The URL can be used to link to this page

Home My WebLink About2013-01-02 PACKET 03.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 1/2/2013 • • PREPARED BY City Clerk Caron Stransky ORIGINATING DEPARTMENT DEPARTMENT HEAD COUNCIL ACTION REQUEST City Council Minutes Approval: October 17, 2012 Regular Meeting. STAFF RECOMMENDATION Approve draft minutes. BUDGET IMPLICATION: BUDGETED AMOUNT ACTUAL AMOUNT ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ❑ PLANNING ❑ ❑ ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ❑ MEMO /LETTER: ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Draft October 17, 2012 Regular City Council Minutes ADMINISTRATORS COMMENTS City Administrator 7-ei Dat http: / /intraneUcity- council /council - action.doc COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting October 17, 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 provide the public an opportunity to provide information or tprequest action by the City Council. It may not be used to make personal attacks, to air persoq l ty;g&Jevances, to make political endorsements, or for political campaign purposes. Op h F`orLi wall adjourn to the regular meeting promptly at 7:30 p.m. to the regular meetmg:� The following were present: Mayor Myron E Member Justin Olsen, Council Member Jen The following were absent: None. Also present were: Ryan Schroeder, (C Roland, Finance Director; Corrine Heir Engineer; Craig Woolery, Public Safety j Council Member Derrick' Lehrke, Council �rs and Council Member,Dave Thiede. ti �istrator, Carp Stransky, City Clerk; Robin tWrney- Kenney &Graven; Jennifer Levitt, City , and: Les Burshten, Public Works Director. Mayor Bailey opened Open'- Forum,at 7:15 address the City Cou'h'e , bn any topic not on Mary VanRisseghem, 765 kip Tfrail South, a low frequencysound (deep; base)emariatinc Mayor, 8(ley closed O'pn,Forum teethe Reg - Regular Meeting in the audience wished to e Grove, addressed the City Council about ,685 Inskip Trail South, Cottage Grove. The City Council offi#he City of Cottage Grove, Washington County, Minnesota, held a regular meeting on Octobel 1 >7„ 2012 at`the Cottage Grove City Hall, 7516 80 Street South. Mayor Bailey called the meelirng 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. R01 I_ 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. Cottage Grove City Council October 17, 2012 Regular Meeting 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 AGEN MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 5 -0. 2. PRESENTATIONS A. Emerald Ash Borer Program City Forester Steve Bowe gave a brief presentation on the Emerald Ash Borer (EAB) Program. 3. APPROVAL OF MINUTES A. August 8, 2012 Regular Meeting Mayor Bailey declared the minutes of the August 8, 2012, Regular Meeting to stand approved as presented. 4. CONSENT CALENDAR MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: i. ENVIRONMENTAL COMMISSION MEETING OF AUGUST 8, 2012. ii. PUBLIC WORKS COMMISSION MEETING OF AUGUST 13, 2012. B. MOVED TO ITEM B UNDER "UNFINISHED AND NEW BUSINESS" - CONSIDER ADOPTING A RESOLUTION SUPPORTING WASHINGTON COUNTY'S CONTINUED PARTICIPATION ON THE COUNTY TRANSPORTATION IMPROVEMENT BOARD (CTIB) AND SUPPORTING COUNTY STRATEGIC ALIGNMENT WITH THE M INNESOTA M ULTI -MODAL TRANSPORTATION PLAN, C. AUTHORIZE THE PURCHASE OF TWO (2) 16G IPAD 2 TABLETS ALONG WITH TWO (2) OTTERBOX PROTECTIVE CASES TO BE USED IN THE EMT /FIRE DIVISION FOR OPERATIONS AND EMERGENCY MANAGEMENT. D. ADOPT RESOLUTION NO. 2012 -118 A RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $5,903.89 TO HARDRIVES, INC., FOR THE BELDEN RAIL CROSSING PROJECT. Cottage Grove City Council October 17, 2012 Regular Meeting E. ADOPT RESOLUTION NO. 2012 -119 A RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $57,786.66 TO EUREKA CONSTRUCTION FOR THE WEST POINT DOUGLAS ROAD EXTENSION PROJECT. F. AUTHORIZE THE ISSUANCE OF A SINGLE - OCCASION GAMBLING PERMIT TO EAST RIDGE ATHLETIC ASSOCIATION FOR BINGO AT RIVER OAKS GOLF COURSE ON NOVEMBER 10, 2012. MOTION CARRIED. 