Loading...
HomeMy WebLinkAbout2003-03-19 MINUTES REGULAR MEETING COTTAGE GROVE CITY COUNCIL March 19, 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 Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Kim Lindquist, Community Development Director John Mickelson, Public Safety Director Nancy Hanzlik, City Engineer Harry Taylor, Public Works Supervisor Corrine Thomson, City Attorney Michelle Wolfe, Assistant City Administrator Caron Stransky, City Clerk Mayor Shiely asked the audience for a show of hands of who wanted to address the Council during Open Forum. She indicated that the issue of the ice arena is not on tonight’s agenda but she would be making an opening statement related to the ice arena followed by the 15 minute Open Forum. She explained this time limit is out of respect for those in the audience who do have items on tonight’s agenda. Mayor Shiely urged residents who are concerned about the ice arena to be aware that they will have many opportunities between tonight and May 19thwhen the State Legislature adjourns, to express their concern. She announced that there will be a budget workshop at City Hall on March 25th and encourage residents to attend as well as subsequent Council meetings between now and end of May. She asked residents to keep sending their calls and e-mails of concerns. Mayor Shiely stated she is convinced that people do not understand the seriousness of the situation the City is in. Several weeks ago, after the budget was already in place, the City was told through the Governor’s budget plan that we would have to cut $887,000 or 9% of Regular Meeting – March 19, 2003 Cottage Grove City Council Page 2 of 20 the current operating budget. In addition, next year there will be a $1.6 million cut in local government aid to Cottage Grove, or an 18% budget cut. Mayor Shiely noted that the State Auditor’s report refers to two types of services that the City offers which are being looked at - non-essential services (recreational services) and basic services (public safety and public works). She stated the Council would like to have concerned citizens focus their energies to develop partners at the ice arena, school district, or ice associations so the City can afford to keep the ice arena open. She strongly suggested residents contact their legislators and noted that a list is available on the back table of the Council Chambers. Mayor Shiely stated this is an on-going issue and will not be resolved until the final numbers come from the Legislature in mid-May. So, a decision will not be made prior to that time. She stated as that date comes closer, she assumes the Council will continue to develop outside resources for financing. Mayor Shiely stated the issue on cuts in services will be pulled from tonight’s Consent Agenda so comments will be taken on those issues at that time. She invited the audience to address the Council on items that are not on the agenda. Mike Gutterman, 8920 83rd Street Court South, expressed his appreciation for the opportunity to speak to an item that is very important to him and hundreds of Cottage Grove families. He stated he understands the Council is considering closing the ice arena and respectfully asked them to reconsider that decision. Mr. Gutterman stated that kids must be given something to do and an outlet to express themselves. This can be accomplished through community centers, libraries, athletic fields, or other non-constructive ways. He noted that only 3% is budgeted to fund youth recreation programs and 41% is budgeted for the Police and Fire Departments. Mr. Gutterman commented that if the City closes the ice arena, they would find they are not saving money but redistributing it to the Police and Fire Departments. He stated that a recent fiscal report in 2002 indicated the hockey ran at a $100,000deficit; however, that is better than in previous years. He suggested if that amount is all it takes to keep 500 kids off Cottage Grove streets and the arena open, then he would ask the Council to reconsider spending $30,000 on a Ford Expedition. Mr. Gutterman stated he is asking the Council to do the right thing for every member of Cottage Grove and keep kids in the library, gymnasiums, athletic fields, and ice arena. Michele Pulanco, 8657 Johansen Avenue S., stated she wanted to reiterate comments made by Mr. Gutterman. She stated she is a mother of two who takes advantage of programs in Cottage Grove and without them her family would be hurt significantly. Ms. Pulanco asked the Council to do their best to spread cuts through the City’s budget and keep the most of what we’ve got. Steve Morse, 11381 Kingsborough Trail, stated he is Chair of the Cottage Grove Parks, Recreation, and Natural Resources Commission. He stated that when the ice arena opened in about 1972 he was one of the first players to skate on that ice and spent his youth through Regular Meeting – March 19, 2003 Cottage Grove City Council Page 3 of 20 high school on that ice. He stated that when he left high school he spent the next eight years on that ice coaching and has also spent the last three years coaching. He stated he understands the impact it has had on his life. Mr. Morse stated the athletic association and hockey division are extremely dedicated to help the City find ways to help the ice arena run more smoothly and better financially. He stated he is convinced that using those resources is a better option than closing the arena. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular th meeting on Wednesday, March 19, 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 Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Kim Lindquist, Community Development Director John Mickelson, Public Safety Director Nancy Hanzlik, City Engineer Harry Taylor, Public Works Supervisor Corrine Thomson, City Attorney Michelle Wolfe, Assistant City Administrator Caron Stransky, City Clerk Mayor Shiely presided over the meeting. She asked all to keep the United States troops in mind on this night, that they are proud of them, and hopeful for their safe return. ADOPTION OF AGENDA MOTION BY WOLCOTT, SECONDED BY KOHLS, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED 5-0. APPOINTMENTS AND PRESENTATIONS A. APPOINTMENTS NONE. Regular Meeting – March 19, 2003 Cottage Grove City Council Page 4 of 20 B. PRESENTATIONS 1. Retirement Presentation: Firefighters Dan Bigham and Wally Fritze. Mayor Shiely stated Wally Fritze is being recognized for his retirement from the Fire Department after 30 years of service. The Council came forward and presented Firefighter Wally Fritze with a retirement plaque. Mayor Shiely and the Council thanked Mr. Fritze for his past service to the community as a member of the Fire Department. APPROVAL OF MINUTES A. March 11, 2003 Special Meeting. Mayor Shiely stated the minutes stand approved as presented. B. March 13, 2003 Special Meeting. Mayor Shiely stated the minutes stand approved as presented. CONSENT CALENDAR Mayor Shiely