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HomeMy WebLinkAbout2011-06-15 MINUTES COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting June 15, 2011 OPEN FORUM 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 not on the agenda. Persons must limit remarks to two (2) minutes. The following were present: Mayor Myron Bailey, Council Member Dave Thiede, Council Member Jen Peterson, and Council Member Derrick Lehrke. The following were absent: Council Member Justin Olsen. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director, John Burbank, Senior Planner, Corrine Heine, City Attorney-Kennedy & Graven; Craig Woolery, Public Safety Director; Jennifer Levitt, City Engineer; and Les Burshten, Public Works Director. Mayor Bailey opened Open Forum at 7:15 p.m., and asked if anyone in the audience wished to address the City Council on any topic not on the agenda. Daniel Zwakman, 8354 Hemingway Avenue South, Cottage Grove, addressed the City Council regarding a cost estimate he received to construct a two-floor building, 26,000 square feet, for less than $1 million and suggested that the City consider this type of construction option for the new Public Safety/City Hall facility. Mayor Bailey closed Open Forum to the Regular Meeting. CALL TO ORDER – Regular Meeting The City Council of the City of Cottage Grove, Washington County, Minnesota, held a th regular meeting on June 15, 2011 at the Cottage Grove City Hall, 7516 80 Street South. Mayor Bailey called the meeting to order at 7:30 p.m. PLEDGE OF ALLEGIANCE The audience, staff, and the Mayor and City Council Members pledged allegiance to the flag of the United States of America. ROLL CALL Cottage Grove City Council 2 June 15, 2011 Regular Meeting The following were present: Mayor Myron Bailey, Council Member Derrick Lehrke, Council Member Jen Peterson, and Council Member Dave Thiede. The following were absent: Council Member Justin Olsen. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director, John Burbank, Senior Planner, Corrine Heine, City Attorney-Kennedy & Graven; Craig Woolery, Public Safety Director; Jennifer Levitt, City Engineer; and Les Burshten, Public Works Director. Mayor Bailey presided over the meeting. 1. ADOPTION OF AGENDA MOTION BY COUNCIL MEMBER COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 4-0. 2. PRESENTATIONS – None. 3. APPROVAL OF MINUTES A.April 20, 2011 Regular Meeting There being no amendments to the minutes, Mayor Bailey declared the minutes approved as presented. 4. CONSENT CALENDAR The City Council pulled and briefly discussed items B, L, D and J. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO: A.ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: i.NONE. B. ADOPT RESOLUTION NO. 2011-076, A RESOLUTION TO ACCEPT A $2,500.00 DONATION FROM 3M COTTAGE GROVE FOR THE COTTAGE GROVE AREA STRAWBERRY FEST INC. C. APPROVE THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND WAG FARMS DOG PARK ASSOCIATION FOR THE DOG PARK COMMENCING JUNE 15, 2011 AND CONTINUE UNTIL EITHER PARTY TERMINATES THE AGREEMENT. Cottage Grove City Council 3 June 15, 2011 Regular Meeting D. AUTHORIZE STAFF TO ENTER INTO A LEASE AGREEMENT WITH BONNGARD’S FAMILY MEATS, INC., FOR THE KINGSTON PARK CONCESSION AREA FOR THE PURPOSE OF SELLING CONCESSIONS AND MANAGING THE FACILITY DURING SOCCER EVENTS FOR A TRIAL/LIMITED PERIOD. E. TO NOT WAIVE THE STATUTORY TORT LIMITS WHERE AN INDIVIDUAL CLAIMANT WOULD BE ABLE TO RECOVER NO MORE THAN $500,000 ON ANY CLAIM TO WHICH THE STATUTORY LIMITS WOULD APPLY. THE TOTAL TO WHICH ALL CLAIMANTS WOULD BE ABLE TO RECOVER FOR A SINGLE OCCURRENCE TO WHICH THE STATUTORY TORT LIMITS APPLY WOULD BE LIMITED TO $1.5 MILLION. F. ADOPT RESOLUTION NO. 2011-077, A RESOLUTION IMPLEMENTING THE 10 PERFORMANCE MEASUREMENTS FOR USE BY THE CITY OF COTTAGE GROVE IN 2011. G. APPROVE THE APPOINTMENT OF DEPUTY DIRECTOR GREG RINZEL TO REGULAR STATUS EFFECTIVE FRIDAY, JUNE 17, 2011. H. ADOPT RESOLUTION NO. 2011-078, A RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A NUISANCE AT 7760 JANERO COURT SOUTH, COTTAGE GROVE. I. ADOPT RESOLUTION NO. 2011-079, A RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A NUISANCE AT 7224 JENNER ALCOVE SOUTH, COTTAGE GROVE. J. RENEW THE PACKAGE POLICY AND VOLUNTEER ACCIDENT PLAN COVERAGE THROUGH THE LEAGUE OF MINNESOTA CITIES FOR THE POLICY PERIOD 2011-2012. K. RENEW THE WORKERS COMPENSATION POLICY FOR THE POLICY PERIOD 2011-2012. L. ADOPT RESOLUTION NO. 2011-080, A RESOLUTION RECOGNIZING PROVISIONS OF THE MINNESOTA HUMAN RIGHTS ACT AND MAINTAINING A WELCOMING AND INCLUSIVE ENVIRONMENT FOR ALL MEMBERS OF OUR COMMUNITY. MOTIONCARRIED.4-0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES – None. Cottage Grove City Council 4 June 15, 2011 Regular Meeting 6. PUBLIC HEARINGS – None. 7. BID AWARDS A. Consider Awarding Contract for the Thompson Grove Estate Storm Sewer Rehabilitation Project. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER LEHRKE, TO ADOPT RESOLUTION NOL. 2011-081, A RESOLUTION AWARDING BID FOR THE THOMPSON GROVE ESTATE STORM SEWER REHABILITATION PROJECT TO ENGINEERING AND CONSTRUCTION INNOVATIONS TOTALING $321,195.00. MOTION CARRIED. 4-0. 8. UNFINISHED AND NEW BUSINESS A.Allow the Representatives of Cherokee Liquors, Inc./DBA G-Will Liquors and MOPECA of Cottage Grove Inc.,/DBA Las Margaritas Bar and Grill to admit to or deny the allegations that their establishments sold liquor to a minor less than 21 years of age during a Public Safety Department’s Compliance Check on May 31, 2011. City Clerk Stransky stated that on May 31, the Cottage Grove Police Department completed alcohol compliance checks at 18 licensed establishments in the City and noted that two (2) the businesses failed the compliance check and G-Will Liquors and Las Margaritas sold alcohol to a minor. She stated that Staff recommends that the City Council impose a $1,000 fine against G-Will Liquors for their second violation in a 24-month period and to fine Las Margaritas $500 for their first violation in a 24-month period. Both businesses received letters inviting them to attend this meeting to admit or deny that they sold liquor to a minor. Mayor Bailey congratulated the 15 licensed businesses who passed the compliance check. Dan Fields of G-Will Liquors admitted to the allegation and stated that they did fail the compliance check and sold liquor to an underage individual. No one representing Las Margaritas were present. Council Member Thiede asked if the penalties for the violations were standard. City Clerk Stransky outlined the fines noting that a first violation is $500; the second is $1,000; the third is $1,500; the fourth is $2,000 plus a one-day Cottage Grove City Council 5 June 15, 2011 Regular Meeting suspension; a fifth is $2,000 plus a five-day suspension; and a sixth violation would result in the license revocation. The City Council discussed conducting a survey of the 36-cities we compare ourselves to find out how many alcohol compliance checks each Police Department conducts each year and their fines. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO IMPOSE THE SCHEDULED $1,000 FINE AGAINST CHEROKEE LIQUORS, INC., DBA G-WILL LIQUORS’ SECOND VIOLATION IN A 24-MONTH PERIOD, AND IMPOSE THE SCHEDULED FINE $500 FINE AGAINST MOPECA OF COTTAGE GROVE, INC., DBA LAS MARGARITAS BAR & GRILL’S FIRST VIOLATION IN A 24-MONTH PERIOD, AND TO DIRECT STAFF TO CONDUCT A SURVEY OF OTHER COMMUNITIES ON THE NUMBER OF COMPLIANCE CHECKS EACH CONDUCT EACH YEAR AND THEIR FINES. MOTION CARRIED. 5-0. B. Consider Authorizing Mitigation of Ravine Park Land Utilization by Adding Land to the Park and Authorize the Mayor and City Administrator to Enter into the Necessary Agreements Pending City Attorney Review and Approval. City Administrator Schroeder reviewed his recommendation that the City Council adopt the proposed agreement for distribution of land use from the Austin purchase for the Washington County South Service Center and Cottage Grove Government Campus and Parkway. He recommended that the City Council adopt a motion authorizing the Mayor and City Administrator to enter into an agreement with Washington County to affect the land exchange. MOTION BY MAYOR BAILEY, SECONDED BY COUNCIL MEMBER THIEDE, TO AUTHORIZE MITIGATION OF THE RAVINE PARK LAND UTILIZATION BY ADDING LAND TO THE PARK AND TO AUTHORIZE THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE THE NECESSARY AGREEMENTS PENDING CITY ATTORNEY REVIEW AND APPROVAL. UPON VOTE BEING TAKEN, MOTION CARRIED. 3-1. COUNCIL MEMBER LEHRKE VOTED NAY. B.Consider Veteran Committee’s Recommendations Senior Planner Burbank outlined the Veteran’s Memorial Committee’s recommendations on the veteran’s memorial and addressing who would be memorialized, where the memorial would be located, what the memorial consists of, et. Al. Cottage Grove City Council 6 June 15, 2011 Regular Meeting Senior Planner Burbank noted that the POW/MIA and the following five (5) U.S. military branches would be recognized, i.e., U.S. Air Force, U.S. Army, U.S. Coast Guard, U.S. Marines and U.S. Navy. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO ACCEPT THE VETERAN COMMITTEE’S RECOMMENDATIONS AND DIRECT STAFF TO COMPLETE THE NECESSARY STEPS TO CONTINUE PLANS AND SPECIFICATIONS THAT INCORPORATE THE PLANNED VETERAN’S MEMORIAL INTO THE FINAL CONSTRUCTION PLANS AND BID PACKETS FOR THE COTTAGE GROVE PUBLIC SAFETY/CITY HALL PROJECT. MOTION CARRIED. 4-0. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER LEHRKE, TO DIRECT STAFF TO REQUEST THE VETERAN’S MEMORIAL COMMITTEE TO CONTINUE TO MEET UNTIL NOVEMBER 2012, WITH THE MISSION OF ASSIST IN FORMULATING THEIR RECOMMENDATIONS TO THE COUNCIL ON THE FINAL MEMORIAL DESIGN AND PRIVATE MEMORIAL FUNDING CAMPAIGN. MOTION CARRIED. 