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HomeMy WebLinkAbout2003-01-15 MINUTES REGULAR MEETING COTTAGE GROVE CITY COUNCIL January 15, 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 Pat Rice Council Member Cheryl Kohls 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, Director Public Safety Nancy Hanzlik, City Engineer Les Burshten, Public Works Director Corrine Thomson, City Attorney Michelle Wolfe, Assistant City Administrator No one stepped forward to speak at Open Forum. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular th meeting on Wednesday, January 15, 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 Pat Rice Council Member Cheryl Kohls Council Member Jim Wolcott Council Member Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Kim Lindquist, Community Development Director Regular Meeting – January 15, 2003 Cottage Grove City Council Page 2 of 16 John Mickelson, Director Public Safety 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 MOTION BY WOLCOTT, SECONDED BY KOHLS, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED 5-0. APPOINTMENTS AND PRESENTATIONS A. APPOINTMENTS NONE B. PRESENTATIONS 1. 2002 Photo Contest Winners. Assistant City Administrator Wolfe provided the Council with an overview of the 2002 Photo Contest. She stated that this was the Second Annual Photo Contest sponsored by the Cottage Grove Company Store. She noted that they had a huge response in all three categories, Landmarks, Nature and People. Council came forward and presented the awards to the winners of each category:  Rebecca Kropelnicki – First Place People Category  Lori Olsen – Second Place People Category  Christ Siewert – First Place Nature Category  Annette Bastolich – Second Place Nature Category  Amy Krussow – First and Second Place Landmarks Category Assistant City Administrator Wolfe stated that the pictures could be viewed on the City of Cottage Grove website put on display at the Cottage Grove City Hall. She stated that the Company Store would like to thank this year's contestants for their participation and congratulated the winners. 2. Swearing in Ceremony – Fire Marshall P. J. McMahon. Mayor Shiely stated that P. J. McMahon has been appointed to the position of Fire Marshall for the City of Cottage Grove. She asked the Council to come forward for the swearing in ceremony. City Administrator Schroeder stated that P. J. McMahon and his family have been residents of Cottage Grove for 15 years. He reviewed his background with Council stating that he has been a member of the Fire Department for seven years. He administered the oath to Fire Marshall P. J. Regular Meeting – January 15, 2003 Cottage Grove City Council Page 3 of 16 McMahon. Sheryl McMahon presented and pinned her husband, Fire Marshall McMahon with his badge. Public Safety Director Mickelson congratulated Fire Marshall McMahon and welcomed him to the City of Cottage Grove. APPROVAL OF MINUTES A. November 6, 2002 Regular Meeting. Mayor Shiely stated that the minutes stand approved as presented. B. December 18, 2002 Regular Meeting. Council Member Wolcott referenced pages nine and 10, adoption of the resolution for the 2003 budget and tax levy. He stated that the votes are incorrect and both motions should state: ‘MOTION CARRIED. 3-2 (WOLCOTT AND RICE VOTING NAY).’ Mayor Shiely stated that the minutes stand approved as amended. CONSENT CALENDAR Mayor Shiely referenced Item 4D noting that there was an update in the dollar amounts for the second resolution. She stated that the amount has been corrected to reflect 'the sale of $4,065,000 General Obligation Improvement Bonds, Series 2003B. She stated that Item 4I has been changed to include the scheduling of a Public Hearing on the project for February 19, 2003. Council Member Kohls referenced Item 4F stating that she would like a separate vote for this item as she would like to abstain from voting. MOTION BY RICE, SECONDED BY WOLCOTT, TO ADOPT RESOLUTION NO. 03-009 APPROVING THE SITE PLAN REVIEW OF THE 3M WATER MAIN REPAIR PROJECT. MOTION CARRIED 4-0-1. (1 ABSTAIN - KOHLS). City Administrator Schroeder clarified that Council approved the resolution with the knowledge that the South Washington County Watershed has to also approve the resolution. He explained that the Watershed is requesting a swale for a portion of the project adding that both parties have not yet approved of this request. MOTION BYWOLCOTT, SECONDED BY KOHLS, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MEETING MINUTES: B. ADOPT RESOLUTION NO. 03-010 AUTHORIZING PUBLICATION OF ORDINANCE NO. 725 BY TITLE AND SUMMARY. C. AUTHORIZE ISSUANCE OF A SINGLE-OCCASION GAMBLING PERMIT TO THE GREY CLOUD ELEMENTARY SCHOOL P.T.A. TO HOLD A RAFFLE AT 9525 INDIAN BOULEVARD ON APRIL 25, 2003. Regular Meeting – January 15, 2003 Cottage Grove City Council Page 4 of 16 D. ADOPT RESOLUTION NO. 03-011 PROVIDING FOR THE SALE OF $3,640,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003A, AND ADOPT RESOLUTION NO. 03-012 PROVIDING FOR THE SALE OF $4,065,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003B. E. ADOPT RESOLUTION NO. 03-013 APPROVING A CONDITIONAL USE PERMIT TO ALLOW A HORSE BOARDING FACILITY AT 11050 MANNING AVENUE SOUTH. F. REMOVED FROM CONSENT AGENDA FOR SEPARATE VOTE. G. RATIFY THE ECONOMIC DEVELOPMENT AUTHORITY’S AUTHORIZATION OF THE LAND EXCHANGE AGREEMENT WITH U.S. BANK AND THE PURCHASE AGREEMENT