pulled Items 4U and 4X. Council Member Grossklaus pulled item 4D. He noted that this item deals with the expanding development of Pine Arbor Addition and doubles the number of multi-family housing. He stated his concern with outgrowing the City’s services since housing is growing but the City is not adding to services. Mayor Shiely noted that Item 4U deals with issuing a Multiple Animal License. She stated her concern with the fifth condition of staff’s recommendation since the applicant has admitted they occasionally breed their dogs. However, it still adds to the number of dogs in the household and she questioned how the City can determine if it is for commercial purposes. She stated there are currently four dogs and one cat and she is concerned about the number of animals on the property. Marc Fournier, 7219 Janero Avenue South, stated he lives two doors from the applicant. He stated he attended tonight for the ice arena issue and noticed this application was on the agenda. He stated he reviewed the staff report and noticed that the Public Safety, Health, and Welfare Commission voted to deny this application and one of the commissioners who supported the application indicated it was unfair. Mr. Fournier pointed out that it may also be unfair to the neighbors who may have to put up with the effect of the dogs. He asked that the density of dogs in this neighborhood be considered since if one barks, they all bark. He Regular Meeting – March 19, 2003 Cottage Grove City Council Page 5 of 20 also noted the immediate neighbor’s letter who submitted a diplomatic letter to the Commission and desired to keep a good neighbor policy but preferred the application be denied. Mr. Fournier stated the applicant said they do sell the animals they produce at cost. He asked if the City will require cost studies on dog littering. He requested this item be tabled since, unless you are an immediate neighbor, you are not aware of this application. He asked that the application be tabled so there could be more study or that it be denied. Mayor Shiely stated it is known that dogs are being bred and it is not an issue of where the dogs are going but the number of dogs being maintained. She stated her support to table the application so staff can look at the requirements. Council Member Kohls stated she would support tabling so the applicants can be present to explain the conditions and what they are doing. MOTION BY WOLCOTT, SECONDED BY SHIELY, TO TABLE CONSIDERATION OF THE MULTIPLE ANIMAL LICENSE APPLICATION OF MARK AND MARGARET BRADY. MOTION CARRIED 5-0. Mayor Shiely stated Item 4X deals with budget cuts and the draft resolution would accomplish the following:  Eliminate non-essential training, memberships and subscriptions  Transfer the remaining general fund expenses associated with street sweeping directly to the Storm Water Utility Fund  Close the swimming pool  Apply Council Contingency and Fund Balance Increase  Reduce EDA Fund Marketing and Professional Services  Eliminate contribution to Youth Service Bureau out of the Gambling Fund  Identify and eliminate services being provided to the public without charge  Close Fire Station No. 3 Council Member Kohls requested that these items be discussed. She stated she has issues with several items on the list because at the end of the workshop meeting she was not convinced that she had said to go ahead with all of the cuts on the list. She stated most specifically she is concerned with the closing of Fire Station No. 3 which means the service would not be provided from Old Cottage Grove and would come from Fire Station No. 2 which is on 80th street. Council Member Kohls stated that it was mentioned there would be a one time cash contribution of $20,000. This would be realized by selling some of the equipment at Fire Station No. 3. She noted that the Agreement for the Consolidation of East Cottage Grove Volunteer Fire Department (1994) states that should property be sold that was owned by the Volunteer Department, the funds would go into a dedicated fund for recreational facilities such as playground equipment, ice rink(s), additional baseball diamonds, etc. – it being the intent and purpose to directly serve and benefit the residents of East Cottage Grove. Regular Meeting – March 19, 2003 Cottage Grove City Council Page 6 of 20 Council Member Kohls stated the agreement with Chief Cusick, at the time of the merger, was that nothing was to be sold. At that time, Joan Growe determined if and when the property was dissolved, it could not be sold because all equipment and property was donated by residents of Old Cottage Grove and the Volunteer Fire Department was a non- profit organization. She noted that a suggestion has been made that one piece of equipment that would be sold is the “Parade Truck”. She pointed out that truck has been lovingly restored and maintained by the firefighters in Old Cottage Grove. She stated that there is history and pride in this truck and asked how the City can put a price tag on that. Council Member Kohls reviewed that it was also discussed that when the time came to put a station back into the area, another one would be built in a “better location”. She asked what would happen to Fire Station No. 3 since it cannot be sold since the four acres it sits on was part of the East Cottage Grove Fire Department’s assets at the time of the merger. Council Member Kohls asked what it will cost to replace the equipment that is sold or siphoned off when the time comes to again open a station on the east side. She suggested it will cost more than the $20,000. Council Member Kohls advised that according to Skip at Quantum Restoration, who restores homes that have been involved in a fire, the damage done during a fire averages about $100 per second, or $6,000 a minute. She noted that a 5-minute additional response time would equate to $30,000 in damage that probably could have been prevented. She noted that many of the homes in Old Cottage Grove are historic and over 100 years old. Due to the materials used to build these homes, she stated she thinks they are much more combustible than homes being built today so time is even more critical. Council Member Kohls stated it is not only the drive time (3 – 5 minutes), but also the setup time. She noted that Station No. 3 has their truck loaded with 2,000 gallons of water at all times. So, when they get to the fire, they can immediately start suppressing the fire. She asked if Station No. 2 will be able to do the same. Also, she noted that there are more than three or four firefighters working out of Station No. 3. Council Member Kohls stated that FEMA and the FTA did a study in 2002 on needs assessment of fire service. One of the points made was that their standard states its requirements in terms of time. Specifically that 90% of responses by the initial arriving company shall be within four minutes. However, with the elimination of Fire Station No. 3 the response time would be 12-14 