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HomeMy WebLinkAbout2013-11-06 PACKET 03.B.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 11 /6/2013 . • PREPARED BY: City Clerk Caron Stransky ORIGINATING DEPARTMENT DEPARTMENT HEAD ************************************************ COUNCIL ACTION REQUEST City Council Meeting Minutes Approval: August 14, 2013 Regular Meeting. STAFF RECOMMENDATION Approve draft minutes. SUPPORTING DOCUMENTS: ❑ MEMO/LETTER: ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Draft Minutes. ADMINISTRATORS COMMENTS City Administrator � Date ***********************************�******�***** t Qc �� ����� ��� ��� ���� ��� COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting - August 14, 2013 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 present 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. 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; Robin Roland, Finance Director; Kori Land, City Attorney-LeVander, Gillen & Miller, PA; 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. There being none, 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 regular meeting on August 14, 2013 at the Cottage Grove City Hall, 12800 Ravine Parkway. 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; Robin Roland, Finance Director; Kori Land, City Attorney-LeVander, Gillen & Miller, PA; Jennifer Levitt, City Engineer; Craig Woolery, Public Safety Director; and Les Burshten, Public Works Director. CITY OF COITAGE GROVE • 12800 Ravine Parkway • Cottage Grove, Minnesota 55016 www.wttage-grove.org • 651-458-2800 • Fax 651-458-2897 • Equal Opportunity Employer Cottage Grove City Council ( � August 14, 2013 Regular Meeting Mayor Bailey presided over the meeting. 1. ADOPTION OF AGENDA MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 5-0. 2. PRESENTATIONS A. Receive Presentation from 2013 Landscape Interns and Declare Green Garden Award Recipients Landscape Interns Tyler Coutu and Nathanael Holmes announced the winners of the 2013 Green Garden Awards. The residential award was presented to Sylvia Strong and the commercial award to the Church of St. Rita. 3. APPROVAL OF MINUTES A. July 17, 2013 Regular Meeting Mayor Bailey accepted the minutes of the July 17, 2013 Regular Meeting as presented. B. 7uly 24, 2013 Special Meetinq Council Member Peterson noted that the minutes of the July 24, 2013 reflect that the meeting was held on August 24, 2013 and it should be July 24, 2013. Mayor Bailey accepted the minutes of the 7uly 24, 2013 Special Meeting as amended. 4. CONSENT CALENDAR The Council pulled and briefly discussed items G, K and F. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES OF THE: i. PLANNING COMMISSION MEETING FROM JUNE 24, 2013; ii. PUBLIC SAFETY, HEALTH, AND WELFARE COMMISSION MEETINGS OF MARCH 19, 2013 AND MAY 14, 2013; AND A JOINT MEETING OF THE PUBLIC SAFETY, HEALTH, AND WELFARE COMMISSION AND PUBLIC WORKS COMMISSION OF APRIL 30, 2013. iii. ADVISORY COMMITfEE ON HISTORIC PRESERVATION (ACHP) MEETINGS OF JANUARY 8, 2013, MARCH 12, 2013, AND May 14, 2013. iv. PUBLIC WORKS COMMISSION MEETING OF JUNE 17, 2013. B. AUTHORIZE ISSUANCE OF A SINGLE-OCCASION GAMBLING PERMIT TO COTTAGE GROVE ELEMENTARY PTO INC., TO CONDUCT A RAFFLE ON OCTOBER 4, 2013 AT 7447 65 STREET SOUTH, COTfAGE GROVE. Cottage Grove City Council I� August 14, 2013 Regular Meeting C. APPROVE THE 2013-2014 MAP DESIGNATING AREAS TO DISCHARGE ARCHERY AND FIREARMS WITHIN THE CITY OF COTTAGE GROVE. D. AUTHORIZE ISSUANCE OF A TEMPORARY INTOXICATING LIQUOR LICENSE TO THE COTfAGE GROVE LIONS CLUB IN CONJUNCTION WITH A FUNDRAISING EVENT FOR THE NEW BIKE PARK AT THE WEST DRAW PAVILLION ON SEPTEMBER 14, 2013, CONTINGENT ON COMPLIANCE WITH CONDITIONS ESTABLISHED IN THE FACILITY USE PERMIT FOR THE EVENT. E. RECEIVE INFORMATION ON OFF-STREET PARKING REQUIREMENTS. F. APPROVE THE LEGAL SERVICES AGREEMENT WITH LEVANDER, GILLEN & MILLER P.A., FOR CIVIL LEGAL REPRESENTATION FOR THE CITY OF COTTAGE GROVE FOR THE TERM AUGUST 15, 2013 THROUGH DECEMBER 31,2016. G. ADOPT RESOLUTION NO. 2013-078, A RESOLUTION ACCEPTING DONATIONS RECEIVED IN THE SECOND QUARTER OF 2013 TOTALING $6,512.52. H. ADOPT RESOLUTION NO. 2013-079, A RESOLUTION APPROVING A VARIANCE TO REAR SETBACK REQUIREMENTS TO ALLOW A PORCH ADDITION AT 8057 JOCELYN AVENUE SOUTH, COTTAGE GROVE, TO BE 31 FEET FROM THE PROPERTY LINE WHEN 35 FEET IS REQUIRED. APPROVE AWARDING THE TOWING AND IMPOUND SERVICES CONTRACT WITH SOUTHEAST TOWING, INC., FOR THE PERIOD JULY 1, 2013 THROUGH JUNE 30, 2016. ADOPT RESOLUTION NO. 2013-080, A RESOLUTION AWARDING THE QUOTE FOR THE PUBLIC WORKS FACILITY IMPROVEMENTS TO EUREKA CONSTRUCTION FOR $89,719.00. K. ADOPT RESOLUTION NO. 2013-081, A RESOLUTION CALLING FOR THE SALE OF $7.6 MILLION IN GENERAL OBLIGATION BONDS OF 2013A TO FINANCE THE 2013 STREET AND UTILITY IMPROVEMENTS (PAVEMENT MANAGEMENT AND HINTON AVENUE PROJECTS). L. APPROVE THE GUIDELINES AND PROCEDURES UNDER THE MINNESOTA DATA PRACTICES ACT. M. APPROVE APPLICATION FOR A GRANT THROUGH FEMA FOR THE 2013 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM (AFT) AND THE 2013 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT IN THE AMOUNT OF $495,000 FOR THREE FULL-TIME FIREFIGHTER/ PARAMEDIC POSITIONS. N. ITEM REMOVED FROM AGENDA. MOTION CARRIED. 