she is the Council Liaison to the Public Safety Commission. She acknowledged that Mr. Smallidge is correct adding that it was determined that these vehicles are causing the majority of damage to properties in the area. She stated Regular Meeting – May 21, 2003 Cottage Grove City Council Page 16 that she would like to suggest that Council table this issue until they know what the State is going to do. She suggested revisiting this issue in August 2003 and have a discussion on what they would like to do as a municipality at that time. Council Member Wolcott suggested City Attorney Thomson research what they can and cannot do and review how the County would address. MOTION BY KOHLS, SECONDED BY WOLCOTT, TO TABLE THIS DISCUSSION UNTIL THE END OF THE LEGISLATIVE SESSION AND SEND INFORMATION TO CITY ATTORNEY FOR REVIEW AND DRAFTING OF ORDINANCE. MOTION CARRIED 5-0. B. Proposed Changes in District 833’s Busing of Students. Mayor Shiely referenced the memo received from Deputy Director of Public Safety Craig Woolery stating that the memo outlines the proposed changes in District 833’s busing of students. She noted that the report provided by Public Safety Director Mickelson states that children can ride the bus if they live over two miles from the school. She stated that the Council met with the Superintendent to discuss the issues. Council Member Kohls stated that Commissioner Gagnagel discussed the busing issues with her adding that she would like a discussion amongst Council. She stated that it is her belief that this would be a cost to the City. She stated that more parents would be allowing their children to purchase vehicles to alleviate the longer walk. She noted the parking issues in addition to more children on the street, more people driving their children to school stating that traffic issues would increase in the area. Mayor Shiely stated that they discussed costs to the City that would include additional signage and parking needs. Public Safety Director Mickelson stated that he covered the spillover with Mr. Paulson noting that the Highland speed issue comes out of the changes and due to the increase in parking. He agreed that there would be spillover in costs to the City. Council Member Kohls asked how much this would save the school district and what would it cost the City. She asked if they have a higher concentration of officers in the area when school is starting and ending. Public Safety Director Mickelson stated that they do have a higher concentration when they have officers available and not needed to answer other calls. Council Member Kohls clarified this only affects junior and senior high schools. Mayor Shiely stated her concern is that a cost saving for the schools should not be a cost expenditure for the city. Council Member Kohls suggested a firm letter stating that the City cannot afford the spillover in costs and include their concerns regarding the safety issues. Public Works Director Burshten stated that a two-mile walk could take up to 45 minutes adding that during the winter months it could be a very big safety issue. Council Member Kohls stated that they definitely should send a letter to the School Board expressing their concerns. City Regular Meeting – May 21, 2003 Cottage Grove City Council Page 17 Administrator Schroeder agreed that they should provide a letter addressing the cost and safety concerns. Council Member Wolcott agreed and expressed concerns regarding winter month conditions. Public Works Director Burshten noted that when students park off campus there could be issues with moving cars in order to plow adding that students are not released to move vehicles. He stated that it would involve ticketing and towing. Council Member Wolcott noted that the schools should cooperate with the snow removal and moving of vehicles. Council Member Wolcott noted issues around sidewalks and parking. He stated that the School District should provide parking for the additional drivers and not expect the neighborhoods to accommodate the additional parking. He stated that most high school students would not ride the bus. He stated that they would be driving and that the increase would create a parking issue. He stated that there is not enough space for people to park at the high schools adding that it is not safe for walking if the weather is inclement. Public Safety Director Mickelson stated there is one solution that has been tried noting that the school has offered a remote parking lot with a shuttle-bus ride from lot. He stated that this option does not work with the students, as it does not fit into their culture. COUNCIL COMMENTS AND REQUESTS Council Member Kohls referenced developer impact fees stating that it was her understanding that the City of Rochester utilizes this process. She noted that State approval is required and asked Staff to research the process Rochester took and how they are doing it now. Mayor Shiely stated that she received an email from a Citizen regarding a stoplight on Hyde th and 80. She stated that the Citizen expressed concerns stating that the light should not be working when school is not is session. City Engineer Hanzlik stated that she responded to th the 80 street issue adding that she and City Administrator Schroeder met with Bob Brown, State Engineer and discussed the possibility of participation with MnDOT. Mayor Shiely th asked for the background information on 80 and Hyde. She stated that she would like information from Community Development Director Lindquist as to what Cottage Grove has received from the Community Block Program. City Administrator Schroeder stated that it was approximately $272,000 noting that it has been dedicated to a senior housing project and he reviewed the project with Council. PAY BILLS MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE PAYMENT OF CHECK NUMBERS TO 129142 THROUGH 129343 TOTALING $740,886.83. (CHECKS 129142- 129174 IN THE AMOUNT OF $115,703.19 ISSUED PRIOR TO COUNCIL APPROVAL.) MOTION CARRIED 5-0. Mayor Shiely called a 10-minute break at 9:45 p.m. Regular Meeting – May 21, 2003 Cottage Grove City Council Page 18 Mayor Shiely called the meeting back to order at 9:55 p.m. WORKSHOP SESSION – OPEN NONE WORKSHOP SESSION – CLOSED Mayor Shiely announced that that the purpose of the workshop, closed to the public, was in regard to pending litigation. A. Discussion regarding Pending Litigation. ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY RICE, TO ADJOURN THE MEETING AT 10:45 P.M. MOTION CARRIED 5-0. Respectfully submitted, Bonita Sullivan TimeSaver Off Site Secretarial, Inc.