minutes. Council Member Kohls stated the fire fighting service in Old Cottage Grove was established in 1957; 46 years of tradition and pride. She noted that was before Orrin Thompson established the “new Cottage Grove” and has 46 years of residents in that area having the comfort of knowing they have a local fire station in their neighborhood. It’s not only been a matter of pride for the fire fighters, but for the entire community. Regular Meeting – March 19, 2003 Cottage Grove City Council Page 7 of 20 Council Member Kohls stated there has not been any discussion about this with the neighborhood and it simply is not right to make this sort of a change without notifying the public and allowing input. She stated that cuts should be considered by their associated commissions to get their input and the Council has not had more than a few minutes of discussion about this issue. She stated she believes it deserves more than that. Council Member Kohls stated the Council has barely begun the process of trying to determine where our budget cuts will happen. She felt that to start implementing closures or services before the Council has finished its discussion is not right. She noted that the City does not even know for sure how much will need to be cut. She questioned why the Council would cut something that has life saving opportunities. Marcy Kate Erickson, 8283 Jewel Avenue South, stated the pool is important to Cottage Grove residents. She stated that since the budget has not been completely discussed and it is not known how much will be coming from the State, she thinks this list is “jumping the gun.” She commented on how the Cottage Grove outdoor pool positively impacted her childhood because the life guards were good role models. Ms. Erickson stated she learned how to swim, dial 911 in emergency situations, get along with peers, follow rules, and respect authority. She stated the pool is a safe area and an asset to the neighborhoods of Cottage Grove and St. Paul Park. Ms. Erickson stated that today’s children need the same guidance and community support that she got through park and recreation programs and the outdoor pool. She stated she is certified in CPR and lifesaving and it has had an incredible impact on her life and can effect many more. Ms. Erickson encouraged the Council to delay this decision so input can be received from the community and not just the five Council Members. Mayor Shiely stated that the pool is a different situation than the ice arena because if the pool is operating this summer, hiring has to start right now and the sign up information needs to be distributed. She explained that the Council has been given a short time limit to make budget decisions so this is not like the normal process that can go through all the commissions. That is the downside of what the Council is facing and some decisions will have to be made by the Council. Mayor Shiely stated the Council held a public forum meeting on March 11th where all citizens were invited to provide input. She explained that the Council made the same decision with the pool as made with the ice arena to cover that deficit for a number of years. However, now the pool has become a safety concern. The pool was talked about during budget discussions and whether to close the pool, due to safety issues, since there has not been enough money to bring the pool up to where it should be. Mayor Shiely stated the City Hall also has not had the money to build a pool somewhere else. She noted that the Park, Recreation, and Natural Resources Commission has been working hard on a community center but right now, it is not known how that could ever be accomplished. In the mean time, the Council is faced with having to put more money into the pool because of safety issues. Regular Meeting – March 19, 2003 Cottage Grove City Council Page 8 of 20 th Robert Eddy, 11725 77 Street South stated he was a St. Paul fire fighter for 29.5 years so he knows the importance of response time. He complemented Council Member Kohls on the presentation she made and stated that closing the fire station would increase the response time and need to get water out there since there are no hydrants in that area. He stated he served on the Fire Department of Old Cottage Grove before working with the St. Paul Fire Department and knows there are dedicated volunteers. Mr. Eddy stated that closing Fire Station No. 3 and increasing the response time will be disastrous for those homeowners and asked about the impact to insurance rates. He stated he does not have cable television so he was unaware of what was going on at the Council meetings. He stated that Fire Station No. 3 has been there for many years and there are dedicated people who support it so he would hate to see it closed. Mayor Shiely explained that the Council is not talking about a permanent closure of Fire Station No. 3 but to “mothball” the fire station and sell the equipment. She stated the Council needs to make it clear that in 2002 there was one fire call from that station. The Council is considering this action until the City can get back on its “financial legs.” Mayor Shiely explained that this issue was brought forward by the Public Safety Department as a possible cost saving measure and presented to the Council. Steve Sobaszkiewicz, 7556 Langley Avenue South, stated he has served as a firefighter for 23 years and Fire Station No. 3 has 12 lockers with bunker gear in them. He stated a point was brought to his attention that they may gain fire service from the Denmark Township area and Afton Alps. It would then become a major hub to provide service for all of that housing. He stated that “mothballing” would impede their activity and fire damage of $100 per second is very scary. Mr. Sobaszkiewicz stated that he does not think there was only one call during 2002. He stated that during the first ten years there were a lot of fires and he is concerned about a longer response time. Victor Prueser, 7540 Laverne Avenue South, agreed that response time is critical and stated he would hate to be a Council Member if a life is lost because of a one or two-minute delay in getting to a fire. Also, their insurance premium will increase 50% or more if Fire Station No. 3 is closed. He asked how a dollar figure can be put on life and urged the Council to find a way to make it work. He stated this station may be able to serve more of the area and he doubted it would be reopened if “mothballed.” Mayor Shiely stated the budget meeting last week took three and a half hours and a list of 300 items were presented by staff and reviewed by the Council. Some items were put on a “back burner.” Of the $887,000 needed in cuts, the Council has $250,000 of cuts yet to make. For next year, the budget will be $1.2 million short so all will have to suffer a loss of quality of life. Mayor Shiely stated that Cottage Grove was harder hit than other communities of comparable size. This occurred because many suburban communities