WITH VICTORY CHURCH. H. ADOPT RESOLUTION NO. 03-014 AUTHORIZING THE ABATEMENT OF 2003 SPECIAL ASSESSMENT ON PARCEL NO. 07-027-21-43-0056. I. ADOPT RESOLUTION NO. 03-015 APPROVING THE FEASIBILITY REPORT AND NOTIFYING WASHINGTON COUNTY TO PREPARE PLANS AND SPECIFICATIONS FOR THE HINTON/TOWER PROJECT. J. ADOPT RESOLUTION NO. 03-016 APPROVING THE SIMPLE LOT DIVISION OF A 39.14-ACRE PARCEL OF LAND GENERALLY LOCATED ON THE NORTH SIDE OF TH 70 STREET BETWEEN JAMAICA AVENUE SOUTH AND KEATS AVENUE SOUTH INTO TWO SEPARATE TAXING PARCELS OF 14.00 ACRES AND 25.14 ACRES. K. AUTHORIZE THE ISSUANCE OF A TOBACCO LICENSE TO ROY’S SMOKE SHOP, INC., DBA COTTAGE GROVE TOBACCO, FOR THE SALE OF TOBACCO PRODUCTS AT 8461 EAST POINT DOUGLAS ROAD. L. ADOPT RESOLUTION NO. 03-017 APPROVING THE REQUEST BY THE WASHINGTON COUNTY TRANSPORTATION AND PHYSICAL DEVELOPMENT DEPARTMENT TO MITIGATE .31 ACRES OF WETLANDS IMPACTED BY THE PLANNED HINTON/TOWER PUBLIC ROADWAY IMPROVEMENT PROJECT, THROUGH THE USE OF THE BOARD OF WATER AND SOIL RESOURCES WETLAND BANKING PROGRAM. MOTION CARRIED 5-0. Mayor Shiely stated that if anyone is present for issues on the Consent Calendar all have been passed. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES NONE PUBLIC HEARINGS NONE BID AWARDS NONE Regular Meeting – January 15, 2003 Cottage Grove City Council Page 5 of 16 UNFINISHED AND NEW BUSINESS A. Consider Adopting the Park Naming/Renaming Policy as Approved by the Parks, Recreation and Natural Resources Commission. Zac Docktor stated that Staff worked for several months developing a Park Naming and Renaming Policy and provided the Council with an overview of the submitted document. He stated that he presented the proposed policy to the Parks, Recreation, and Natural Resources Commission for their review and provided the Council with an overview of their suggestions. He stated that the policy is shorter and more straightforward noting that it keys in on the major points of concern that are important to the process. He further stated that the Staff and the Parks, Recreation and Natural Resources Commission recommend the adoption of the policy for Naming and Renaming of Parks, Park Facilities and Open Space. Council Member Kohls noted that the City of Cottage Grove is one of the first City's to develop a formal naming/renaming policy. Mr. Docktor explained that they surveyed several communities and reviewed several policies noting that he found three cities with a formal policy in place. He agreed that the City of Cottage Grove is leading the pack on this issue. Council Member Kohls stated that they did a great job and thanked him and staff for their work on the policy. MOTION BY KOHLS, SECONDED BY GROSSKLAUS, TO ADOPT THE PARK NAMING/RENAMING POLICY AS PRESENTED. MOTION CARRIED 5-0. B. Consider Approving a Site Plan with an Exemption from the Ordinance to permit Construction of a 16,864 square foot Metal Building in the I-3 Zoning District at the 3M Cottage Grove Center. Community Development Director Lindquist provided the Council with background on the application for site plan approval and an exemption from the ordinance to permit construction of a 16,864-square foot metal building in the I-3 zoning district and the Mississippi River Corridor Critical overly district. Lindquist referenced an exception to the ordinance that states metal may be acceptable for use and reviewed the conditions of acceptability with the Council. She stated that they addressed the colors on the building in order to provide some relief and minimize the height of the building. She stated that in recognition of the site plan review and the City criteria, 3M has proposed additional landscaping in the more public areas along Miller Road and the entrance area. She stated that they are working with 3M to continue upgrading more of the public areas rather than upgrading areas that are very interior to use. She stated that Staff is recommending approval with conditions. Mayor Shiely referenced the Planning Commission's concern regarding visibility from the golf course and asked if this was still an issue. Community Development Director Lindquist clarified stating that it is not an issue. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 03-018 APPROVING SITE PLAN REVIEW FOR THE MISSISSIPPI RIVER CRITICAL AREA WITH EXCEPTION TO TITLE 9-1-1, EXTERIOR FACING MATERIAL, TO ALLOW CONSTRUCTION Regular Meeting – January 15, 2003 Cottage Grove City Council Page 6 of 16 OF 16,864 SQUARE FOOT METAL PANEL BUILDING AT 3M COTTAGE GROVE. MOTION CARRIED 4-1 (KOHLS ABSTAINED). C. Consider Approving a Roadway Connection between the Hidden Oaks and Timber Ridge rd 3 Neighborhoods. Mr. Bob Newby, 7124 Granada, presented a brief history of the proposed roadway connection in the Hidden Oaks and Timber Ridge neighborhoods. He provided a map of the area and reviewed the location of the site. He noted that the connection to the neighborhoods has roots as far back as 1984 and reviewed the development in the area with Council. He stated that the Developer, Mike Rygh, worked with the City of Cottage Grove to develop Hidden Oaks noting that the original cul-de-sac ending at Granada has been extended twice. He stated that the residents began accepting the development adding that the extensions have raised new concerns with the residents in the area. He stated that in 1996 when Mr. Rygh came to Council for approval of Hidden