5 -0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES A. Receive Response Regarding Various City Projects The City Council acknowledged receipt of the response from City Administrator Schroeder to Kathy Lewandoski of 9043 75 Street South, Cottage Grove, regarding various City Projects. No action taken. :� all c31 rem: Ic_\71gM A. Hold Public Hearing and Consider Findings of Fact; Consider Approving a Certificate of Appropriateness; and Consider Approving an Amendment to an Existing Historic Places Conditional Use Permit — Hope Glen Farm The City Council received an application from Michael and Paula Bushilla to amend an existing Historic Places Conditional Use Permit to allow for additional limited commercial ventures at 10276 Point Douglas Road South, Cottage Grove, and a variance to City Code Title 11 -2 -2B, Number and Size of Accessory Structures, to allow a 2,000 square foot open air pavilion to be constructed in conjunction with the amended Historic Places Conditional Use Permit for Hope Glen Farm. Senior Planner Burbank noted that the applicant was proposing to hold outdoor weddings and other special events (corporate events, benefits, conferences, and retreats) and to construct an open air pavilion for use by wedding and event guests. The applicants, Michael and Paula Bushilla, were in attendance. Mayor Bailey opened the public hearing to receive comments and /or objections from those in attendance. There being none, Mayor Bailey closed the public hearing. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER OLSEN, TO ACCEPT THE FINDINGS OF FACT FOR THE REQUESTED VARIANCE AND ADOPT RESOLUTION NO. 2012 -120 A RESOLUTION GRANTING A VARIANCE TO ALLOW FOR A 2,000 SQUARE FOOT OPEN AIR PAVILIAN TO BE CONSTRUCTED IN CONJUNCTION WITH THE AMENDED HISTORIC PLACES CONDITIONAL USE PERMIT FOR HOPE GLEN FARM, Cottage Grove City Council October 17, 2012 Regular Meeting LOCATED AT 10276 EAST POINT DOUGLAS ROAD SOUTH, COTTAGE GROVE. MOTION CARRIED. 5 -0. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE THE CERTIFICATE OF APPROPRIATENESS FOR THE PROPOSED USES AS RECOMMENDED BY THE ADVISORY COMMITTEE ON HISTORIC PRESERVATION. MOTION CARRIED. 5 -0. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO ADOPT RESOLUTION NO. 2012 -121 A RESOLUTION APPROVING AN AMENDMENT TO THE EXISTING HISTORIC PLACES CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF A WEDDING AND EVENT VENUE AT HOPE GLEN FARM, LOCATED AT 10276 EAST POINT DOUGLAS ROAD SOUTH, COTTAGE GROVE. MOTION CARRIED. 5 -0. B. Hold the Public Hearing and Consider Adopting a Resolution Adopting the Assessment for Removal of Hazardous Conditions at 8255 Hyde Avenue South, Cottage Grove Finance Director Roland highlighted the request to consider adopting the assessments for the removal of public safety hazards from the property located at 8255 Hyde Avenue South, Cottage Grove. Mayor Bailey opened the public hearing to receive comments and /or objections from those in attendance. There being none, Mayor Bailey closed the public hearing. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER OLSEN, TO ADOPT RESOLUTION NO. 2012 -122 A RESOLUTION ADOPTING SERVICE CHARGES FOR THE REMOVAL OR ELIMINATION OF PUBLIC SAFETY HAZARDS FROM PRIVATE PROPERTY LOCATED AT 8255 HYDE AVENUE SOUTH, COTTAGE GROVE, IN THE AMOUNT OF $19,504.80. MOTION CARRIED. 5 -0. C. Hold the Public Hearinq and Consider Adoptinq Assessments for Removal of Weeds from Private Property Finance Director Roland highlighted the request to consider adopting the assessments for the removal of weeds from private property in Cottage Grove. Mayor Bailey opened the public hearing to receive comments and /or objections from those in attendance. There being none, Mayor Bailey closed the public hearing. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2012 -123 A RESOLUTION ADOPTING SERVICE CHARGES FOR THE REMOVAL OF NOXIOUS WEEDS Cottage Grove City Council I G October 17, 2012 Regular Meeting J AND PLANTS FROM PRIVATE PROPERTY THROUGHOUT COTTAGE GROVE. MOTION CARRIED. 