do not need local government aid because they have a higher commercial and industrial tax base. She stated that Cottage Grove does not have that tax base and the Council is working very hard to meet with Legislators and the Speaker of the House to ask them to look at the Regular Meeting – March 19, 2003 Cottage Grove City Council Page 9 of 20 situation in Cottage Grove. She stated this is a continuing process and the closing of Fire Station No. 3 was presented to the Council as a suggestion. Elsie Savage, 7174 Imperial Circle South, stated she has been a lifeguard at the pool for over two years and seen it affect the lives of families in Cottage Grove and St. Paul Park to get away from the stresses of everyday life. She indicated that the pool is not only a place to get away from the day but a small community that is a safe place and provides role models. She stated that a parent said it put her daughter back on the right track and her daughter now wants to become a life guard so she can work at the pool. Ms. Savage stated the pool allows them a step in the right direction and to set goals for the future. She noted this is a community consists of working class adults who do not have the ability to transport their children to another pool. Ms. Savage noted that there are other areas to cut, such as lowering salaries. She stated the pool is an important asset to the community and should not be written off as an easy cut. Lori Arndt, 1040 Ashland Avenue, St. Paul Park, stated she is an elementary school teacher and got a telephone call informing her that the closing of the pool would be discussed tonight. She stated that she did not find information on this proposed cut on the website or in the newspaper and felt it was wrong to consider a cut to youth services of the community without informing the public. Ms. Arndt stated the news is just percolating in the community about this proposed cut and the community has said it values youth sports. She explained that she has the summers off and for the past four years she has gone to the pool with another Cottage Grove resident who is also a teacher. Ms. Arndt stated she has seen what is going on at the pool and thinks it is great to have a public swimming pool that is an institution. She suggested the Council consider increasing fees since there is an operating deficit and that if those who use the pool were surveyed, they would agree it is a “song” compared to what others pay at pools. She urged the Council to table this decision. Ms. Arndt’s son, a nine-year-old, said the kids at his elementary school know of the pool and most of his friends go there in the summer. He said he sees his friends there every day and they will be really mad if the pool is closed since it is a safe and good way to exercise. He stated that after he sees his friends he takes a nap every day. Linda Dobbs, 6047 Kalen Circle, Woodbury, stated she is an elementary teacher and sees the pool as an asset to Cottage Grove. She stated her family has purchased family memberships and found the cost to be very reasonable. Ms. Dobbs stated that her friends have found there are very few outdoor pools in the metro area and believe it is a resource worth saving. Also, with the economic downturn, families are looking for something to do close to home. Ms. Dobbs stated she has a 13 and 16-year-old and that is an age they need something to do and a place to hang out without having to drive. She stated her oldest daughter is a pool employee and indicated how highly the inspectors have spoken of the way this pool is run and operated. She stated the pool is a place for children to exercise, participate in healthy activities, and be supervised. Ms. Dobbs stated she realizes this is a difficult time but asked that the Council look again at the budget and find another way to replace the operating subsidy that is lost, perhaps looking at other swim clubs who may need Regular Meeting – March 19, 2003 Cottage Grove City Council Page 10 of 20 a place to practice or advertising to other schools for families to offer revenue to the pool. She noted that last year, with the street repairs, it was difficult to get to the pool. So, hopefully, that can be taken care of this year. Ms. Dobbs again stated this is a good asset for the surrounding area and is a safe pool as opposed to a natural body of water. She asked the Council to keep the Cottage Grove municipal outdoor pool open or to table the decision so the community has time to learn of this and voice their opinions. Gary Kjellberg, 7389 Inman Avenue S., stated that he has full confidence in the City’s elected officials to make the right decision when the time comes. He stated that not all may realize the magnitude of this issue and cuts will have to be made. He stated it will be a difficult decision and residents should attend the meetings so they know more about what is going on. Mayor Shiely stated staff had the understanding that these eight items had Council consensus to be cut. Finance Director Hedberg stated that was staff’s understanding and the one most time crucial item is the pool since, if opened, it needs to be staffed. Mayor Shiely stated the pool itself is not safe. Public Works Supervisor Taylor agreed that the Parks Department does a good job of staffing the pool. On maintenance issues, he explained that every year the City has tried to keep it going and it is one of the oldest outdoor pools left in Minnesota. However, staff is not sure where it is at structurally and the building is not up to ADA codes. Public Works Supervisor Taylor stated it is not known how much longer the pool can go since the wall moves during the summer. He indicated that staff would love to see a new pool built. He stated that he also grew up there and his kids used the pool so he understands it is a huge asset to the community but a hard decision will have to be made. Mayor Shiely stated an e-mail she received suggested the City stop plowing sidewalks in order to keep the ice arena or pool. She stated she asked staff what would be saved to not plow sidewalks and it is about $14,000, which is a long way from the $250,000 that still needs to be cut. She stated she is happy that people outside of Cottage Grove are enjoying the pool but the citizens of Cottage Grove are paying for the pool and the yearly deficit. Council Member Grossklaus stated he knew it was discussed to close the pool but he thought the other issues were to be continued for an on-going discussion. He stated that the number to be cut is $900,000 and if something is saved then something else will have to be cut. He stated that the residents need to contact the Governor’s office about this serious issue. Council Member Grossklaus explained that If no programs are cut then the City would lose one-half of the Police Department, the Public Works, and all of City Hall. He stated the Council is not rushing into a decision and is still looking for recommendations on what else to