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HomeMy WebLinkAbout2012-12-19 PACKET 03.A.COTTAGE GROVE CITY COUNCIL J City of Cottage Grove, Minnesota Regular Meeting October 3, 2012 OPEN FORD Mayor Pro Tern Olsen 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,purp'ose of Open Forum is to provide the public an opportunity to provide information or todreq'uest 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. Op , for Um would adjourn to the regular meeting promptly at 7:30 p.m. The following were present: Mayor Pro Tern Council Member Jen Peterson, and Council The following were absent: Mayor Myron Bailey. Also present were: Ryan Schroeder, Git �Admin Roland, Finance Director; Corrine Heihe, „City A Public Safety Director; and Les Burshteh' *Publi'' 4: Mayor Pro Tern 0 Ise nxo ened ?pen Forum �t7 wished to address theACty CounCilon any tope, tl# Olsen, Council Merr” Derrick Lehrke, �jber Dave Thiede. ., t istrator, C�rpn Stransky, City Clerk; Robin ttQrney- Kenrjecly & Graven; Craig Woolery, c 1Norks Director.. the if anyone in the audience Kathy Lewandoski, 9043'�75T Street South, Cottage, Grove, addressed the City Council on the following topics The C1 F ay. m t�t?i11)aria�gement 'Improvement Project, the culvert under 80 Street South, the !§'pI e h ,pad, sir) klmg systems, acoustic panels at the new Public Safety /City Hall faeihty`�the homel' °oss, upcoliltlg aid a written request to receive special meeting notices Mayor Pro Test ° ; Qlsen closed Open For �pjo the Regular Meeting. ular Moetjng The City Council of the' City of Cottage Grove, Washington County, Minnesota, held a regular meeting on October 3, 2012'�0t "the Cottage Grove City Hall, 7516 80 Street South. Mayor Pro Tern Olsen called the meeting to order at 7:30 p.m. PLEDGE OF ALLEGIANCE Cub Scout Pack 237 led the audience, staff and the Mayor and Council Members pledge of allegiance to the flag of the United States of America. Cottage Grove City Council 2 October 3, 2012 Regular Meeting ROLL CALL The following were present: Mayor Pro Tern Justin Olsen, Council Member Derrick Lehrke, Council Member Jen Peterson, and Council Member Dave Thiede. The following were absent: Mayor Myron Bailey. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Corrine Heine, City Attorney- Kennedy & Graven; Craig Woolery, Public Safety Director; and Les Burshten, Public Works Director. Mayor Pro Tem Olsen presided over the regular meeting. ADOPTION OF AGENDA MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED 4 -0. 2. PRESENTATIONS A. Home Rule Charter Commission Update by Commission Chair Karla Bigham Charter Commission Chair Bigham addressed the Council regarding the Home Rule Charter Commission noting that the Commission consists of 15 members, they started meeting in March 2012, and that the League of Minnesota Cities spoke at a recent Commission meeting. She stated that the minutes are being posted on the City's web site and that their next meeting would be held on October 24. Commission Chair Bigham thanked the Commissioners for volunteering to serve on the Commission. Commission Chair Bigham invited the City Council, Staff, and public to attend their monthly meetings. City Attorney Heine stated that the City Council can attend the Commission meetings but cannot participate unless the meetings are posted as City Council meetings. B. Citizen's Academy The Mayor, City Council, and Police Sergeant Martin presented a certificate of completion to the 11 Academy Members. She highlighted the variety of topics covered during the 8 -week program. C. Code Enforcement Update Finance Director Roland and Community Development Intern Schmitz provided an update on code enforcement highlighting objectives, the abatement Cottage Grove City Council October 3, 2012 Regular Meeting procedure, foreclosed and vacant properties, and the overall housing market. They highlighted common property maintenance types, such as trash container storage, vehicle parking surfaces, yard waste disposal, weed /grass height, and they noted that the number of administrative citations has decreased from previous years, compliance rates are improving, there have