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Home My WebLink About2012-09-05 MINUTESCOTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting September 5, 2012 OPEN FORUM Mayor Myron Bailey opened Open Forum at 7:15 p.m. and stated that during Open Forum a person may address the City Council on subjects not a part of the regular meeting agenda, but must limit their remarks to three (3) minutes per person. The purpose of Open Forum is to give the public an opportunity to provide information or to request action by the City Council. It may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Open Forum will adjourn to the regular meeting promptly at 7:30 p.m. to the regular meeting. The following were present: Mayor Myron Bailey, Council Member Derrick Lehrke, Council Member Justin Olsen, Council Member Jen Peterson, and Council Member Dave Thiede. The following were absent: None. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Corrine Heine, City Attorney- Kennedy & Graven; Jennifer Levitt, City Engineer; Craig Woolery, Public Safety Director; 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. Brian and Rykna Olson, 8153 Jeffery Avenue South, Cottage Grove, addressed the City Council regarding allowing residents to keep chickens in the urban /residential area of the City. Mr. Olson highlighted the benefits of owning chickens and noted that many communities allow residents to keep chickens and asked the City Council to change the existing ordinance prohibiting chickens in the urban areas of the City. Bob Burtman, 9476 Harkness Avenue South, Cottage Grove, presented the City Council with a petition, a copy of which is attached to the original minutes, signed by his neighbors. Mr. Burtman stated that he received a notice from the City that he needed to remove the ducks from his property. He stated that he has a hard time believing his neighbors were opposed to him maintaining his ducks on his property. Mr. Burtman asked the City Council to amend the existing ordinance prohibiting ducks in the urban areas of the City. Stacy Roufs, 8844 Grey Cloud Island Drive, St. Paul Park, asked for information about the Home Depot site. City Administrator Schroeder advised Ms. Roufs that the original agreement had a closing date of August 31 and that the Economic Development Authority gave an extension to mid - October. Mayor Bailey closed Open Forum to the Regular Meeting. CALL TO ORDER — Regular Meeting Cottage Grove City Council September 5, 2012 Regular Meeting The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on September 5, 2012 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 Council Members pledged allegiance to the flag of the United States of America. ROLL CALL The following were present: Mayor Myron Bailey, Council Member Derrick Lehrke, Council Member Justin Olsen, Council Member Jen Peterson, and Council Member Dave Thiede. The following were absent: None. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Corrine Heine, City Attorney- Kennedy & Graven; Jennifer Levitt, City Engineer; Craig Woolery, Public Safety Director; and Les Burshten, Public Works Director. Mayor Bailey presided over the meeting. ADOPTION OF AGENDA MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY THIEDE, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 5 -0. 2. PRESENTATIONS A. Introduction — South Washington County Schools Superintendent Keith Jacobus Keith Jacobus, the new Superintendent for Independent School District #833 noted that they meet with the City Administrator and the Mayor or a Council Member each month and would be happy to continue to do so in the future. B. Retirement Presentation The City Council acknowledged the retirement of Firefighter Jeff Fischbach. Interim Fire Chief Redenius summarized Mr. Fischbach's background and accomplishments noting that Mr. Fischbach has been a member of the Fire Department for 21 years. Fire Marshall P.J. McMahon presented a plaque and Fire Captain Jeff Brown provided Mr. Fischbach with his helmet signed by all of the members of the Fire Department. C. Presentation by Regions EMS — Immediate Trail, a Nation -Wide Study The City Council heard a presentation from Dr. Aaron Burnett, Regions EMS Coordinator, recognizing the City of Cottage Grove for its participation in the IMMEDIATE TRIAL nation -wide study. Cottage Grove City Council September 5, 2012 Regular Meeting 3. APPROVAL OF MINUTES A. July 18, 2012 Regular Meeting Mayor Bailey declared the minutes of the July 18, 2012 Regular Meeting to stand approved as presented. 4. CONSENT CALENDAR The City Council pulled and briefly discussed items F, I, H, and B. Council Member Lehrke asked to have item B removed from the consent calendar for separate action by the City Council. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: i. PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION MEETING FROM JUNE 11, 2012. ii. PUBLIC SAFETY, HEALTH, AND WELFARE COMMISSION MEETING FROM J U LY 26, 2012. iii. PUBLIC WORKS COMMISSION MEETING FROM JULY 9, 2012. B. REMOVED FROM CONSENT CALENDAR. C. AUTHORIZE ISSUANCE OF A TEMPORARY "ON SALE" LIQUOR LICENSE TO THE COTTAGE GROVE LIONS CLUB TO SELL 3.2 BEER AT ZYWIEC'S LANDSCAPE AND GARDEN CENTER, 10900 EAST POINT DOUGLAS ROAD, DURING THE ANNUAL HAUNTED HALLOWEEN EXPERIENCE EACH FRIDAY AND SATURDAY FROM SEPTEMBER 28, 2012 THROUGH OCTOBER 27, 2012. D. ADOPT RESOLUTION NO. 2012 -092 A RESOLUTION AWARDING QUOTE FOR THE LAMAR AVENUE DRAINAGE IMPROVEMENT PROJECT TO HYDROCON, INC., TOTALING $7,455.00. E. ADOPT RESOLUTION NO. 2012 -093 A RESOLUTION AWARDING QUOTE FOR THE LANGLEY STORM SEWER IMPROVEMENTS TO HYDROCON, INC., TOTALING $27,547.00. F. ADOPT RESOLUTION NO. 2012 -094 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF GRANT FUNDING FROM MINNESOTA RESUSCITATION CONSORTIUM (MRC) TOTALING $5,000.00 TO BE USED TOWARD THE PURCHASE OF TWO (2) BUDGETED LUCAS DEVICES IN 2013. G. APPROVE THE LETTER OF AGREEMENT AND AUTHORIZE EXECUTION OF THE AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE EMS AMBULANCE SERVICE AND THE STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY, DIVISION OF HOMELAND SECURITY AND EMERGENCY Cottage Grove City Council September 5, 2012 Regular Meeting �+ MANAGEMENT, FOR THE DEVELOPMENT, MANAGEMENT, PREPAREDNESS, PLANNING, AND SUSTAINMENT OF THE AMBULANCE SERVICE AT THE COTTAGE GROVE RECEPTION CENTER (MINNESOTA NATIONAL GUARD ARMORY, 8180 BELDEN BLVD, COTTAGE GROVE). H. ADOPT RESOLUTION NO. 2012 -095 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT TO BE KNOWN AS FAMOUS DAVES WITH ON -SALE LIQUOR AT 8479 EAST POINT DOUGLAS ROAD, COTTAGE GROVE. AUTHORIZE THE ISSUANCE OF A TEMPORARY "ON SALE" INTOXICATING LIQUOR LICENSE TO THE ST. PAUL PARK/NEWPORT LIONS CLUB IN CONJUNCTION WITH A BENEFIT FOR SAMANTHA CRABTREE TO BE HELD ON SUNDAY, SEPTEMBER 9, 2012, AT THE COTTAGE GROVE VFW. MOTION CARRIED. 5 -0. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE THE AGREEMENT WITH THE SOUTH WASHINGTON WATERSHED DISTRICT FOR THE ED -P5 POND IMPROVEMENTS -80 STREET SOUTH BOX CULVERT PROJECT. MOTION CARRIED. 4 -1 WITH COUNCIL MEMBER LEHRKE VOTING NAY. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES — None. 6. PUBLIC HEARINGS A. Consider the Proposed Modification to the Development Program for Development District No. 1 and the Proposed Modification to the Tax Increment Financing Plan for TIF District 1 -3. Finance Director Roland highlighted the proposed modification to the Development Program for Development District No. 1 and the proposed modification to the Tax Increment Financing Plan for TIF District 1 -3. She noted that this is the second modification to the District. Mayor Bailey opened the public hearing to receive comments and /or objections from the public. There being none, Mayor Bailey closed the public hearing. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2012 -096 A RESOLUTION ADOPTING A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 -3. MOTION CARRIED. 5 -0. Cottage Grove City Council September 5, 2012 Regular Meeting 7. BID AWARDS A. Consider Awarding Bid for the Pond ED -P5 Water Quality Improvements -80 Street Box Culvert Project and Consider Affirming the Purchase of a Box Culvert City Administrator Schroeder reviewed the bids received for the Pond ED -P5 Water Quality -80 Street Box Culvert Project noting that the City received six (6) bids and that the lowest responsible bidder was Eureka Construction, Inc., totaling $1,147,518.70. He also reviewed the bids received for the purchase of a box culvert and stated that the City received three (3) bids and the lowest responsible bidder was County Materials Corporation for $58,374.00. The City Council discussed why the City was proceeding with this improvement project, the City's share of the cost, the size and cost of the culvert, the purpose of the culvert, and how often water would flow through the culvert. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE THE PURCHASE OF A BOX CULVERT FROM COUNTY MATERIALS CORPORATION FOR $58,374.00 PLUS SALES TAX. MOTION CARRIED. 4 -1 WITH COUNCIL MEMBER LEHRKE VOTING NAY. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER OLSEN, TO ADOPT RESOLUTION NO. 2012 -097 A RESOLUTION AWARDING THE BID FOR THE POND ED -P5 WATER QUALITY IMPROVEMENTS -80 STREET BOX CULVERT PROJECT TO EUREKA CONSTRUCTION, INC., FOR $1,147,518.70. MOTION CARRIED. 5 -0. 