HomeMy WebLinkAbout2013-12-18 PACKET 03.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 12/18/201
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PREPARED BY: City Clerk Caron Stransky
ORIGINATING DEPARTMENT DEPARTMENT HEAD
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-------- COUNCIL ACTION REQUES
City Council Meeting Minutes Approval—October 2, 2013 Regular Meeting.
STAFF RECOMMENDATION
Approve draft minutes.
SUPPORTING DOCUMENTS:
❑ MEMO/LETTER:
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: Draft minutes.
ADMINISTRATORS COMMENTS
Haministrator
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Date
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COTTAGE GROVE CITY COUNCIL
City of Cottage Grove, Minnesota
Regular Meeting
October 2, 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 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.
Mike Martin, Gambling Manager at the Cottage Grove VFW, voiced concern about their
gambling contributions going to the Fourth of July Fireworks Display sponsored by the
Cottage Grove Lions Club.
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,
regular meeting on October 2, 2013 at the Cottage Grove City Hall,
Parkway, Cottage Grove.
Mayor Bailey called the regular meeting to order at 7:30 p.m.
PLEDGE OF ALLEGIANCE
Minnesota, held a
12800 Ravine
The audience, staff and the Mayor and Council Members pledged allegiance to the flag
of the United States of America.
CITY OF COTfAGE GROVE • 12800 Ravine Parkway • Cottage Grove, Minnesota 55016
www.cottage-grove.org • 651-458-2800 • Fax 651-458-2897 • Equal Opportunity Employer
Cottage Grove City Council I�
October 2, 2013 Regular Meeting
ROLL CALL
The following were present: Mayor Myron Bailey, Council Member Derrick Lehrke,
Council Member Justin Olsen, Counci) Member Jen Peterson, and Counci) 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 presided over the meeting.
1. ADOPTION OF AGENDA
MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER
THIEDE, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 5-0.
2. PRESENTATIONS
A. Presentation by Washington County on 70 Street Striping and Lane
Configuration
Washington County Commissioner Autumn Lehrke and County Engineer
Wayne Sandberg, addressed the City Council and Mr. Sandberg described
the temporary improvements that Washington County would make to 70tn
Street South between Granada and Hardwood Avenues.
B. Presentation by SD833 Superintendent Jacobus
Superintendent Jacobus highlighted the levy questions included on the
November 5 election ballot.
3. APPROVAL OF MINUTES
A. August 7, 2013 Special Meetinq
Mayor Bailey accepted the minutes of the August 7, 2013 Regular Meeting
as presented.
4. CONSENT CALENDAR
The City Council pulled and briefly discussed items F and G.
MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER
PETERSON, TO:
A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES:
Cottage Grove City Council I�
October 2, 2013 Regular Meeting
I. PUBLIC WORKS COMMISSION MEETING OF AUGUST 19, 2013;
II. PLANNING COMMISSION MEETING OF AUGUST 26, 2013; AND
III. PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION
MEETING OF JUNE 10, 2013.
B. AUTHORIZE THE ISSUANCE OF A TEMPORARY INTOXICATING LIQUOR
LICENSE TO THE COTfAGE GROVE LIONS CLUB FOR A FUNDRAISING
EVENT ON OCTOBER 20, 2013 AT THE HOPE GLEN FARMS LOCATED AT
-- - 10276 EAST POINT DOUGLAS ROAD, COTTAGE GROVE, TO BENEFIT THE - - '
FRIENDS IN NEED FOOD SHELF. I
C. AUTHORIZE THE ISSUANCE OF A SINGLE-OCCASION GAMBLING PERMIT
TO THE COTTAGE GROVE CRIME BOARD TO CONDUCT A RAFFLE AT THE
ALMAR BUSINESS DISTRICT, COUNTY ROAD 19 AND 70 STREET
SOUTH, ON OCTOBER 26, 2013.
D. AUTHORIZE THE ISSUANCE OF A SINGLE-OCCASION GAMBLING PERMIT
TO NUEVAS FRONTERAS SPANISH IMMERSION PARENT TEACHER
STUDENT ORGANIZATION TO CONDUCT BINGO AT 7830 80 STREET
SOUTH, ON NOVEMBER 15, 2013.
E. AUTHORIZE THE ISSUANCE OF A SINGLE-OCCASION GAMBLING PERMIT
TO THE EAST RIDGE ATHLETIC ASSOCIATION TO CONDUCT A RAFFLE
AND BINGO AT RIVER OAKS GOLF COURSE, 11099 HIGHWAY 61,
COTTAGE GROVE, ON NOVEMBER 16, 2013.