5 -0. D. Hold the Public Hearing and Consider Adopting the Assessments for Removal of Hazardous Conditions Finance Director Roland highlighted the request to consider adopting the assessments for the removal of hazardous conditions on private property in Cottage Grove. Mayor Bailey opened the public hearing to receive comments and objections from those in attendance. Brook Hendrickson, 9456 Harkness Court South, Cottage Grove, asked if the $3,504 is the amount that the City would be billing the residents. Finance Director Roland stated that the property owners were sent an invoice for the cost to remove the hazardous conditions. Under State Law, the City is allowed to assess the amount against their property in lieu of sending the amount to collections. There being no further comments from the audience, Mayor Bailey closed the public hearing. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2012 -124 A RESOLUTION ADOPTING SERVICE CHARGES FOR THE REMOVAL OR ELIMINATION OF PUBLIC SAFETY HAZARDS FROM PRIVATE PROPERTY. MOTION CARRIED. 5 -0. 7. BID AWARDS — None. 8. UNFINISHED AND NEW BUSINESS A. Consider Adontina a Resolution Grantina a Variance Reducina the 15 -Foot Minimum Rear Yard Setback to Eight (8) Feet for the Proposed Concrete Pool Decking and to Grant a Variance Allowing Pool Decking to Encroach Two (2) Feet onto a 10 -foot Wide Platted Drainage and Utility Easement Located Along the Rear Property Boundary Line and to Consider Approving a Hold Harmless Agreement. Senior Planner McCool stated that at the last meeting, the City Council tabled the variance allowing for an eight (8) foot rear yard setback to give Staff an opportunity to update the findings of fact and to prepare a hold harmless agreement that would hold the City or any utility company harmless of any damage that may occur or if there was a high water elevation that would cause damage to the fence or the in- ground pool. The applicant, Mr. Koch, stated that he was comfortable with the new findings of fact and has signed the hold harmless agreement. Cottage Grove City Council I G October 17, 2012 Regular Meeting V MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER LEHRKE, TO ADOPT RESOLUTION NO. 2012 -125 A RESOLUTION GRANTING A VARIANCE TO ALLOW THE CONCRETE DECKING OF AN IN- GROUND SWIMMING POOL TO BE EIGHT (8) FEET FROM THE REAR PROPERTY LINE WHEN 15 FEET IS THE MINIMUM SETBACK AND TO ALLOW THE CONCRETE POOL DECKING TO ENCROACH TWO (2) FEET ONTO A 10 -FOOT WIDE DRAINAGE AND UTILITY EASEMENT ALONG THE REAR LOT LINE OF PROPERTY LOCATED AT 7595 63 STREET CIRCLE SOUTH, COTTAGE GROVE. MOTION CARRIED. 5 -0. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE THE HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND ROBERT J. AND MELISSA A. KOCH, AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE AND RECORD THE AGREEMENT AT THE WASHINGTON COUNTY RECORDER'S OFFICE. MOTION CARRIED. 5 -0. B. Consider Adopting a Resolution Supporting Washington County's Continued Participation on the County Transportation Improvement Board (CTIB) and Supporting County Strategic Alignment with the Minnesota Multi -Modal Transportation Plan City Administrator Schroeder reviewed the resolution supporting Washington County's continued participation on the County Transportation Improvement Board (CTIB) and the County strategic alignment with the Minnesota Multi -modal Transportation Plan. He stated that the City of Cottage Grove is on record in support of CTIB, is a member of the Red Rock Trail Corridor Commission and the High Speed Rail Corridor Commission, and has been in support of member cities and counties participating in these Commissions. He stated that it was recently brought to his attention that the Washington County Board of Commissioners had taken action to rescind its membership and participation in the High Speed Rail Corridor Commission and that there was some discussion regarding continued membership in CTIB. The action of the Board was to table it until after the Election and after continued discussion with the legislative delegation. City Administrator Schroeder encouraged the City Council to adopt a Resolution encouraging the County to continue participation and membership in the Red Rock Corridor Commission, to reconsider membership in the High Speed Rail Commission, and to continue participation on CTIB. He stated that in the audience was Washington County Commissioner Autumn Lehrke and invited her to address the City Council. County Commissioner Lehrke highlighted the reasons behind the County Board's decision to discontinue its membership in CTIB noting that the