been increased use of abatement communication with police through the community service officers, and that total foreclosures have decreased. Council Member Peterson commented that she would like to see a copy of the power point presentation placed on the City's web site. D. Ralph and Jessica Slocum, Parent of Skyler Slocum Mayor Pro Tern Olsen stated that the City's Public Safety Department participated in an early Birthday Party for Skyler Slocum, a seriously ill boy who has since passed away. Police Officer Peterson introduced Ralph and Jessica Slocum and Mr. Slocum provided information about his son, Skyler, and presented a photograph and plaque to the Police Department, Fire Department and the St. Paul Park /Newport Lions Club thanking them for their support. 3. APPROVAL OF MINUTES A. July 18, 2012 Special Meeting Mayor Pro Tem Olsen declared the minutes of the July 18, 2012 Special Meeting to stand approved as presented. B. August 1, 2012 Special Meeting Mayor Pro Tern Olsen declared the minutes of the August 1, 2012 Special Meeting to stand approved as presented. C. August 8, 2012 Special Meeting Mayor Pro Tern Olsen declared the minutes of the August 8, 2012 Special Meeting with the Parks, Recreation, and Natural Resources Commission to stand approved as presented. 4. CONSENT CALENDAR The City Council pulled and briefly discussed items H, I, C, E and J. Council Member Lehrke pulled item I from the consent calendar for a separate vote by the City Council. Cottage Grove City Council 4 October 3, 2012 Regular Meeting MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER PETERSON, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: i. PLANNING COMMISSION MEETING OF AUGUST 27, 2012. B. AUTHORIZE ISSUANCE OF A TEMPORARY "ON SALE" 3.2 LIQUOR LICENSE TO THE COTTAGE GROVE LIONS CLUB FOR THE SUE VANDERHEYDEN CANCER BENEFIT, LOCATED AT THE COTTAGE GROVE V.F.W. ON SUNDAY, OCTOBER 7, 2012. C. ADOPT RESOLUTION NO. 2012 -112 A RESOLUTION ACCEPTING DONATIONS ON BEHALF OF THE PUBLIC SAFETY, FIRE, AND RECREATION DEPARTMENTS FROM 3M COMPANY ($500.00) AND THE SYLVAN LEARNING CENTER (BOTTLED WATER VALUED AT $25.00) FOR COTTAGE GROVE'S 18 ANNUAL SAFETY CAMP. D. ADOPT RESOLUTION NO. 2012 -113 A RESOLUTION APPROVING A VARIANCE TO THE 60 -FOOT BUILDING HEIGHT LIMITATION TO ALLOW AN 89 -FOOT TALL BUILDING ADDITION AND AN EXCEPTION TO THE ARCHITECTURAL REGULATIONS OF THE CITY CODE TO ALLOW FACTORY INSULATED PREFINISHED METAL WALL PANELS ON THE PROPOSED BUILDING ADDITION; AND SITE PLAN APPROVAL FOR CONSTRUCTION OF A 93,500 SQUARE FOOT ADDITION TO 3M COTTAGE GROVE BUILDING 112, LOCATED AT 10746 INNOVATION ROAD, COTTAGE GROVE. E. ADOPT RESOLUTION NO. 2012 -114 A RESOLUTION ACCEPTING A DONATION OF $1,000 FROM NORTHERN TIER PETROLEUM COMPANY FOR THE DEPARTMENT OF PUBLIC SAFETY, FIRE DIVISION, TO ASSIST IN THE PURCHASING OF TWO (2) NEW CHAINSAWS. F. AUTHORIZE THE ACCEPTANCE OF FINDING FROM THE WASHINGTON COUNTY EMERGENCY MANAGEMENT DIVISION THROUGH THE FEDERALLY - FUNDED URBAN AREA SECURITY INITIATIVE UP TO AN AMOUNT OF $7,646.00 TO BE USED TOWARDS THE PURCHASE OF TWO (2) PANASONIC TOUGHBOOK 31 —CORE 15 254M 2.6 SQUAD LAPTOPS FOR THE COTTAGE GROVE POLICE DEPARTMENT. G. ADOPT RESOLUTION NO. 2012 -115 A RESOLUTION ACCEPTING THE DONATION OF $160.00 FROM THE 2012 CITIZEN'S ACADEMY PARTICIPANTS FOR THE COTTAGE GROVE POLICE DEPARTMENT. H. APPROVE THE LETTER OF UNDERSTANDING AND AUTHORIZE EXECUTION OF THE AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND THE ANIMAL HUMANE SOCIETY EFFECTIVE JANUARY 1, 2013. Cottage Grove City Council 5 October 3, 2012 Regular Meeting REMOVED FROM THE CONSENT CALENDAR FOR A SEPARATE VOTE. J. ADOPT RESOLUTION NO. 2012 -116 A RESOLUTION ACCEPTING THE DONATION OF $500.00 FROM CHERYL KOHLS TO THE PUBLIC SAFETY DEPARTMENT EMERGENCY MEDICAL SERVICES DIVISION TO BE USED AS THEY DEEM APPROPRIATE. K. ADOPT RESOLUTION NO. 2012 -117 A RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES FOR THE NOVEMBER 6, 2012 GENERAL ELECTION. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE CHANGE ORDER NO. 5 FOR THE PUBLIC SAFETY /CITY HALL FACILITY. MOTION CARRIED. 3 -1 WITH COUNCIL MEMBER LEHRKE VOTING NAY. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES — None. 6. PUBLIC HEARINGS A. Hold the Public Hearinq and Consider Authorizinq Issuance of an "On Sale" Wine Intoxicatinq Liquor License with Authorization to Sell Stronq Beer, and an "On Sale" 3.2 Non-Intoxicating Beer License to Burnwood, LLC, DBA Famous Dave's BBQ, 8479 East Point Douqlas Road, Cottage Grove. Mayor Pro Tern Olsen opened the public hearing to receive comments and /or objectives from those in the audience. There being none, Mayor Pro Tem Olsen closed the public hearing. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO AUTHORIZE THE ISSUANCE OF AN "ON SALE" WINE INTOXICATING LIQUOR LICENSE (WITH AUTHORIZATION TO SELL STRONG BEER), AND AN "ON SALE" 3.2 NON - INTOXICATING BEER LICENSE TO BURNWOOD, LLC, DBA FAMOUS DAVE'S BBQ, 8479 EAST POINT DOUGLAS ROAD, COTTAGE GROVE. FOR THE REMAINDER OF 2012 AND ALL OF 2013, CONTINGENT ON COMPLIANCE WITH THE PROVISIONS OF THE COTTAGE GROVE CITY CODE AND MINNESOTA STATUTES RELATING TO ALCOHOLIC BEVERAGES, COMPLIANCE WITH THE CONDITIONS OUTLINED IN RESOLUTION NO. 2012 -095 APPROVING THE CONDITIONAL USE PERMIT, RECEIPT OF A CERTIFICATE OF LIQUOR LIABILITY INSURANCE, AND PAYMENT OF ALL LICENSE FEES. MOTION CARRIED. 4 -0. 7. BID AWARDS None. Cottage Grove City Council 6 October 3, 2012 Regular Meeting 8. UNFINISHED AND NEW BUSINESS A. (1) Consider Denvina a Variance Application to Allow an In- Ground Swimmin Pool and Decking Six (6) Feet from the Rear Lot Line When 15 feet is the Minimum Rear Yard Setback and to Place the In- Ground Swimming Pool and Pool Decking on Drainage /Utility Easements; and (2) Consider Grantinq a Variance Reducing the 15 -Foot Minimum Rear Yard Setback to 10 Feet for the Proposed In- Ground Swimming Pool and Pool Decking with the Condition that No Part Can Encroach On or Over Any Drainage /Utility Easement. Finance Director Roland reviewed the applications of Robert Koch, 7595 63 Street Circle South, Cottage Grove, for variances to allow for the construction of an in- ground swimming pool and decking within the rear yard setback, and a variance to reduce the 15 -foot minimum rear yard setback to 10 feet. Mayor Pro Tern Olsen asked if the applicant was present and if they would like to address the City Council. Mr. Robert Koch, 7595 63 Street Circle South, Cottage Grove, stated that they would like to amend their request and request an eight (8) foot setback from their rear property line. Mayor Pro Tern Olsen asked whether the request needs to go back to the Planning Commission for reconsideration. City Attorney Heine stated that if the City Council were inclined to grant a variance for an eight (8) foot setback as opposed to a 15 -foot setback, procedurally the City Council could do that and it would not have to go back to the Planning Commission for reconsideration. The City Council discussed the applicant's revised request for an 8 -foot setback, the elevation of the pool, the drainage /utility easement, and what structures would be allowed within an easement, if any. Council Member Lehrke stated that since the Planning Commission has findings of fact to move the 15 -foot rear yard setback to a 10 -foot rear yard setback, could we use the same findings of fact to approve an eight (8) foot rear yard setback. Council Member Thiede stated that in this case if something should happen that would require the City to enter the easement, who would be responsible for the cost to remove the cement or whatever might be in the easement. City Administrator Schroeder stated that the property owner would have to remove the structure placed in the easement. City Attorney Heine stated that if the City Council wanted to change the variance and allow an 8 -foot setback, there are some additional findings or revised Cottage Grove City Council 7 October 3, 2012 Regular Meeting findings you would have to make because some of the statements in the resolution are not accurate with respect to what is being proposed. Mayor Pro Tem Olson asked if there was a hold harmless agreement between the property owner and the City where there is an understanding or agreement between