Oaks, a letter was written to City Council identifying the stub stating that it could be built to road standards and disguised as a trail. He noted that Council adopted Mr. Rygh's letter August 6, 1996. He stated that this could provide the emergency access they want to the neighborhoods. Mr. Newby referenced the increase in traffic along Granada. He reviewed a recent study on neighborhoods with lower numbers of entrances stating that it shows a lower crime rate in areas with fewer entrances. He emphasized that it was previously stated that the City proactively works to provide evidence of forewarning to residents. In this case the residents feel that there was no forewarning of the development or extension of Granada. Newby noted that the Planning Commission, in 2002, did not forward a recommendation to Council to move forward. It was suggested that an emergency path/trail should be reviewed as a possible alternative. He explained that the area is ill suited to handle the increase in traffic and reviewed concerns regarding unsafe speeds and pedestrian safety in the wooded areas. He stated that residents of the neighborhood have expressed extreme concerns with respect to four homes in the area that have children with special needs stating that any increase in traffic could jeopardize their safety and ability to enjoy the area. Mr. Newby urged the Council to considered making the connection an emergency access only path, not to be used for non-authorized traffic of any kind. He acknowledged the stated requirement for a 24-foot wide paved surface and suggested a 12-foot wide path instead. He reviewed the suggested construction of the path with Council stating that the path should be identified in such a way that there is no confusion that it is not a narrow continuation of Granada. He suggested a delineation or barrier with a non-traditional driving surface and marks each path with pedestrian markings that would include signage at each entrance that would state no motorized vehicles allowed. He stated that the path should not be named in any way and the landscaping for the path’s right-of-way should be natural versus manicured. He suggested placing a fire hydrant on the westerly end of the connection to serve the Granada and Hidden th Oaks neighborhoods with a dead end sign near 70. He stated that the path should not be constructed until after the Pulte development is complete. Mr. Newby stated that he found information on the reinforced turf product and provided the information to Council for their review. He explained that it is a special turf called advanced turf Regular Meeting – January 15, 2003 Cottage Grove City Council Page 7 of 16 and net-pave 50 and reviewed the products with Council. He clarified that they are not promoting this as ‘the’ solution but as a possible solution. Dan Risko, 7131 Granada Avenue South reviewed the reinforced turf products with Council. He explained that this could be a good solution and referenced page five of the brochure stating that this provides a good picture of what they would like for the area. He referenced a client list sheet included in the packet for Council stating that it lists the various clients, as far back as 1987, in the metro area that have used the product. He provided Council with photographs, obtained from Brock White Company, showing various ways the product could be used to develop the connection. Mayor Shiely asked if they had any cost information for the product. Mr. Risko stated that it would cost approximately $2.00 a square foot. He explained that the sub-grade is the same as bituminous and is comparable in cost. He further explained that the cost is based on the quantity ordered noting that there is not much weight to it but the product is bulky. Council Member Kohls clarified that the road in the photograph was 10-feet wide. Mr. Risko confirmed that the road was 10-feet wide. Council Member Kohls clarified that a fire truck or heavy vehicle would be able to pass without problems. Mr. Risko confirmed stating this product has been used in Colorado. He stated that the road is plowed and is holding up quite well. He stated that the Minnesota Veterans Home used the product quite extensively noting that from his experience if it passes the Federal specifications it is a good product. He stated that Federal specifications are quite stringent. Mayor Shiely noted that it appears that the product originates in the U.K. and asked if it is made in Colorado. Mr. Risko confirmed that it is. Mr. Newby provided several examples for possible path designs and clarified to Council that they are offering these examples as suggestions for their consideration. Mayor Shiely thanked Mr. Newby for providing the information to Council and asked for feedback from City Administrator Schroeder. City Administrator Schroeder referenced Mr. Newby's presentation stating that there is an assumption that the prices are comparable. He stated that Staff does not believe that is the case. He acknowledged that the material cost would be $2.00 a square foot stating that this does not include the cost for installation. He explained that installation costs would bring the price to $6.00 a square foot. He stated that Staff would like to further verify the costs for material and installation using their process. He stated that Staff position, throughout all discussions, was to determine the best