4-0. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS – None. 10. COUNCIL COMMENTS AND REQUESTS Mayor Bailey stated that this is Strawberry Festival Week and he highlighted the numerous events taking place throughout the week and week-end. Mayor Bailey announced that there will be a Special Meeting of the City Council on Friday, June 24, 2011 at 6:00 p.m., to authorize receipt of proposals for the Public Safety/City Hall facility. Council Member Peterson stated the Strawberry Fest carnival tickets are on sale at City Hall at $20.00 for 10 tickets, a savings of $10.00. She noted that T-shirts and raffle buttons are also on sale at City Hall. Council Member Peterson noted that the next Beyond the Yellow Ribbon meeting is June 21 and that they have launched a new website today called www. cottagegroveyellowribbon.org. She also noted that the Youth Service Bureau’s annual Garden Tour is June 26 and tickets are available at the City Hall. Lastly, she asked staff to draft a letter supporting the County’s Transit Improvement Board (CTIB) for discussion at another meeting. Cottage Grove City Council 7 June 15, 2011 Regular Meeting Council Member Thiede stated that the Strawberry Fest Business Expo is on Saturday from 10:00 AM until 4:00 PM and the invited the public to attend. Council Member Lehrke stated that the WAG Farms Dog Park Organization is beginning to install fencing and they would be attending the Strawberry Fest. He stated that he was at the Grey Cloud Island Township meeting and he told them that Public Works would work with them on installing some “no wake zone” on the bridge. 11. PAY BILLS MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE PAYMENT OF CHECK NUMBERS 172288 THROUGH 172472 TOTALING $963,640.79. CHECK NUMBERS 172288 THROUGH 172324 TOTALING $171,257.73 WERE ISSUED PRIOR TO COUNCIL APPROVAL. MOTION CARRIED. 4-0. 12. WORKSHOP SESSION – OPEN TO PUBLIC A. Sunbelt Auto’s Request to Lease a Portion of the Accessory Building for Major and Minor Auto Repair Senior Planner McCool stated that Judd Beattie of Sunbelt Auto Sales, located at 7510/7528 East Point Douglas Road, was proposing to lease a portion of his accessory building to a tenant who would like to perform minor and major automotive repair work. He stated that Mr. Beattie would continue to display used vehicles on both properties and perform minor repairs to Sunbelt Auto sales vehicles in the same building he is proposing to lease. Senior Planner McCool noted that Mr. Beattie has been informed that major automotive repair is not an allowed use in the Retail Business B-2 and the conditional use permit originally granted to Mr. Beattie in 1992 and subsequently amended by the City in 1994 and 1998 never allowed automotive repair. For those reasons, major automotive repair is not allowed at this location. He stated that Mr. Beattie is contesting this opinion on the basis that he has performed major repairs at this location since 1992. Senior Planner McCool provided background information on the various actions approved by the City Council for the property. Council Member Thiede asked if the Transmission Shop across the street was located in B-2 Zoning District. Senior Planner McCool responded that that property is zoned B-2 and is a legal non-conforming use meaning the use major repair had already existed and they were basically grandfathered in. Thiede then asked about the Muffler Doctor and McCool stated that their Cottage Grove City Council 8 June 15, 2011 Regular Meeting property is zoned B-3 where major repair is allowed. McCool also confirmed that Mr. Beattie’s property was never zoned for major repairs. Mr. Beattie, in the audience, stated he disagreed. Senior Planner McCool stated that even though the property used to be a gas station, it was never zoned B-3 before, if it was Mr. Beattie would have never had to apply for a text amendment in a B-2 zone. Senior Planner McCool commented that in 1992 when we amended the text of the City Zoning Ordinances, B-2 did not allow for major repair. Mayor Bailey commented that he found that interesting because the property used to be a gas station with a repair facility. Senior Planner McCool clarified for Mayor Bailey that Sunbelt Auto and the Village Transmission Shop are both legal non-conforming uses. Village Transmission is a legal non-conforming use as a major repair and Mr. Beattie’s property is legal non-conforming in a B-2 zone. Senior Planner McCool stated that Mr. Beattie’s option would be to change the City ordinances to allow major repair in a B-2 zones or require Mr. Beattie to apply for a rezoning of the property to B-3, which would allow major repair. Economic Development Director Parr noted that the reason staff brought up this concern is two-fold: One, we have a lot of B-2 zoning in our Gateway