5-0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES - None. Cottage Grove City Council I� August 14, 2013 Regular Meeting 6. PUBLIC HEARINGS — None. 7. BID AWARDS - None. 8. UNFINISHED AND NEW BUSINESS A. 1. Consider Passing an Ordinance Amending the City's Zoning Map to Rezone Approximately 2.38 acres from B-1, Limited Business District to B-2, Retail Business District. 2. Consider adopting a Resolution Authorizing Publication of Ordinance by Title and Summary. 3. Consider Adopting a Resolution Approving the Site Plan and Conditional Use Permit Applications to Redevelo� the Property at 7350 80 Street South for a One-Story Commercial Building of Approximately 19,387 Square Feet and 75 Off-Site Parking Spaces. City Engineer Levitt highlighted the application for a 19,387 square foot one- story retail building (Goodwill Store) with 75 off-street parking spaces and a donation center drop-off. The applicant was introduced and invited to the podium. John Johannson, Welsh Companies, 4350 Baker Road, Minnetonka, Minnesota, introduced Chris Simmons, Mike Brandt, Laura Moore, and Debbie Fairy, also in attendance. He stated that they found the staff reports to be very thorough and accurate, and they have enjoyed working with staff. He stated that they have agreed to the adjustments that were made either by Staff or the Planning Commission and they do not have any concerns. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO PASS ORDINANCE NO. 916, AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING CITY CODE SECTION 11-1-6, ZONING MAP, VIA REZONING CERTAIN PROPERTY LOCATED AT 7350 8p STREET SOUTH, COTTAGE GROVE, FROM B-1, LIMITED BUSINESS DISTRICT TO BE-2, RETAIL BUSINESS DISTRICT. MOTION CARRIED. 5-0. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO ADOPT RESOLUTION NO. 2013-082, A RESOLUTION AUTHORIZING THE PUBLICATION OF ORDINANCE NO. 916 BY TITLE AND SUMMARY. MOTION CARRIED. 5-0. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO ADOPT RESOLUTION NO. 2013-083, A RESOLUTION APPROVING A SITE PLAN REVIEW OF A 19,387 SQUARE FOOT RETAIL BUILDING AND CONDITIONAL USE PERMIT TO ALLOW A DONATION DROP-OFF CENTER DROP-OFF AT 7350 80 STREET SOUTH, COTTAGE GROVE. MOTION CARRIED. 5-0. B. Consider Approving a Conditional Use Permit to Allow a 520 Square-Foot Accessory Structure in Addition to the Existing 2,480 Square-Foot Accessorx Structure Located at 6192 65 Street South Senior Planner Burbank reviewed the application of Richard Leicht for a conditional use permit to allow a 520 square foot accessory structure in addition to the existing 2,480 square foot accessory structure, subject to Cottage Grove City Council I� August 14, 2013 Regular Meeting conditions stipulated in the draft resolution included in the Agenda packet. The Planning Commission reviewed the application and based on the established zoning ordinance criteria, they unanimously recommends that the City Council approve the conditional use permit. The Council discussed the Planning Commission's recommendation with the applicant and staff. The applicant requested that the building be permitted as constructed at 1,080 square feet versus the recommended 520 additional square feet, subject to removal of the building triggered by additional residential development on properties adjacent to the applicants' property. The applicant concurred with the continuation of the application to allow City staff and the City attorney time to review options in which to properly proceed with the applicant's request. There was discussion on the possibility of processing a post-construction variance application, which includes an application fee of $800.00, the requirement that a restrictive covenant be recorded regarding the triggered removal of the structure and the posting of a financial guarantee to ensure future removal. A restrictive covenant and escrow were suggested by the City attorney as the means in which the City can guarantee the removal of the structure when the appropriate trigger has been met. The applicant, Richard Leicht, 6192 65 Street South, Cottage Grove, was in attendance and spoke regarding his application. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO TABLE THIS APPLICATION TO THE SEPTEMER 4, 2013 REGULAR MEETING AND TO PROVIDE FOR AN OPPORTUNITY FOR STAFF AND LEGAL COUNSEL FOR THE CITY OF COTfGE GROVE TO WORK WITH THE APPLICANT ON THE OPTIONS THAT WERE DISCUSSED. MOTION CARRIED. 