long-term solution for that portion of community. He stated that it was decided that a full-width connection would be best adding that they have been reviewing other options. He stated that Staff has recently been reviewing a trail way option noting that it is a cost consideration and it would provide some improvements. He referenced recent discussion rd regarding a water main extension from Timber Ridge 3 stating that the cost for a 6-foot water main is $25,000. He stated that they are not comfortable with the costs for a 6-foot extension and suggested considering an 8 or 12-foot extension. He explained that to consider a full width Regular Meeting – January 15, 2003 Cottage Grove City Council Page 8 of 16 roadway and assuming normal storm water, the City would be looking at an approximate $75- $115,000.00 project cost. He stated that a trail way, with an 8-12-foot standard width, would be approximately $30-$35,000.00. He suggested that the Council consider a trail way as an option stating that the difference in cost appears to be fairly significant. He stated that cost is a consideration. He stated that they might request that Mr. Rygg contribute to the costs adding that they may also ask the neighbors to contribute. He acknowledged that they presently do not know the feelings of the neighborhood residents and asked Mr. Newby to clarify. Mr. Newby stated that the residents recognized the cost issues noting that the neighborhood has not had an opportunity to discuss the issues. He noted that a sidewalk system would be constructed in the Timber Ridge development and suggested connecting the trail ways with the sidewalk system. He acknowledged that the trail way system would not meet state requirements of 24-feet noting that anything less than 24-feet would not be designated as an emergency access. He stated that if there was a need for emergency access they would be able to use it adding that most access th would be off from the 70 Street connection. Council Member Kohls agreed with City Administrator Schroeder stating that Staff has wanted a full width road and true connection all along. She clarified her understanding that the costs would be approximately $75-$115,000.00 and that the trail would be at least $30,000.00. City Administrator Schroeder confirmed. Council Member Kohls asked if they would approach the residents for funding if they opt for the trail. City Administrator Schroeder clarified the funding options under consideration. Council Member Kohls asked if Pulte Homes would be contributing. She also asked how much of the dollar amount identified is from the letter of credit from Mr. Rygh and how much from Pulte. City Administrator Schroeder stated that they would be able to accomplish a trail way and a waterline extension and not go beyond the stated contributions. Community Development Director Lindquist addressed Council Member Kohls stating that Pulte would pay for half of the cost for the road. She explained that the issue is the differential between the letter of credit and additional costs. Council Member Kohls clarified that if they had decided it was a road that Pulte would pay a percentage adding that they would also pay a smaller amount if it were a trail. Community Development Director Lindquist explained that Pulte is expected to pay for anything within their plat. Council Member Kohls noted the issues on the third addition and suggested that Pulte consider a higher contribution due to their error with the tree removal. City Administrator Schroeder suggested allowing the developers to resolve that issue between them and reviewed the development agreements with Council. He stated that the solution he is suggesting would reduce costs. Council Member Kohls stated that if they upgrade from a simple trail that the cost of the project would go up and asked if this would be included in the portion that they would pay. City Administrator Schroeder stated that a trail way, with a water solution, is something that they could accomplish without contributions from the neighborhood. Council Member Kohls provided the Council with pictures of the area. She stated that she could not support a full connection because of the differences between the neighborhoods. She Regular Meeting – January 15, 2003 Cottage Grove City Council Page 9 of 16 reviewed the area with Council noting that the residents want peace and quiet in the area. She explained that a full connection would change the personality of the neighborhood. She reviewed the urban development in the area stating that there are two very different types of lifestyles in this area. She stated that a full connection would change the lifestyles of these two neighborhoods considerably. She reviewed photographs of the stub area with Council, referencing the area Pulte removed trees before approval and stated that the area would make a beautiful trail way for both neighborhoods. She acknowledged the concerns regarding the additional $15,000.00 cost for turf noting that the City recently spent $13,000.00 for banners. She stated that adding the trail could be beautiful if designed right. Council Member Grossklaus thanked the neighbors for their hard work on this project. He expressed concerns stating that it would have been easier to make a decision if one end of the road had not been cut out. He stated that if they go with the trail, what guarantee would they give