cut. Council Member Grossklaus commented that when the time comes and the State does not send the check, the City’s books have to be balanced or it will go bankrupt. He stated that to cover the cuts would increase taxes by $59 per citizen. However an increase in taxes is not allowed by the Governor’s proposal so the only option is to make cuts. He stated that concerned residents need to contact the Governor’s office and Legislators. Regular Meeting – March 19, 2003 Cottage Grove City Council Page 11 of 20 Mr. Don Pelton, 7753 Inskip Trail South, stated he is a psychologist and can talk about what happens in cities that do not provide services to its children and youth. He stated that he likes to offer suggestions and asked if the Council has considered cutting the $30,000 truck and a couple of staff salaries at the golf course. He stated that re-prioritizing the priorities would allow the City to keep services. He asked that services be prioritized. Mr. Pelton stated that people here tonight are parents and in his family, his children come first. He stated that the golf course is an area where efforts can be re-prioritized and revenue from that facility can be taken to make up the difference by cutting a staff person. He asked the Council to table this matter for further public discussion. He stated he understands the time constraints and urged that another meeting be scheduled soon. Mayor Shiely stated the next budget workshop is Tuesday, March 25, 2003, at City Hall. Karla Bigham, Public Safety Commissioner, stated she would like this issue to be tabled to allow the City’s Commissions to have some discussion. Council Member Wolcott expressed his appreciation for the input provided tonight. He stated the Council did agree to these items and at that time were convinced it was the right thing to do but the Council has not completed the list of budget items. He stated that the Mayor indicated at the beginning of the meeting that the Council has to cut about $900,000 from the budget this year, which is a serious matter. He noted that it is already one-quarter of the way through the year and the longer the Council waits, bigger cuts will be needed in 2003. Also $1.7 million will need to be cut in 2004. Council Member Wolcott stated he would also like to keep the pool open but at this point in time, he would like to continue the budget process. He stated residents need to understand how serious this matter is. He commented that a statement had been made on a recent radio program that city officials should be able to handle a 3% to 4% budget loss. Council Member Wolcott stated it has also been made public that Governor Pawlenty said the maximum cut would be 5% and was nothing more than “tightening belts.” Council Member Wolcott stated that is not true and this is more like major surgery on City services and the budget. He stated that he understands what the resident’s want but the Council will have to make the choices on 9% of the budget this year and 18% of the budget next year. He stated that all need to understand how serious this is and encouraged residents to offer ideas on how it can be done. Council Member Wolcott stated he would like to look at the entire budget before making a decision on cuts. Mayor Shiely stated she hopes the Council can finish the list of budget items at the meeting next Tuesday. Council Member Wolcott pointed out that property taxes only pay $7.3 million and the rest is fees so this is a serious budget cut. He stated that no one will get through the budget cuts without being upset with what happens. He stated the Council approved this budget originally and it was not their idea that the Governor would balance the State budget by Regular Meeting – March 19, 2003 Cottage Grove City Council Page 12 of 20 hurting the City of Cottage Grove as much as he is. Council Member Wolcott stated he does not mind “tightening the belt,“ but this is more like major surgery. He restated that he would like the Council to go through the entire list before making a decision on the cuts to be made. Mayor Shiely stated her understanding that the Park Department needed a decision on the pool since staffing is needed for the summer. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO TABLE AND CONTINUE ITEM 4X, RESOLUTION DIRECTING STAFF TO PREPARE REDUCTIONS TO CERTAIN PROGRAMS, TO THE BUDGET DISCUSSION OF MARCH 25, 2003. Assistant City Administrator Wolfe advised that the Cottage Grove newsletter will be sent to the printer tomorrow and budget information is contained in the newsletter. Typically, information about the pool is included, but it will not be in this newsletter. She explained that some other means would be needed if it is decided to keep the pool open. Also, staff is undergoing the employment process for the summer positions. UPON VOTE BEING TAKEN, MOTION CARRIED 5-0. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MEETING MINUTES: i. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION OF JANUARY 13, 2003. ii. PUBLIC WORKS COMMISSION OF FEBRUARY 10, 2003. iii. PLANNING COMMISSION OF DECEMBER 23, 2003. B. APPROVE CHANGE ORDER #1 FOR THE HIGHLAND HILLS UTILITY, STREET AND STREET LIGHTING IMPROVEMENT PROJECT. TH C. APPROVE CHANGE ORDER #2 FOR THE PINE SUMMIT 4 ADDITION PROJECT. D. ADOPT RESOLUTION NO. 03-049 RESCINDING RESOLUTION NO. 02-231 AND ST APPROVING THE REVISED FINAL PLAT FOR PINE ARBOR 1 ADDITION. E. ADOPT RESOLUTION NO. 03-050 APPROVING THE SITE PLAN REVIEW WITH VARIANCES AND CONDITIONAL USE PERMIT FOR A SUBWAY RESTAURANT WITH DRIVEWAY AND ADDITIONAL RETAIL SPACE AT 8455 EAST POINT DOUGLAS ROAD. F. ADOPT RESOLUTION NO. 03-051 AUTHORIZING THE ENGINEERING AND TRAFFIC INVESTIGATION TO DETERMINE REASONABLE AND SAFE SPEED THTH LIMITS ON 65 AND 70 STREETS. G. APPROVE THE APPOINTMENT OF MR. DAVID THIEDE TO SERVE A TWO-YEAR TERM ON THE PUBLIC WORKS COMMISSION. H. ADOPT RESOLUTION NO. 03-052 ADOPTING THE SIGN REQUEST POLICY FOR SIGNS LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY. I. AUTHORIZE ISSUANCE OF A MASSAGE THERAPIST PERMIT RENEWAL TO CURT ZABEL. Regular Meeting – March 19, 2003 Cottage Grove City Council Page 13 of 20 J. AUTHORIZE ISSUANCE OF A MASSAGE THERAPIST PERMIT RENEWAL TO JEANNIE DUKIC. K. ADOPT RESOLUTION NO. 03-053 APPROVING THE 2003 MINING PERMIT ALLOWING AGGREGATE INDUSTRIES TO CONTINUE THEIR MINING OPERATIONS ON LOWER GREY CLOUD ISLAND. L. ACCEPT THE QUOTE TO PURCHASE ONE 2003 FORD EXPEDITION 4X4, SPECIAL SERVICE VEHICLE FROM SUPERIOR FORD AT A COST OF $25,610 PLUS THE COST OF NEEDED EQUIPMENT NOT TO EXCEED $30,000. M. ACCEPT THE VEHICLE REPLACEMENT SCHEDULE FOR THE FIRE SERVICES SO FUNDING OPTIONS AVAILABLE FOR FIRE APPARATUS CAN BE CONSIDERED AND DISCUSSED. N. ADOPT RESOLUTION NO. 03-054 APPROVING THE INTERIM CONDITIONAL USE PERMIT ALLOWING A TEMPORARY OUTDOOR GREENHOUSE IN THE CUB FOODS PARKING LOT. O. DIRECT STAFF TO PREPARE A LETTER FROM THE CITY ACKNOWLEDGING THE REVIEW OF AND CONCURRENCE WITH THE STUDY FINDINGS OF