5- 0. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS A. Receive Response to Council Regardina Highlands Park Splash Pad Parks & Recreation Director pockter reviewed his report regarding the Highlands Park Splash Pad. No action taken. 10. COUNCIL COMMENTS AND REOUESTS Council Member Peterson announced that August 15 is the next Fare for All; August 20 is the next Beyond the Yellow Ribbon meeting; August 29 is the next Red Rock Corridor meeting; August 31 is a fundraising event at West Draw Park; and on September 14, the Cottage Grove Lions Club would be selling brats and beer. Council Member Olsen noted there was a project underway at the intersection of 7ptn Street and Co. Rd. 19 and he wanted to remind people that the businesses at that corner were still open for business. Council Member Thiede stated that the Strawberry Fest Committee was working on planning the Monster Bash events to be held on October 25 and the parade on Cottage Grove City Council I G August 14, 2013 Regular Meeting V October 26. For additional information, go to their website at: cottageg rovestrawberryfest. com. Mayor Bailey personally thanked the public safety staff on the Night to Unite event, the EDA golf outing, and he noted that the Council would be holding a workshop session tonight to finalize the 2014-15 budgets. 11. PAY BILLS MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE PAYMENT OF CHECK NUMBERS 182299 THROUGH 182709 IN THE AMOUNT OF $3,441,270.09 AND EFT PAYMENT OF $148,252.19 (CHECK NUMBERS 182299 - 182623 IN THE AMOUNT OF $1,461,113.05 AND EFf PAYMENT OF $21,336.07 WERE ISSUED PRIOR TO COUNCIL APPROVAL). MOTION CARRIED. 5-0. 12. WORKSHOP SESSION - OPEN TO PUBLIC A. Review the Draft Feasibility Report for the )amaica Avenue (70 Street to Military Road) Street and Utility Improvements Project The Council reviewed the feasibility report for the Jamaica Avenue (70 Street South to Military Road) Street and Utility Improvements. This segment of Jamaica Avenue South is showing significant signs of surface deterioration. The proposed improvements include reconstruction of the existing street, realignment of the Jamaica Avenue/Military Road intersection, and installation of trunk storm sewer and trunk water main. City Engineer Levitt highlighted the required improvements, easements, permits, estimated construction costs, financing, project schedule, and recommendation to Council. There was Council consensus on authorizing staff to proceed with the improvement project as a 2015 project and to have staff consult with Ryland Homes on amending their staging plan to develop to the west versus the north. B. 2014 Budaet City Administrator Schroeder reviewed the information included in the Agenda Packet on levy limits. The Council discussed the new levy limit law and the Minnesota Department of Revenue's interpretation that the City can take the entire amount of our levy multiply it by three percent and then add the debt. Mayor Bailey stated that he has reached out to our legislative group and have asked them to meet with him and City Administrator Schroeder. He stated that they are working on a tentative date to meet in early September. Their intent is to meet on a quarterly basis. If interested, he could schedule a workshop session for the Council to meet with the legislative group. Cottage Grove City Council I� August 14, 2013 Regular Meeting Mayor Bailey stated that what he would like to have is a conversation about levy limits but personally he was fine with what Staff has proposed. The Council then reviewed the items "on the board" to decide which items to add/delete. In order to prepare for the Council's workshop session on August 24, 2013, staff is asking for some direction from the Council. Council consensus was to make the following adjustments: Increase expense for engineering intern (1,395) generai fund portion onl Increase expense for (20,000) General fund portion firefighter/paramedic (full year) oniy-single year ex ense Increase expense for PW project (71,155) Single-year expense. coordinator Must re-budget for 2015 Decrease ex ense for PW intern 15 550 Decrease expense for EAB allotment 62,000 Professional services reduced to $100 000 Decrease expense for Lamar Park water 10,000 Expense goes to Park filtration Future Project fund Increase ex ense for CGAA insurance 5 000 City Administrator Schroeder noted that the total levy increased 3.7 percent. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO CLOSE THE WORKSHOP SESSION — OPEN TO THE PUBLIC. MOTION CARRIED. 5-0. 13. WORKSHOP SESSION — CLOSED TO PUBLIC — None. ADJOURNMENT MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO ADJOURN THE REGU�P,R MEETING AT 11:17 P.M. MOTION CARRIED. 5-0. Prepared by,. Caron M. Stransky City Clerk