F. PASS ORDINANCE NO. 919, AN ORDINANCE AMENDING TITLE 6,
CHAPTER 2, SECTION 1 OF THE COTTAGE GROVE CITY CODE RELATING
TO ON-STREET PARKING, AND TO DELAY ENFORCEMENT OF THE
ORDINANCE BY THE PUBLIC SAFETY DEPARTMENT FOR 30 DAYS.
ADOPT RESOLUTION NO. 2013-101, A RESOLUTION AUTHORIZING
PUBLICATION OF ORDINANCE NO. 919 BY TITLE AND SUMMARY.
G. ADOPT RESOLUTION NO. 2013-102, A RESOLUTION AWARDING THE
QUOTE FOR THE LOW ZONE BOOSTER STATION CONSTRUCTION
PRO)ECT TO VALLEY-RICH COMPANY, INC., IN THE AMOUNT OF $94,000.
H. APPROVE THE ASSESSMENT APPEAL WAIVER AGREEMENT FOR LOTS 24
AND 25, BLOCK 3, HOMESTEAD AT HIGHLAND HILLS IMPROVEMENT
PROJECT BETWEEN THE CITY OF COTTAGE GROVE AND THOMAS AND
NICOLLE HREN.
I. ADOPT RESOLUTION NO. 2013-103, A RESOLUTION APPROVING
REQUESTS FOR STOP SIGNS AT 83 STREET SOUTH AND 7ERGEN
AVENUE AND AT HILLSIDE TRAIL SOUTH AND JENNER LANE SOUTH.
MOTION CARRIED. 5-0.
Cottage Grove City Council I^
October 2, 2013 Regular Meeting `t
5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES
A. Receive Response to Previouslv Raised Open Forum Issues Regarding VFW
Charitable Gamblina Contributions and City of Cottage Grove Gamblinq
Fund Expenditures
The Council received the response from City Administrator Schroeder
regarding VFW charitable gambling contributions and the City of Cottage
- - - Grove Gambling Fund expenditures:- - - - - - -
MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER
LEHRKE, TO DISCUSS THIS AT A FUTURE CITY COUNCIL WORKSHOP
SESSION. MOTION CARRIED. 5-0.
6. PUBLIC HEARINGS
A. Hold the Public Hearing for the Hinton Avenue Reclamation Project and
Consider Adopting Assessments for the Project
City Engineer Levitt stated that this improvement project included the
following elements:
1. Reclamation of the bituminous road surface with spot curb
replacement.
2. Replacement of the existing bituminous trail and expansion of the
bituminous trail from 70 Street to the Cottage Grove trail corridor.
3. Installation of ADA pedestrian ramps at all intersections.
4. Street lighting improvements along Hinton Avenue.
5. ADA traffic signal upgrades at 80 Street and Hinton Avenue.
City Engineer Levitt then reviewed the project costs, funding, and
payment options.
City Attorney Land highlighted the three steps that a property owner must
follow to contest their assessment. They are: (a) file a written objection
by tonight with the Mayor or Acting City Clerk; (b) Within 30 days from
today, serve a notice on the Mayor or City Clerk of their intent to appeal;
and (c) Within 10 days of that date, the property owner needs to file an
objection with the District Court and pay all required fees.
Mayor Bailey stated that there were pink sheets in the hallway that a
property owner could complete if they would like to contest their
assessment.
City Engineer Levitt recommended that the Council hold the public hearing
and adopt the assessment roll for the Hinton Avenue Reclamation Project.
Mayor Bailey opened the public hearing for the Hinton Avenue
Reclamation Project and asked if anyone in attendance would like to
speak noting that each person has three minutes to speak.
Cottage Grove City Council I G
October 2, 2013 Regular Meeting v
Glen Hammerly, 7546 Hinton Park Avenue South, Cottage Grove, stated
that his only concern was that it did not seem like the project was
complete, specifically the street lighting.
Finance Director Roland stated that her Department would be mailing out
an invoice that would be property specific, it would identify the dollar
amount owed, and the due date.
Mayor Bailey closed the public hearing.
MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER
THIEDE, TO ADOPT RESOLUTION NO. 2013-104, A RESOLUTION
ADOPTING ASSESSMENTS FOR THE HINTON AVENUE RECLAMATION
IMPROVEMENT PROJECT. MOTION CARRIED. 5-0.
The Council took a five-minute break and reconvened at 9:06 p.m.
B. Hold the Public Hearing for the 2013 Pavement Manaaement Project and
Consider Adopting Assessments for the Project
City Engineer Levitt highlighted the various improvements associated with
the project. She stated that the improvements included a full reconstruct
with curb replacement; a mill and overlay with spot curb replacement;
and a project partnered with the South Washington Watershed District
with a dual sanitary sewer line and storm pipe.