Board was looking at areas of their budget where they could cut to keep their levy at zero and they realized that this was not a core function of County government, it was a regional initiative. Cottage Grove City Council October 17, 2012 Regular Meeting There was discussion on the membership fee charged to participate in CTIB, the County's funding of 4 -H, the freight/passenger component to high speed rail, bus rapid transit, data driven decision - making, concern that the County acted on this without getting feedback from the cities involved, and to consider providing the County with a joint resolution of support with other County communities. Following discussion, Mayor Bailey stated that he would be more interested in hearing about the future of CTIB and the level of taxes. He stated that he would be interested in understanding what or if there was something that would be beneficial to Cottage Grove or St. Paul Park. He stated that he would be fine tabling this and to let staff reach out to the surrounding communities to get some feedback from them on what their current stance was and then do some follow -up with our County Commissioner on finding out what was going on with the next phase of CTIB. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO TABLE THE RESOLUTION SUPPORTING WASHINGTON COUNTY'S CONTINUED PARTICIPATION ON THE COUNTY TRANSPORTATION IMPROVEMENT BOARD (CTIB) AND SUPPORTING COUNTY STRATEGIC ALIGNMENT WITH THE MINNESOTA MULTI -MODAL TRANSPORTATION PLAN. MOTION CARRIED. 4 -1 WITH COUNCIL MEMBER PETERSON VOTING NAY. C. Consider Adootina a Resolution Ormosina the Proposed Constitutional Amendment to Restrict the Voting Rights of Minnesotans and Create an Unfunded Mandate for Local Governments to Scrutinize Voter Identify at Polling Places and Encourage Minnesota Voters to Vote "No" on the Proposed Constitutional Amendment City Administrator Schroeder read aloud the proposed resolution expressing opposition to the voter ID constitutional amendment on the General Election Ballot. MOTION BY COUNCIL MEMER LEHRKE, TO TABLE THE RESOLUTION IN OPPOSITION TO THE PROPOSED VOTER ID AMENDMENT UNTIL THE NOVEMBER 7, 2012 REGULAR MEETING. THE MOTION FAILED FOR LACK OF A SECOND. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2012 -126 A RESOLUTION EXPRESSING OPPOSITION TO THE VOTER ID CONSTITUTIONAL AMENDMENT ON THE GENERAL ELECTION BALLOT. MOTION CARRIED. 4 -1. ON A ROLL CALL VOTE, MAYOR BAILEY VOTED AYE, COUNCIL MEMBER LEHRKE VOTED NAY, COUNCIL MEMBER PETERSON VOTED AYE, COUNCIL MEMBER THIED VOTED AYE, AND COUNCIL MEMBER OLSEN VOTED AYE. Cottage Grove City Council I p October 17, 2012 Regular Meeting O 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS — None. 10. COUNCIL COMMENTS AND REQUESTS Mayor Bailey announced that the Grand Opening Ceremony for the new Public Safety /City Hall facility would be held on October 20, the Joint City Council /All Commission meeting would be held on October 20, and there would be a special Veteran's Day Memorial on November 11. Council Member Peterson announced that on October 25 she would be participating in the Tri- Annual Wilder Homeless Survey Count; October 26 is the Monster Bash; October 30 is the Monster Bash Parade; October 30 is the Habitat for Humanity informational session at the Park Grove Library; November 8 is the next Fair for All; and she is working on providing transportation to and from the Veteran's Memorial on November 11. Council Member Thiede stated that it was his observation in looking around the room tonight that no one running for the Mayor or City Council seat were in attendance. 11. PAY BILLS MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE PAYMENT OF CHECK NUMBERS 178765 THROUGH 178938 TOTALING $1,183,353.31 AND ETF PAYMENT OF $136,770.37. MOTION CARRIED. 5 -0. 12. WORKSHOP SESSION — OPEN TO PUBLIC A. Capital Improvement Plan Finance Director Roland reviewed a power point presentation she prepared on the Capital Improvement Program attached to the original minutes. 13. WORKSHOP SESSION — CLOSED TO PUBLIC — None. ADJOURNMENT MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADJOURN THE REGULAR MEETING AT 10:15 P.M. MOTION CARRIED. 5 -0. Prepared by, Caron M. Stransky City Clerk