the citizens that they would not make this an emergency access point or full width connection in the future. Mayor Shiely stated that the advantage of having a trail in this area is that it would leave the connection issue open for further discussion in future. She agreed that until the Pulte development is done they would not have a true idea of the traffic in the area. Council Member Grossklaus noted that if they receive funding now for the trail, from both developers, who would be responsible for funding if they decide to widen the trail to a full road in the future. He explained that he could not vote for the connection if there is no guarantee adding that there is no way the curve could be made at 30-mph. He suggested, for public safety, that they do nothing. Council Member Rice stated that he would suggest placing a trail in the area. He stated that they should leave it as a pedestrian trail, 12-feet in width, in the event that they should ever need emergency access to the cul-de-sac. Mayor Shiely acknowledged their concerns stating that as the area has changed, the connection now represents something different than it did originally. She stated that she could not think of another area in Cottage Grove that would provide this type of connection. She explained that early on she felt that no connection between the neighborhoods would be the best option. She further explained that at the last meeting they asked the Planning Department to research and come back to Council with an improved recommendation. She agreed that if it were built as a road, people would use the road. She stated that she is in favor of nothing at all or a simple, pedestrian trail. She stated that storm water issues would be taken care of and keeping it as a pedestrian trail would keep the area open for future review. She agreed that even if it were developed as an emergency access only connection that it would turn into a connection no matter what they do. She explained that her concern is the connection between neighborhoods noting emergency access issues are very valid points to consider. She further stated that these two neighborhoods are very different from each other adding that a trail would satisfy most concerns. She agreed that the trail should be built in such a way that they could plow the area or use the access if necessary. She expressed her agreement with City Administrator Schroeder’s proposal and asked the Council for a motion. Regular Meeting – January 15, 2003 Cottage Grove City Council Page 10 of 16 Council Member Kohls expressed concerns regarding the design of the trail stating that there should be something included compensating for the number of trees removed by Pulte. She suggested including verbiage that would address mitigation for the tree removal. City Administrator Schroeder clarified that it is Staff's goal not to provide a racetrack. He stated that it is their intention to work with Staff and the Developers to develop a design for the area. Council Member Wolcott stated that since they are leaning towards the trail option he did not see a need to rush the installation. He suggested giving Staff enough time to work with Pulte to bring back an acceptable design recommendation for Council to review. Council Member Grossklaus asked that the residents be included in the process. Mayor Shiely agreed stating that this would be the best answer and suggested making the basic decision. Council Member Kohls addressed Mr. Griswold and asked if Pulte Homes would be willing to contribute a bit more in terms of landscaping as a contribution to the trail. She stated that it would be a beautiful amenity to their new neighborhood. Mr. Griswold stated that they would like to do that and include that as a part of their proposal that would be presented to the City Council for consideration. Council Member Wolcott clarified that he would like to review the design of the trail before it is installed. John Patterson, 7156 Granada Avenue South, thanked the residents for their interest in the project and the City Council for considering their neighborhood and their way of life. He stated that he is very impressed with what is happening in Cottage Grove over the past year adding that his neighborhood is one of the few areas in Cottage Grove that provides this type of living. He asked that they not take it away. MOTION BY RICE, SECONDED BY WOLCOTT, TO APPROVE A TRAILWAY CONNECTION RD BETWEEN HIDDEN OAKS AND TIMBER RIDGE 3 ADDITION NEIGHBORHOODS. MOTION CARRIED 4-1 (1 NAY-GROSSKLAUS) Mr. Newby asked that the City keep the neighborhoods involved throughout the process. He stated he would like to take a moment to recognize a member of the City Staff. He stated that it is important to acknowledge all of her hard work on this project. He stated that she is very knowledgeable, articulate and professional. He stated that he would like to recognize and thank Community Development Director Lindquist for all of the hard work she does to benefit the City of Cottage Grove and its' Residents. Mayor Shiely called a 10-minute break at 9:04 p.m. Mayor Shiely called the meeting back to order at 9:14 p.m. D. 1. Consider Approving an Ordinance Rezoning Approximately 3.818 Acres of Land from AG-2, Agriculture, to R-2.5, Residential District. Regular Meeting – January 15, 2003 Cottage Grove City Council Page 11 of 16 Community Development Director Lindquist reviewed