THE LOWER POOL 2 CHANNEL MANAGEMENT STUDY. P. ADOPT RESOLUTION NO. 03-055 ADOPTING A PERSONNEL POLICY FOR THE CITY OF COTTAGE GROVE, REPEALING RESOLUTION NO. 02-124. Q. APPROVE THE PERMIT FOR MNDOT WHICH INCLUDES A TEMPORARY EASEMENT (MAY 1, 2003-APRIL 30, 2008) OVER THE 5.36 ACRE PARK AND RIDE SITE. THE PERMIT SHALL BE GRANTED UPON RECEIPT OF THE $30,000 PERMIT PAYMENT AND CONTINGENT UPON APPROVAL OF A LEASE AGREEMENT WITH THE METROPOLITAN COUNCIL; AND, APPROVAL OF A LEASE AGREEMENT WITH THE METROPOLITAN COUNCIL FOR A PERIOD OF TEN YEARS, COMMENCING MAY 1, 2008. APPROVAL OF THE LEASE AGREEMENT IS CONTINGENT UPON RECEIPT OF PAYMENT IN THE AMOUNT OF $45,550.62 FROM THE METROPOLITAN COUNCIL, AND UPON APPROVAL OF A PERMIT FOR MNDOT. R. ADOPT RESOLUTION NO. 03-056 APPROVE THE REQUEST TO ENCUMBER 2005 MSA FUNDS. S. ADOPT RESOLUTION NO. 03-057 APPROVING THE FEASIBILITY REPORT, WHICH EXAMINES THE SANITARY SEWER IMPLICATIONS OF TWO PROPOSED LAND USE CHANGES IN THE UPPER REACHES OF THE WEST DRAW. T. ADOPT RESOLUTION NO. 03-058 APPROVING 2003 FEE SCHEDULE INCLUDING CHANGES IDENTIFIED BY STAFF. U. THIS ITEM WAS PULLED FOR SEPARATE MOTION. V. APPROVE THE SUBDIVISION AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND SECURE PROPERTIES, INC. FOR HIDDEN VALLEY 11TH ADDITION; AND, ADOPT RESOLUTION NO. 03-059 ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR ALL PUBLIC IMPROVEMENTS WITHIN THE HIDDEN VALLEY 11TH ADDITION PROJECT. W. APPROVE THE MUTUAL POLICE ASSISTANCE AGREEMENT AND AUTHORIZE EXECUTION OF THE AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE DEPARTMENT OF PUBLIC SAFETY AND DAKOTA COUNTY AND AUTHORIZE Regular Meeting – March 19, 2003 Cottage Grove City Council Page 14 of 20 CHIEF JOHN A. MICKELSON TO EXECUTE SUCH AN AGREEMENT ON BEHALF OF THE COTTAGE GROVE POLICE DEPARTMENT. X. THIS ITEM WAS PULLED FOR SEPARATE MOTION. MOTION CARRIED 5-0. Mayor Shiely called a 5-minute break at 8:41 p.m. Mayor Shiely called the meeting back to order at 8:53 p.m. and advised that the President of the United States will be making an announcement at 9:15 p.m. At that time, a recess will be called so it can be viewed by those in attendance. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES A. Response to Council Regarding Snowmobiles. Public Safety Director Mickelson explained that snowmobile enforcement became more of an issue recently with some complaints of obvious trespassing on the 3M property and property owned by Mr. Smallidge. He explained that Sergeant Tollefson, who is in charge of snowmobile law enforcement efforts, asked Officer Dahlstrom to coordinate with the Sheriff’s Office and DNR to arrange for added enforcement of snowmobile laws. On March 8, 2003, following a new snowfall, Officer Dahlstrom arranged for snowmobile efforts to take place. Her efforts led to 18 criminal contacts with people using snowmobiles in a 4.5 hour period including drunk driving, equipment violation, and driving where they should not be. Public Safety Director Mickelson noted the staff report provided to the Council and number of citations. He stated what bothered him was if you assume that is typical for a day in Cottage Grove, the majority of people were not Cottage Grove residents, had no idea of the trail system, or ordinances regarding snowmobile use, or where to get copies of them. He stated that concerns him, especially along the trunk highway. Mayor Shiely noted the questions and concerns raised by staff. Public Safety Director Mickelson stated his concern if this level of violation is going on and only one or two call frequently about snowmobiles since it damages their crops. He stated that 3M is concerned because of the liability potential of people on their property getting hurt. The orchard owner called about damage from snowmobiles. He questioned why more of the general public is not calling in about tracks across their yards. He asked if they have given up or don’t care. Public Safety Director Mickelson stated his concern is the high number of violations by out-of-town snowmobilers. Public Safety Director Mickelson commented on the difficulty of enforcement since they are on snowmobiles. He stated there is an ethical dilemma about tagging only the snowmobilers who come over to the officer when flagged down. He stated the only way to do enforcement is from a snowmobile and due to budget constraints, that will not be requested. Regular Meeting – March 19, 2003 Cottage Grove City Council Page 15 of 20 Public Safety Director Mickelson noted that with the nice weather the problem will change from snowmobilers to four-wheelers. He noted the State prohibits the City from restricting traffic in the highway ditch area. He stated this issue has been referred to the Public Safety, Health, and Welfare Commission. Brian Hagen, 8026 Hyde Avenue, President of the snowmobile association, stated there are 61 members in the snowmobile club and they try very hard to inform them of the local laws as well as the snowmobilers seen on the trails. He stated that a volunteer snowmobile patrol is available and two were on trails where snowmobiling is allowed; however, the snowmobile patrol cannot follow snowmobiles that are going through boulevards or restricted area. He stated that once a year they put on a young adult safety class and as a volunteer through the police reserve, he spends an hour on City code and state statutes. He stated that when they leave the class, you hope they abide by those rules. He stated that March 8th, the day of the enforcement activities, was not a typical day for snowmobiling and those who were snowmobiling are the ones who do not care. He stated that the enforcement stops were probably made within the City limits. On trail maintenance, Mr. Hagen stated this club goes above and beyond marking the trails so they are safe for everyone. They also rope off a section of field across from the golf course because there was a problem in that area the year before. He stated the snowmobilers who do not care about the laws will keep on doing that. However, it is not fair to categorize all snowmobilers into the same “lump.” He stated he will provide the Council and Chief Mickelson with information on the snow patrol and actions they took. Mayor Shiely stated the Public Safety, Health, and Welfare Commission will address this and asked Mr. Hagen to provide that information to them as well. Mr. Hagen noted that Cottage Grove is both urban and rural and there are areas that can be enjoyed by snowmobilers. He stated that the only way to make an impact to snowmobilers who violate the ordinance is to hit them in their pocketbook. Council Member Kohls asked Mr. Hagen to attend the Public Safety, Health, and Welfare Commission meeting and provide ideas and recommendations on how this can be controlled. Dan Borash, 9131-92nd Street South, stated he would like to attend the Commission meeting as well. He stated he has been a resident for 35 years, grew up snowmobiling, and delivered