8. UNFINISHED AND NEW BUSINESS A. Consider Approving the First Amendment to the Development Agreement with Stonehenge Development LLC MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE THE FIRST AMENDMENT TO THE CONTRACT FOR PRIVATE DEVELOPMENT BY AND BETWEEN THE COTTAGE GROVE ECONOMIC DEVELOPMENT AUTHORITY AND STONEHENGE DEVELOPMENT, LLC. MOTION CARRIED. 5 -0. B. Consider Adopting the Proposed Preliminary 2012 Property Tax Levy Collectible in 2013 and Proposed Preliminary 2013 Budget Finance Director Roland reviewed the preliminary 2012 property tax levy and the proposed preliminary budget for 2013. Council Member Thiede noted that the City Council and Staff held an open house on August 22, 2012 and only three (3) people attended. He politely scolded the public for not attending. Cottage Grove City Council G September 5, 2012 Regular Meeting V MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2012 -098 A RESOLUTION ADOPTING THE PROPOSED 2012 TAX LEVY COLLECTIBLE IN 2012. MOTION CARRIED. 5 -0. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO ADOPT RESOLUTION NO. 2012 -099 A RESOLUTION ADOPTING THE PROPOSED 2013 BUDGET FOR THE CITY OF COTTAGE GROVE. MOTION CARRIED. 4 -1 WITH COUNCIL MEMBER LEHRKE VOTING NAY. Mayor Bailey took a break at 9:05 p.m. and reconvened the meeting at 9:12 p.m. C. Consider Approving a Zoning Amendment, Preliminary Plat, Final Plat, and two (2) Conditional Use Permits for the proposed Wal -Mart Project at 9338 E. Point Douglas Road South. Cottaae Grove. Senior Planner Burbank reviewed the applications of Wal -Mart Real Estate Business Trust, c/o MFRA, Inc., for a zoning amendment to rezone approximately 23.55 acres of land from Low Density Residential (R -4) to Retail Business (B -2); a preliminary and final plat to plat a 23.55 -acre parcel from a 51.68 acre taxing parcel; a site plan review; and conditional use permits for a drive -up window and for exterior storage of recycling materials. The Council briefly discussed the topics noise, diesel fuel fumes, and traffic, and heard testimony from Eric Miller, MFRA, a local civil engineering consultant representing Wal -Mart; Tracy Hamilton, 9484 Jasmine Avenue South, Cottage Grove, and Kevin Kielb, Bolton & Menk, 2035 County Road B East, Maplewood. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO PASS ORDINANCE NO. 907 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING CITY CODE SECTION 11 -1 -6, ZONING MAP, VIA REZONING A PORTION OF CERTAIN PROPERTY LOCATED AT 9338 EAST POINT DOUGLAS ROAD, COTTAGE GROVE, FROM R -4, LOW DENSITY RESIDENTIAL, TO B -2, RETAIL BUSINESS DISTRICT AND ADOPT RESOLUTION NO. 2012 -100 A RESOLUTION AUTHORIZING THE PUBLICATION OF ORDINANCE NO. 907 BY TITLE AND SUMMARY. MOTION CARRIED. 5 -0. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO ADOPT RESOLUTION NO. 2012 -101 A RESOLUTION APPROVING THE PRELIMINARY PLAT AND FINAL PLAT FOR COTTAGE VIEW ADDITION. MOTION CARRIED. 5 -0. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO ADOPT RESOLUTION NO. 2012 -102 A RESOLUTION APPROVING THE SITE PLAN REVIEW OF A 177,808 SQUARE FOOT MULTI - TENANT RETAIL STORE LOCATED AT 9338 EAST POINT DOUGLAS ROAD, COTTAGE GROVE. MOTION CARRIED. 5 -0. Cottage Grove City Council 7 September 5, 2012 Regular Meeting / MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2012 -103 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A DRIVE -UP PHARMACY WINDOW AT WAL -MART. MOTION CARRIED. 5 -0. MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2012 -104 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN ACCESSORY RECYCLING COLLECTION POINT AND EXTERIOR STORAGE AREA AT WAL- MART. MOTION CARRIED. 5 -0. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS — None. 10. COUNCIL COMMENTS AND REQUESTS Council Member Peterson stated that the next Fair for All is September 14, 2012 and the next Beyond the Yellow Ribbon meeting is September 18, 2012. Mayor Bailey announced that the Holiday Train will stop in Cottage Grove on December 11, 2012; the Holiday Lighting Contest Judging deadline is December 10, 2012, and the winners of the lighting contest would be announced on December 19, 2012. Council Member Olsen thanked Bob Byerly, the former Fire Chief, for everything he did over the years for the City. 11. PAY BILLS MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE PAYMENT OF CHECK NUMBERS 178061 TO 178419 TOTALING $1,208,587.69 AND EFT PAYMENT OF $1,428,857.46. MOTION CARRIED. 5 -0. 12. WORKSHOP SESSION — OPEN TO PUBLIC — None. 13. WORKSHOP SESSION — CLOSED TO PUBLIC — None. ADJOURNMENT MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO ADJOURN THE REGULAR MEETING AT 10:51 P.M. MOTION CARRIED. 5 -0. Prepared by, Caron M. Stransky City Clerk