areas so they would be very visible in the transportation corridors in and out of our City. Mr. Beattie has a well-kept establishment, but he does not own the businesses next door or down the street or in another part of the B-2 District that ends up being in one of our Gateway areas. In addition, a lot of our B-2 areas are adjacent to single-family residential low density and so we have mitigating issues we want to be conscience of going forward. City Attorney Heine stated that if the City Council were inclined to consider a text amendment to the B-2 District to allow major auto repair, and if the City Council did allow major repair as a conditional use versus a permitted use, the City Council could place conditions on the conditional use permit, which could include conditions on location, proximity to residential properties, location on a major arterial versus a collector, or other perimeters or other types of issues, and the application would go through the normal planning process. Staff at this point is looking for direction from the City Council in a broad sense, not as a final consensus. It is important regardless what the direction the City Council takes, the property owner would have to go through the planning process and ultimate action by the City Council. Council Member Lehrke stated that the only problem he sees is the proximity to the neighboring residential property. Cottage Grove City Council 9 June 15, 2011 Regular Meeting Mr. Beattie stated that in 1992 when this was discussed, he thought major meant mechanical repairs and painting. He stated that he could not sell a car and then tell them that he could do minor but not major repairs. Economically, it makes no sense, it was not what he previously agreed to, and that was not the discussion. Mayor Bailey asked whether we could bring this through the planning process and make it a legal non-conforming use. By doing that we could place conditions/stipulations that say it could only be during certain hours, etc. Council Member Thiede stated that logically, the fact that we have the transmission shop and they are doing essentially the same thing, suggests that they should be able to continue doing that. The reason this came up is because Mr. Beattie is actually leasing a portion of his garage for major repair work. Mayor Bailey stated that if he is listening right, Mr. Beattie technically is in violation right now since he has admitted that he was already performing major repair work. What Mr. Beattie was saying is that he thought he already had the right to do that. So what would the City Council like Staff to do about because Mr. Beattie is in violation of the zoning ordinance right now? City Administrator Schroeder stated that staff does not have the authority to grant what Mr. Beattie needs in order to operate the way that he wants to operate; therefore he needs the City Council to act on something. Our consternation is that Mr. Beattie is a quality operator. The next guy might operate differently, so we have to look at our ordinances in a worst case scenario and what is the next operator entitled to do and how is he entitled to do it. He stated that what staff was suggesting since we do not have the authority to do anything, is that we need to run this matter through the planning process and it needs to be either rezoned or we need a text amendment to allow him to do something and as the City Attorney mentioned, we need to make sure that there are no unintended consequences of whatever we do. Mayor Bailey stated that what he would like to see and it is a little broader than even his property. He stated that the way our zoning ordinance is written, as he understands it, there are very few places in our business districts where an auto body shop could locate because of the way our zoning is laid out currently. To even have a business show up at our door step, they would in essence have to go to the Industrial Park. Senior Planner McCool clarified that they would have to go to B-3 zones or the Industrial Park. Cottage Grove City Council 10 June 15, 2011 Regular Meeting Council Member Lehrke stated that Option 1 or 2 from the Staff Report were fine with him. Senior Planner McCool stated that the matter would have to go through the Planning Commission for discussion at a public hearing. Council Member Lehrke asked if there was anything else that we can do. It sounds like the first two (2) options have public hearings. He asked if there was another option. The City Council concurred with the City Attorney’s suggestion to give staff the authority to initiate a text amendment and to re-examine the B-2 District. 13. WORKSHOP SESSION – CLOSED TO PUBLIC – None. ADJOURNMENT MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO ADJOURN THE REGULAR MEETING AT 9:30 P.M. MOTION CARRIED. 4-0. Prepared by, Caron M. Stransky City Clerk