papers for years to buy his first sled. He stated that he respects the right to snowmobile and has many memorable memories of snowmobiling. He thanked all landowners who have allowed them to snowmobile on their property. He stated this sport appeals to many from children of 13 to adults in their 80s. Mr. Borash stated that laws have changed so a snowmobile safety certificate is now required for young adults and provided through the local snowmobile club. He advised that 90 attended a recent class. He stated this is a volunteer group and they put up signage, operate the patrol, and work with the Police Department. He stated there are many volunteers and they want to be part of the solution so they can continue to snowmobile for many years to come. He asked for the Regular Meeting – March 19, 2003 Cottage Grove City Council Page 16 of 20 Council’s support and to not take away this enjoyment because of some who abuse the rules. MOTION BY WOLCOTT, SECONDED BY GROSSKLAUS, TO SUSPEND THE MEETING AT 9:11 P.M. MOTION CARRIED 5-0. The meeting was reconvened at 9:19 p.m. Gene Smallidge thanked the Mayor and Council for forwarding this issue to the Public Safety, Health, and Welfare Commission. He stated he would like to participate in that meeting, as will others He stated his full request is to address the other rubber-wheeled vehicles since their season will start once the snow is gone. However, they have been a problem all winter since there was little snow. Mr. Smallidge stated he has worked with the snowmobile club longer than some have and gave them over 2.5 miles of trail for many years but finally said no more because once he made a trail available, it was not good enough and too many went beyond the marked trail and took over his property. Mr. Smallidge stated that in addition, he could appreciate that many local people may not be the violators but the system does not work if Cottage Grove becomes an open playground for all the greater metro area, which it does as soon as there is a network of trails such as exists today. He reviewed the areas that snowmobiles come from to use Cottage Grove trails. He stated that when he worked with the local club’s patrol he had asked if they were able to apprehend a violator and was told by the patrol they “took care of the problem.” He stated he had asked how and they said they followed the violator right to their back door in the fresh snow. Mr. Smallidge asked who that individual was but they would not tell him. Mr. Smallidge stated that is not enforcement, the police need to know who the trespasser is, and the violator needs to be ticketed. He stated they understand the police are at a disadvantage with enforcement and there is a small chance of catching snowmobilers, four wheelers, or dirt bikes from a squad car if they don’t wish to be caught. He stated that residents have called to voice problems but they have now given up. Mr. Smallidge stated that he looks forward to working with the snowmobile club and Public Safety, Health, and Welfare Commission to further address this issue. Irv Kopren, 9735 Millan Road, stated he is a 40-year resident and member of the snowmobile club, which he started many years ago. He stated there are over 30 land owners in the Washington County Star Trail but he understands Mr. Smallidge is upset with the snowmobilers and continues to call the Police Department if one snowmobile goes off his trail. Mr. Kopren stated there are outlaws out there but he questions the numbers being reported by Mr. Smallidge. He stated he has worked on the patrol and many times found no violators. However, if there are violators, they should be tagged. Mr. Kopren stated that he wants to represent the Star Trail Association and comments made by Mr. Smallidge at a past meeting about the snowmobilers not staying on the trail. He stated that he has worked with grooming the trails for years and for every track off the trail Regular Meeting – March 19, 2003 Cottage Grove City Council Page 17 of 20 there are 100 or more that are on the trail. He stated that he agrees with Mr. Smallidge that there are snowmobilers who are not responsible and he would love to know the answer of how to take care of that. He stated that there has been some damage on the trail with hay, fences, and a wheel on a lawnmower but they have paid for damage done or made the repair. He stated that in one case the track went under a cable, on 3M property. He stated he reported that situation and was told it was taken care of and 3M had nothing but good things to say about snowmobilers. Carrie Hagen, 8026 Hyde Avenue South, stated she has her snowmobile certificate and would like to have that privilege for many years to come but that may not happen if the Council decides to ban snowmobiling. She stated that she would like to be able to snowmobile from her house because she uses it as a way to get out of the house since she does not have her driver’s license. She suggested that those who support banning snowmobiling are also punishing those who follow the rules. Bruce Kuchnicki, 9867 Heath Avenue South, stated that during Open Forum at the last meeting a comment was made that snowmobilers are geared toward alcohol and go to the Point bar. He stated they do come into Cottage Grove to use the trail that goes up to northern Minnesota. He stated he takes offense at that comment because he does not drink but does unload at the point because that is where the snowmobile trail is at, the VFW Red Barn. He stated that it is unfair to make a statement that all snowmobilers drink alcohol. PUBLIC HEARINGS A. Consider Continuing the Public Hearing to the April 2, 2003 City Council Meeting on the Proposed Vacation and Discontinuance of Portions of Right-of-way, Drainage and Utility Easements, and Public Park and Open Space Relating to the Gateway North Redevelopment District. Mayor Shiely opened the public hearing at 9:33 p.m. No one appeared to address this issue. MOTION BY WOLCOTT, SECONDED BY GROSSKLAUS, TO CONTINUE THE PUBLIC HEARING TO THE APRIL 2, 2003 CITY COUNCIL MEETING ON THE PROPOSED VACATION AND DISCONTINUANCE OF PORTIONS OF RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENTS, AND PUBLIC PARK AND OPEN SPACE RELATING TO THE GATEWAY NORTH REDEVELOPMENT DISTRICT. MOTION CARRIED 5-0. BID AWARDS NONE UNFINISHED AND NEW BUSINESS Regular Meeting – March 19, 2003 Cottage Grove City Council Page 18 of 20 A. Consider Authorizing the Transfer of Title of a Portion of Parkland at Oakwood Park to Facilitate Development of Harwood Avenue and Gateway North. City Administrator Schroeder explained that this is the last piece to put into place related to the Gateway Development and Outlot D. He reviewed its location and indicated it is part of the acquisition agreement between Cottage Grove and the Coldwell Burnett property. He stated the proposed resolution would formally allow for the marketing of the property north of Hardwood Court that has been rezoned and platted. He noted the