the revised submittal of the Timber Ridge th 4 Addition preliminary plat and rezoning applications of Pulte Homes. She stated that the subdivision proposal does comply with the ordinance criteria, touched on the Planning Commission issues, specifically access, and tree preservation. She explained that access involves Timber Ridge Lane noting that some concerns have been expressed with respect to the inclusion of the stub road, due to the designation of properties to the north. She explained that Staff reported that there is a fair amount of topographical relief for the extension. Community Development Director Lindquist stated that there are several trees in the area noting that Staff continues to support the linkage in order to retain the option to develop the parcels in the future. She stated that Staff believes it is a through connection but does not function the same as Hinton, noting the number stops involved before access to the area. She reviewed several examples with the Council. She stated that a small traffic study was done by SRF to provide information on this type of connection and found that it would be approximately 30% longer due to the number of stops. She stated that based on the study they did not believe there would be a significant change in the traffic flow. Community Development Director Lindquist stated that Pulte has provided a general concept to the City as far as potential development of the site noting that they are holding a neighborhood meeting next Tuesday, January 21, 2003, to obtain feedback from the residents. She stated that the Pulte plan does show a through connection on the plan. She stated that the concern is that th 65 has a lot of hills and sight distance is also an issue. She stated that to have the flexibility for future development opportunities for these properties it would be important to have this type of connection. Community Development Director Lindquist stated that there are still issues with respect to tree preservation and the grading plan. She explained that the Planning Commission expressed concerns at both meetings with respect to past practices by the Pulte Company, regarding tree removal. She further explained that there was considerable discussion about tightening up the tree preservation ordinance stating that the Planning Commission will begin their review in February. She stated that the grading plan indicates that the grading in some areas would be affected by the tree preservation plan and that it could be altered to accommodate the grading plan. She stated that she has reviewed the information provided by the City Attorney and has discussed the issues with Pulte and a Tree Preservation expert. She stated that information has been provided for the tree preservation and reviewed the suggestions with Council. She stated that it appears the layout is R2.5 zoning adding that the subdivision does meet the ordinance criteria and recommends approval with several conditions attached to the approval. She referenced Item 12 stating that it addresses the hiring of an on-site arborist and reviewed the requirements with Council. She stated that they would continue to include an on-site arborist in future subdivision requests. Kathy Whiten, Arborist and Consulting Forester introduced herself and reviewed her responsibilities with Council. Council Member Kohls noted an item in the tree preservation ordinance addresses the issue of not going beyond the drip line and asked further clarification of the safety area of the drip line. She asked Ms. Whiten what their plan is to protect the roots of the trees. Ms. Whiten explained Regular Meeting – January 15, 2003 Cottage Grove City Council Page 12 of 16 that it depends on the size, how closely the trees have been planted, the species of tree, and the condition of the tree, with respect to what could be done to protect the roots. She reviewed items that would affect a decision with Council stating that it would need to be reviewed on a case-by- case basis. Council Member Kohls clarified her understanding of Ms. Whiten's role in the project. Ms. Whiten responded stating that her responsibilities have not been fully discussed. Council Member Kohls expressed concerns stating that if things are not monitored several things could happen between changes of each crew working the area. She stated that this is very beautiful ground adding that it is her preference that Ms. Whiten is present any time a decision needs to be made regarding possible tree removal. Ms. Whiten expressed her agreement and reviewed the process with Council. Community Development Director Lindquist explained that they do not know what is going to happen to the north and they feel it is important to provide access to the southern portion. She clarified that the stub would go to the property line and that in the properties to the north it may th not be extended out all way to 65. Council Member Wolcott stated that he does not want to see a cul-de-sac situation and suggested placing a sign in the area. MOTION BY WOLCOTT, SECONDED BY GROSSKLAUS, TO ADOPT ORDINANCE NO. 726 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA AMENDING CITY CODE SECTION 11-1-6, ZONING MAP VIA REZONING CERTAIN PROPERTY FROM AG-2, AGRICULTURE, TO R-2.5, RESIDENTIAL DISTRICT. MOTION CARRIED 5-0. 