the municipality and the property owner that says that the City would grant this variance with the understanding that there would also be a legal agreement holding the City harmless should future events occur that might result in the structure that is in the variance area becomes damaged or no longer usable. Mayor Pro Tem Olsen stated that it would be his recommendation that we table this and come back at the next meeting with an amended resolution that updates the findings of fact so that they are 100% accurate and allow for an 8 -foot setback versus a 10 -foot setback. MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER THIEDE, TO TABLE THE RESOLUTION GRANTING THE VARIANCE REDUCING THE 15 -FOOT MINIMUM REAR YARD SETBACK TO 10 FEET, TO GIVE STAFF AN OPPORTUNITY TO UPDATE THE FINDINGS OF FACT INCLUDED IN THE PROPOSED RESOLUTION ALLOWING FOR AN EIGHT (8) FOOT SETBACK. MAYOR PRO TEM OLSEN AMENDED THE MOTION TO PREPARE A HOLD HARMLESS AGREEMENT BETWEEN THE CITY AND THE PROPERTY OWNER. UPON VOTE BEING TAKEN ON MOTION AS AMENDED, MOTION CARRIED. 4 -0. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY MAYOR PRO TEM OLSEN, TO ADOPT RESOLUTION NO. 2012 - 117.1 A RESOLUTION DENYING A VARIANCE REQUEST TO THE ZONING ORDINANCE FROM A REAR PROPERTY LINE AND DENY ING THE PLACEMENT OF A SWIMMING POOL WITH POOL DECKING TO ENCROACH FOUR (4) FEET INTO THE SOUTH DRAINAGE /UTILITY EASEMENT AND 10 FEET INTO THE EAST DRAINAGE /UTILITY EASEMENT AT 7595 63 STREET CIRCLE SOUTH, COTTAGE GROVE. MOTION CARRIED 3 -1 WITH COUNCIL MEMBER LEHRKE VOTING NAY. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS A. Receive Response Regarding Overview of Traffic Control Changes in 2012 The City Council reviewed the report on Traffic Control Changes. The report included changes to 90 Street and Jamaica Avenue, Jamaica Avenue and East Point Douglas Road, 80 Street and Hardwood Avenue /East Point Douglas Road, and observations since the changes. Cottage Grove City Council October 3, 2012 Regular Meeting Roger Plum of SEH and Public Safety Director Burshten responded to questions and concerns from the City Council on the East Point Douglas /80 Street South intersection. 10. COUNCIL COMMENTS AND REQUESTS Council Member Peterson announced that the Fire Department's Annual Open House would be on held on Saturday, October 13, 2012. She also announced that Facing Race would be held on October 9 and the next Fair for All would be October 11. Council Member Lehrke stated that tires can be brought to the Environmental Center in Woodbury and asked about charging a 7% interest rate for the previous two (2) pavement management projects. Council Member Thiede announced that the Monster Bash is October 26 and the Monster Bash Parade is October 27. Mayor Pro Tem Olsen thanked the City staff for putting together the ribbon cutting event for the new Ravine Parkway Bridge. He also noted that the Crime Board was sponsoring an event at Bonngard's Meat; he thanked Danette Parr, Laura Bolstad, and the other staff members who were involved in coordinating and executing the Cottage View Drive In celebration; and he thanked the Slocum's for being here this evening. Council Member Lehrke announced that the St. Paul Park Newport Lions Club would be hosting a benefit for Sue Vanderheyden on November 7 at the VFW. City Administrator Schroeder noted that the next City Council meeting would not be aired live but would be web streamed. A lot of the video equipment in the Council Chamber was being moved to the new building. Mayor Pro Tem Olsen noted that the open house for the new Public Safety /City Hall facility would be held on October 20. 11. PAY BILLS MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE PAYMENT OF CHECK NUMBERS 178619 THROUGH 178764 TOTALING $398,970.92 AND EFT PAYMENT OF $915,210.11. MOTION CARRIED. 4 -0. 12. WORKSHOP SESSION — OPEN TO PUBLIC — None. 13. WORKSHOP SESSION — CLOSED TO PUBLIC — None. Cottage Grove City Council 9 October 3, 2012 Regular Meeting ADJOURNMENT MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO ADJOURN THE REGULAR MEETING AT 9:35 P.M. MOTION CARRIED. 4 -0. Prepared by, Caron M. Stransky City Clerk