Council has awarded the construction contract to grade the property, install roads, and infrastructure. An ordinance guides the Council on a process for disposition of park land and notice must be provided. The Council needs to take formal action in order to offer for sale property that is park land. City Administrator Schroeder reviewed that this was part of the parent parcel that was open park and is now Lot 2, Block 3, of the Gateway North First Addition. Staff requests Council authorization for this action that allows for the transfer of title and marketing of the other portion. The proposed resolution does not authorize the sale. MOTION BY WOLCOTT, SECONDED BY RICE, ADOPT RESOLUTION NO. 03-060 AUTHORIZING THE TRANSFER OF TITLE FOR A PORTION OF OAKWOOD PARK. MOTION CARRIED 5-0. B. Consider Directing Staff to send a Letter to Washington County Supporting the th Reconstruction of a Portion of 70 Street in Conjunction with the Highway 61 Project, Noting the City will Support Right-of-Way Acquisition with a Cap on Total Costs to the City. City Administrator Schroeder explained that MnDOT, in cooperation with Washington County, are conducting improvements to the St. Paul Park interchange of the 70th Street bridge. As part of the project they will be making improvements on 70th Street. City Administrator Schroeder explained that when staff became aware there would not be an enhancement of the Cottage Grove section, staff suggested to Washington County that they and MnDOT look at improving the situation instead of putting into place a construction project that would continue the current situation. They revisited that and came back with a plan that allowed for a four-lane section through the entire area from the bridge well into Cottage Grove He advised that MnDOT and Washington County are now ready to move forward on that project. As part of the cost sharing, typically the City would pay for a portion of the right-of-way required and some of the construction costs. Cottage Grove believes that is fair in many situations but with this project, staff believes that the change in the alignment and the project as it is now being proposed by Washington County is an enhancement in many respects. As a result, staff believes there are reasons why the typical cost sharing formula should be waived at least in part. Staff is not suggesting not to participate on the right-of-way portion but is suggesting Cottage Grove should not bear any cost related to construction and flexibility should be allowed in sharing of the right-of-way acquisition costs. Staff proposed to them that those right-of-way costs be capped at $220,000. Regular Meeting – March 19, 2003 Cottage Grove City Council Page 19 of 20 City Administrator Schroeder recommended the Council pursue a cap on out-of-pocket expenses. He stated this would be an MSA project expense and was a project considered in an earlier action when the Council authorized borrowing ahead on the MSA project funds for 2005. Council Member Kohls asked how much this leaves in the MSA fund. City Administrator Schroeder reviewed the use of MSA funds and anticipated future projects. Council Member Rice asked about the parameters of the project. City Administrator Schroeder stated there will be a slight elevation change. Community Development Director Lindquist stated the project will flatten the curve and there will be some vertical change. Council Member Wolcott asked how far it goes to the east. City Administrator Schroeder stated it will match up with the existing four-lane section. Community Development Director Lindquist noted the graphic contained in the staff information which details the parameters of the project. In response to Council Member Wolcott, Community Development Director Lindquist stated staff addressed that with the County and they thought minor modifications could be done for about $300,000. However, after general layouts were completed it became a $2 million project so it could not be done. Community Development Director Lindquist advised that the City sent the County a letter asking them to slate 70th Street in the County’s CAP because it needs some action. She stated the preliminary estimate is $220,000 but the County has indicated that is a rough estimate since appraisals have not yet been done. She noted there would be the total taking of one parcel valued at about $200,000 plus right-of-way acquisition of the other parcel estimated at $20,000. Council Member Wolcott asked what the cost participation is using the County’s cost participation formula. Community Development Director Lindquist stated the City pays for up to 55% of the construction costs. Council Member Wolcott stated he thought it was 20% of the construction cost. Community Development Director Lindquist stated it has been agreed that the City will not participate in the construction costs and the City is asking for additional consideration on the right-of-way acquisition costs. Council Member Wolcott asked what the cost cap would be. City Administrator Schroeder stated the City is asking for a cap of $220,000. He stated staff believes their suggestions to the County has resulted in a more efficient project and the letter would set the reasonable cap at $220,000. Council Member Wolcott asked about the anticipated construction date. City Administrator Schroeder stated it would be part of the highway interchange project in 2004 or 2005. Council Member Wolcott asked if there is benefit for the City to own that land. Community Development Director Lindquist stated they talked with the County about doing a partial Regular Meeting – March 19, 2003 Cottage Grove City Council Page 20 of 20 taking but the house would be too close to the road and a driveway should not be on that road. She stated there is potential to sell it to the adjoining property owner. Council Member Wolcott asked how much property is involved. Community Development Director Lindquist used an aerial map to point out the subject property and area involved. DIRECT STAFF TO SEND A LETTER MOTION BY RICE, SECONDED BY MAYOR SHIELY, TO TO WASHINGTON COUNTY SUPPORTING THE RECONSTRUCTION OF A PORTION OF TH 70 STREET IN CONJUNCTION WITH THE HIGHWAY 61 PROJECT, NOTING THE CITY WILL SUPPORT RIGHT-OF-WAY ACQUISITION WITH A CAP ON TOTAL COSTS TO THE CITY AND INDICATING THE CITY WILL NOT PARTICIPATE IN THE CONSTRUCTION COSTS, ONLY THE EASEMENT ACQUISITION. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS NONE COUNCIL COMMENTS AND REQUESTS NONE PAY BILLS MOTION BY KOHLS, SECONDED BY WOLCOTT, TO APPROVE PAYMENT OF CHECK NUMBERS 128278 TO 128462 TOTALING $689,344.21 (CHECKS 128278-128307 IN THE AMOUNT OF $72,552.06 ISSUED PRIOR TO COUNCIL APPROVAL.) MOTION CARRIED 5-0. WORKSHOP SESSION – OPEN NONE WORKSHOP SESSION – CLOSED NONE ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY GROSSKLAUS, TO ADJOURN THE MEETING AT 9:56 P.M. MOTION CARRIED 5-0. Respectfully submitted, Carla Wirth TimeSaver Off Site Secretarial, Inc.