2. Consider Approving a Preliminary Plat for Development of a Subdivision known as th "Timber Ridge 4 Addition" Consisting of 61 Single-Family, Detached, Residential Homes. Council Member Rice stated that he wants to make sure there is a sign on the stub stating that this would be a future road. He asked that this be included as a condition. Community Development Director Lindquist reviewed the Arborist responsibilities and suggested including a condition requiring the Arborist to be present during the grading of these areas. Council Member Kohls agreed and asked for further clarification on how long the Arborist would be available and what type of timeframe they are considering. Mr. Griswold, Pulte Development, explained that they would be in a one-year development cycle with a two-year build-out in the subdivision. He stated that the time limit would be easy to monitor adding that within that time period they would be able to identify potential problem areas that would require the Arborist. He stated that they could have a final inspection with the City on any plans in the clearing line in order to determine if all looks good and to identify marginal trees. Council Member Kohls clarified that Pulte would be on-site for approximately the next three years. Mr. Griswold confirmed stating that generally a project like this would be in a 2-3 year range stating that this would be when change of ownership would occur. He stated that it was platted with public ownership on major tree stands adding that they did this on purpose to allow public ownership versus extended backyards. He stated it leaves it open for future decisions such as Regular Meeting – January 15, 2003 Cottage Grove City Council Page 13 of 16 tot lots or more trees. He agreed that adding the path system would be a definite plus to the area. Council Member Kohls clarified that Pulte would be willing to accept responsibility and do the necessary mitigation for a tree loss based upon the determinations of the Arborist. She further clarified that this would be done if it is determined that the need for replacement is caused by the developer and that this would be in affect until the land changes ownership. She further stated that this would also include public property. Mr. Griswold confirmed and further clarified the review process with Council. Council Member Wolcott stated that he really like the trails and sidewalk systems adding that it is a very nice proposal. He asked for further clarification on the location of the Gazebo. Mr. Griswold stated that they are considering the east end of the property adding that the final decision would be made after the street installation. Council Member Grossklaus clarified that Timber Ridge Court is going to be built at some point. Community Development Director Lindquist stated that it would have the same thing, looped and built up to the property line with a sign installed. Council Member Grossklaus clarified that there would be only one access to the property. Community Development Director Lindquist confirmed and reviewed the discussions with Council. Council Member Grossklaus referenced Page 3, Item 11 of the ordinance and reviewed the applicant costs. He asked if this was a normal charge. Community Development Director Lindquist explained that the City would pay for this from the Park Dedication Fee. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 03-019 TH APPROVING THE PRELIMINARY PLAT FOR TIMBER RIDGE 4 ADDITION. MOTION CARRIED 5-0. E. Consider Approving the Site Plan Review for an 8,250 square-foot, Single-Story Wells Fargo Bank Building and a Conditional Use Permit to Allow Drive-Through Auto Bank Lanes at 8770 East Point Douglas Road. Community Development Director Lindquist explained that the site plan would be located in the Bruttenhoff and D. R. Horton’s PUD. She stated that the project complies with the ordinance criteria and stacking requirements for a drive-through window. She stated that Engineering has reviewed the site plan adding that it meets the performance standards for the zoning ordinance. She reviewed the minor modifications involving landscaping. She reviewed the measurements of the proposed sign with Council stating that staff does not support use of the pylon. She stated that the original approval for the four lots required a submission of a sign package by the applicant. She stated that staff is recommending a monument sign that would be consistent with the size of the existing sign. She further stated that the sign would be constructed with materials that would be consistent to the building with respect to masonry, color, and size. Regular Meeting – January 15, 2003 Cottage Grove City Council Page 14 of 16 Council Member Wolcott asked if they would prefer a sign similar to Walgreen's. Community Development Director Lindquist stated that they are looking for something smaller and used Twin City Federal as an example. Tim Knutson, HGT Architects, Wells Fargo project, explained that Wells Fargo would prefer a Pylon sign. He explained that this is due to the visuals, referenced examples of larger signs along the same area, and referenced Menards as an example. He asked that the Council consider allowing a pylon sign noting that they would consider other sign options if that is what Council prefers. Council Member Kohls expressed concerns stating that if they allow this type of signage in this area it would set a precedent along Highway 61 that is not what the City wants. She stated