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HomeMy WebLinkAbout2013-10-02 MINUTES 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, Minnesota, held a regular meeting on October 2, 2013 at the Cottage Grove City Hall, 12800 Ravine Parkway, Cottage Grove. Mayor Bailey called the regular 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. Cottage Grove City Council 2 October 2, 2013 Regular Meeting 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. 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 th 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 th the temporary improvements that Washington County would make to 70 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 Meeting 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 3 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 COTTAGE 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. C. AUTHORIZE THE ISSUANCE OF A SINGLE-OCCASION GAMBLING PERMIT TO THE COTTAGE GROVE CRIME BOARD TO CONDUCT A RAFFLE AT THE TH 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 TH 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 PROJECT 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 RD REQUESTS FOR STOP SIGNS AT 83 STREET SOUTH AND JERGEN AVENUE AND AT HILLSIDE TRAIL SOUTH AND JENNER LANE SOUTH. MOTION CARRIED. 5-0. Cottage Grove City Council 4 October 2, 2013 Regular Meeting 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES A. Receive Response to Previously Raised Open Forum Issues Regarding VFW Charitable Gambling Contributions and City of Cottage Grove Gambling 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 th 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. th 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 5 October 2, 2013 Regular Meeting 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 Management 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 6 October 2, 2013 Regular Meeting 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, th 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 A.Consider Approving a Variance to Allow for a 1,080 Square-Foot Detached th Accessory Structure at 6192 65 Street South as a Conditional Use; Consider Approving a Conditional Use Permit Allowing Oversized th 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 th 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 7 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 th 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. th 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 8 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 TH 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 TH 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 TH 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 EFT PAYMENT OF $6,029.00. (CHECK NUMBERS Cottage Grove City Council 9 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. ADJOURNMENT 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