City Engineer Levitt then presented some pictures of the enhancements
that have been made to the roadway infrastructure. Many residents re-did
their driveways and received a credit from the City; there were drainage
issues corrected; mailbox areas were banked, the pads were fixed, and
there were park improvements at Kingston Park with a new�trail, parking
lot improvements, and the addition of a park shelter.
City Engineer Levitt then reviewed the construction concerns that have
been expressed by residents. They were in regards to the quality of work
performed; manhole structures; white paint in driveways; damage to new
curb; asphalt mats; street lights; top soil and seed; and the bituminous
course.
City Engineer Levitt then reviewed the project cost, the funding sources
and the proposed assessment based on the assessment policy and the
payment options.
City Attorney Land highlighted the three steps that a property owner must
follow to contest their assessment. They are: (a) file a written objection
by tonight with the Mayor or Acting City Clerk; (b) Within 30 days from
today, serve a notice on the Mayor or City Clerk of their intent to appeal;
and (c) Within 10 days of that date, the property owner needs to file an
objection with the District Court and pay all required fees.
Cottage Grove City Council I G
October 2, 2013 Regular Meeting V
City Attorney Land then highlighted errors in the objection form that
property owners received and signed in February 2013.
Mayor Bailey stated that the project manager was in attendance and was
in the meeting room opposite the Council Chamber should anyone have
any questions or concerns. Also, if anyone wished to file an objection to
the assessments, there were pink slips outside the Council Chamber that
property owners could fill out and give to the Acting City Clerk. - -
City Engineer Levitt recommended that the Council hold the public hearing
and adopt the assessment roll for the 2013 Pavement Management
Project.
Mayor Bailey opened the public hearing for the 2013 Pavement
Management Project and asked if anyone in attendance would like to
speak noting that each person has three minutes to speak.
The Council heard testimony from Richard Keiper, 9102 Indian Blvd
South, Ted Ziegelmann, 7700 Jasmine Avenue South, and John Jaso,
9120 79 Street South, on the quality of work performed by the
contractor.
Mayor Bailey asked if anyone else wished to speak at this time and City
Engineer Levitt responded to resident questions.
Mayor Bailey closed the public hearing.
MOTION BY COUNCIL MEMER OLSEN, SECONDED BY COUNCIL MEMBER
TO ADOPT RESOLUTION NO. 2013-105, A RESOLUTION ADOPTING THE
ASSESSMENT ROLL FOR THE 2013 PAVEMENT MANAGEMENT
IMPROVEMENT PROJECT. MOTION CARRIED. 4-1 WITH COUNCIL MEMBER
LEHRKE VOTING NAY.
7. BID AWARDS - None.
8. UNFINISHED AND NEW BUSINESS
I�
Accessory Structure at 6192 65"' Street South as a Conditional UsE
Consider Approving a Conditional Use Permit Allowing Oversized
Accessory Structures at 6192 65 Street South which is within the
Metropolitan Urban Service Area (MUSA�
City Engineer Levitt stated that the City received an application from
Richard Leicht of 6192 65 Street South for a variance to allow for a
1,080 square foot detached accessory structure to be constructed as a
conditional use within the Metropolitan Urban Service Area (MUSA), which
is in excess of the 20 percent maximum size increase permitted by City
Code.
Cottage Grove City Council I�
October 2, 2013 Regular Meeting
City Engineer Levitt noted that the applicant was requesting that the
1,080 square foot detached accessory structure that was previously
constructed on the site without a building permit be allowed to remain via
the required variance and conditional use permit. This would be in
addition to an existing 2,480 square foot accessory structure that was
constructed in 2003 with a building permit.
-- - City Engineer Levitt-noted that the recommended course of action was to --
process a post-construction variance application which includes an $800
application fee, 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.
The building staff recommends that the financial guarantee amount to
ensure the future removal of the structure be $4,000. The restrictive
covenant and escrow were recommended by the City Attorney as a means
in which the City could guarantee removal of the structure when the
appropriate trigger has been met. The draft restrictive covenant is
attached to the Agenda item and includes the platting of the land adjacent
to the applicants' property into developable lots as the trigger for removal
of the building.
City Engineer Levitt noted that the applicant has reviewed and signed the
covenant, anticipating a favorable Council action to the variance request
and conditional use permit application.
The Planning Commission reviewed the application at their September 23
meeting and recommends that the City Council approve the variance to
allow for a 1,080 square foot detached accessory structure at 6192 65
Street South as a conditional use, based on the established findings of
fact and subject to conditions that are in the staff report and resolution.