that she understands that visibility would be the driving force stating that their decision is an important issue for future businesses in the area. City Administrator Schroeder clarified that it would be a face sign that would be visible from the highway. He stated that nothing would be built on the opposite side of the frontage road adding that there has been much discussion regarding the area and acknowledged Council's desire to replicate the Gateway area look into this area of Highway 61. He clarified that replicating the look of the Gateway is also Staff’s desire noting that if signage occurs it should replicate what is being accomplished in the Gateway area. He clarified that if Menards were to come in today to request a pylon sign that the request would not be approved. He explained that the City believes, even for a monument sign, that Council would want to insert an architectural influence for the sign. Council Member Kohls agreed. Council Member Wolcott clarified that this would probably be the way it is for all businesses. He stated that too many pylon signs along Highway 61 would not look good. Council Member Kohls stated that she wanted her concerns documented. Mayor Shiely referenced the Gateway area adding that she would like to try to replicate similar to the northern area of the City. She stated that she would favor a monument sign and is very opposed to a pylon sign for an individual business. Council Member Kohls agreed stating that she wanted it clarified for future business requests. Mr. Knutson clarified that it is Wells Fargo’s goal to work closely with everyone throughout the process. Community Development Director Lindquist stated that they would be bringing a resolution to Council in February that would set a moratorium on freeway signs and referenced the size of the Applebee’s sign as an example. She stated that they should reconsider the issues. Council Member Kohls clarified that Wells Fargo would have eight drive-through locations. Mr. Knutson confirmed stating that it would also include two drive-through ATMs. Regular Meeting – January 15, 2003 Cottage Grove City Council Page 15 of 16 MOTION BY RICE, SECONDED BY GROSSKLAUS, TO ADOPT RESOLUTION NO. 03-020 APPROVING A CONDITIONAL USE PERMIT AND SITE PLAN APPROVAL OF A WELLS FARGO BANK WITH DRIVE-UP WINDOW. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS NONE COUNCIL COMMENTS AND REQUESTS Council Member Kohls stated that the Public Safety Commission has three Commissioners whose terms are expiring. She stated that one of the open positions was the Chair adding that the Public Safety Commission voted unanimously to keep all three on the Commission. She stated that documentation shows that the Chair has served the maximum number of terms noting that the Public Safety Commission felt that the Chair still had some time left on their term. She suggested investigating the vote and reviewing the dates of the term served. She also suggested a review of the policy noting that she is sure they will receive a request from Public Safety Commission to extend the terms. Director Public Safety Mickelson explained that the Chairperson filled a seat that was vacated in mid-term. He further explained that they were eight months short of the full, allowable time for a term. Council Member Kohls referenced a letter she received explaining the rationale to keep Mr. Leier on the Commission and she reviewed the contents of the letter with the Council. She noted that Mr. Leier has worked very hard to lead them to a better communication and acknowledged that there are items he is actively working on that the Commission would like to see him continue. She stated that something would be coming before Council to make this official. Mayor Shiely stated that they have faced this issue before noting that it is very difficult to find good people who have the time needed to serve on a Commission. Council Member Wolcott stated that he would like to review the policies. He explained that he would like to be refreshed on the requirements noting that they could have this same situation with other Commissioners. He stated that they should remain consistent and suggested reviewing the guidelines. City Administrator Schroeder stated that he did receive a request to add this item to the agenda. He stated that based on the information he was provided, Mark Leier was appointed to fill an unexpired term of 18 months. He was re-appointed to serve two additional terms. He clarified that, per City Code, appointments for a vacancy would be only for the unexpired term of the position. He further clarified the complete terms stating that under the current ordinance Mr. Leier has served the full three terms allowed. Council Member Kohls stated that the term expires February 20, 2003 and asked for a discussion at the next meeting. Regular Meeting – January 15, 2003 Cottage Grove City Council Page 16 of 16 PAY BILLS MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE PAYMENT OF CHECK NUMBERS 127425 TO 127558 TOTALING $195,722.75. (CHECKS 127425-127436 IN THE AMOUNT OF $6,389.58 ISSUED PRIOR TO COUNCIL APPROVAL.) MOTION CARRIED 5-0. WORKSHOP SESSION – OPEN NONE WORKSHOP SESSION – CLOSED NONE ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY RICE, TO ADJOURN THE MEETING AT 10:15 P.M. MOTION CARRIED 5-0. Respectfully submitted, Bonita Sullivan TimeSaver Off Site Secretarial, Inc.