There was discussion on the fees imposed for the variance, conditional
use permit, and the building-post construction fee.
Richard Leicht, 6092 65 Street South, Cottage Grove stated that it cost
him $1,400 for a conditional use permit and $1,000 for escrow, $800 is
for the variance and about $850 for the double building permit fee for a
total of about $3,000.
Council Member Thiede stated that the reason we are in this mess is
because Mr. Leicht actually built something before he came in for the
conditional use permit, right? Mr. Leicht responded yes.
Council Member Lehrke stated that he was wondering what you were
thinking when you started building the pole barn without a permit. You
had to know that there was something involved. Mr. Leicht responded yes
and he explained a bad experience he had with the City Planners.
Cottage Grove City Council I Q
October 2, 2013 Regular Meeting ��
MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER
PETERSON, TO ADOPT RESOLUTION NO. 2013-106, A RESOLUTION
GRANTING A VARIANCE FROM CITY CODE TITLE 11-3-3E TO ALLOW FOR
A 1,080 SQUARE FOOT DETACHED ACCESSORY STRUCTURE AT 6192 65
STREET AS A CONDITIONAL USE AND THAT WE PROVIDE FOR A$400
CREDIT ON THE FEES THAT HAVE BEEN PAID. MOTION FAILED. 2-3 WITH
COUNCIL MEMBER LEHRKE, COUNCIL MEMBER THIEDE, AND MAYOR
BAILEY VOTING NAY.
_ ._. ___
MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER
THIEDE, TO ADOPT RESOLUTION NO. 2013-106, A RESOLUTION
GRANTING A VARIANCE FROM CITY CODE TITLE 11-3-3E TO ALLOW FOR
A 1,080 SQUARE FOOT DETACHED ACCESSORY STRUCTURE AT 6192 65
STREET AS A CONDITIONAL USE WITHIN THE METROPOLITAN URBAN
SERVICE AREA (MUSA). MOTION CARRIED. 5-0.
MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER
THIEDE, TO APPROVE OPTION 2 TO ADOPT RESOLUTION NO. 2013-107,
A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT TO ALLOW
FOR A 1,080 SQUARE FOOT ACCESSORY STRUCTURE IN ADDITION TO
THE EXISTING 2,480 SQUARE FOOT ACCESSORY STRUCTURE LOCATED
AT 6192 65 STREET SOUTH, SUBJECT TO THE CONDITIONS
STIPULATED IN THE RESOLUTION. MOTION CARRIED. 5-0.
9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS -
None.
10. COUNCIL COMMENTS AND REQUESTS
Mayor Bailey noted that October 5 is the WAG Farms fundraiser; October 18 is
the Fall Festival at River Oaks Golf Course; October 20 is Oktoberfest sponsored
by the Holiday Train Committee; October 25 is the Monster Bash sponsored by
the Strawberry Fest Committee; and on October 26 is the Halloween Parade
sponsored by the Strawberry Fest Committee.
MOTION BY MAYOR BAILEY, SECONDED BY COUNCIL MEMBER OLSEN, TO
DIRECT STAFF TO TEST THE SOIL ON THE BACKSIDE OF THE CURB IN FUTURE
PAVEMENT MANAGEMENT PROJECTS. MOTION CARRIED. 5-0.
Council Member Peterson noted that November 10 is the final Farmer's Market at
Cottage Grove United Church of Christ; the next Fare for All would be at All
Saints Church; on October 28 the Human Services/Human Rights Commission
would be holding a fundraiser at Carbone's Pizza, and on October 12 the Fire
Department has an open house at Fire Station No. 2.
11. PAY BILLS
MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER
THIEDE, TO APPROVE PAYMENT OF CHECK NUMBERS 183130 to 183318 IN THE
AMOUNT OF $3,069,563.85 AND EFf PAYMENT OF $6,029.00. (CHECK NUMBERS
Cottage Grove City Council I n
October 2, 2013 Regular Meeting �
183130 - 183166 IN THE AMOUNT OF $264,774.96 AND EFT PAYMENT OF
$6,029.00 WERE ISSUED PRIOR TO COUNCIL APPROVAL). MOTION CARRIED.
5-0.
12. WORKSHOP SESSION - OPEN TO PUBLIC - None.
13. WORKSHOP SESSION - CLOSED TO PUBLIC - None.
._ __ AD)OURNMENT _ _ __ __ _
MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON,
TO ADJOURN THE REGULAR MEETING AT APPROXIMATELY 10:15 P.M. MOTION
CARRIED. 5-0.
Prepared by,
Caron M. Stransky
City Clerk