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HomeMy WebLinkAbout2013-11-06 MINUTES COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting November 6, 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; Caron Stransky, City Clerk; Robin Roland, Finance Director; Korine 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. th Kimberly Graff, 6628 70 Street South, Cottage Grove, suggested that the Council th establish a task force to look at the long-term safety along 70 Street South. She proposed that the task force include representatives of the City Council, Washington th County, the Planning Commission, and residents who reside along 70 Street. Iris Burbank, 7347 Hidden Valley Trail South, and Elliott Mohler, 1021 Ashland Avenue, St. Paul Park, addressed the Council regarding an upcoming event to be held at Park Senior High School called the “Fight against Hunger”. This is a carnival that she and Elliott have organized and all proceeds for the event will go to the Friends-in-Need Food Shelf. Adam Graff, 7153 Goodview Avenue South, Cottage Grove, also expressed concern th about safety, vehicle speed, and pedestrian crossing along 70 Street South. Mayor Bailey closed Open Forum to the Regular Meeting. CALL TO ORDER – Regular Meeting Cottage Grove City Council 2 November 6, 2013 Regular Meeting The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on November 6, 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. 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; Caron Stransky, City Clerk; Robin Roland, Finance Director; Korine 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 OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 5-0. 2. PRESENTATIONS A. Reserve Officer Academy Graduates Presentation by Officer Adam Pelton Police Officer Adam Pelton highlighted the eight-week 2013 Reserve Officer Academy and introduced the graduates Laura Austgen, Jason Harder, Matthew Jordan, and James Nowack. 3. APPROVAL OF MINUTES A. August 7, 2013 Special Meeting Mayor Bailey accepted the minutes of the August 7, 2013 Special Meeting as presented. B. August 14, 2013 Regular Meeting Cottage Grove City Council 3 November 6, 2013 Regular Meeting Mayor Bailey accepted the minutes of the August 14, 2013 Regular Meeting as presented. C. August 21, 2013 Special Meeting Mayor Bailey accepted the minutes of the August 21, 2013 Special Meeting as presented. 4. CONSENT CALENDAR The Council pulled items C and H from the Consent Calendar for discussion. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: i.PLANNING COMMISSION MEETING OF SEPTEMBER 23, 2013. B. APPROVE A TWO-YEAR AGREEMENT COMMENCING JANUARY 1, 2014 WITH JIMMY’S JOHNNY’S INC., FOR PORTABLE RESTROOM SERVICE. C. APPROVE THE APPOINTMENT OF RICK REDENIUS TO REGULAR STATUS AS FIRE CHIEF/DEPUTY DIRECTOR OF PUBLIC SAFETY EFFECTIVE NOVEMBER 26, 2013. D. APPROVE THE CONTRACT WITH ST. CROIX TREE SERVICE FOR THE PLANTING OF 100 BOULEVARD TREES FOR $27,400. E. AUTHORIZE ENGAGEMENT OF KERN, DEWENTER, VIERE, LTD FOR THE INDEPENDENT AUDIT OF THE CITY’S FINANCIAL RECORDS FOR FISCAL YEAR ENDING DECEMBER 31, 2013. F. AUTHORIZE THE SALE OF A 1988 CHEVROLET CREW CAB PICKUP, (VEHICLE NUMBER 3128) AT AUCTION FROM CRANKYAPE.COM. G. ADOPT RESOLUTION NO. 2013-113, A RESOLUTION APPROVING THE FINAL PAYMENT OF $29,924.31 TO L. S. BLACK CONSTRUCTORS FOR THE HIGHLANDS PARK SPLASH PAD PROJECT. H. APPROVE THE APPOINTMENT OF ALEXANDER THOMPSON AS A STUDENT MEMBER OF THE HUMAN SERVICES/HUMAN RIGHTS COMMISSION. MOTION CARRIED. 5-0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES – None. 6. PUBLIC HEARINGS – None. 7. BID AWARDS – None. Cottage Grove City Council 4 November 6, 2013 Regular Meeting 8. UNFINISHED AND NEW BUSINESS A.Consider Entering into a Letter of Credit with Inver Hills Community College for the Establishment of a Health Safety Innovation and Public Safety Training Facility MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ENTER INTO A LETTER OF INTENT WITH INVER HILLS COMMUNITY COLLEGE FOR THE ESTABLISHMENT OF A HEALTH SAFETY INNOVATION AND PUBLIC SAFETY TRAINING FACILITY ON THE 9.5 ACRE PARCEL LOCATED NORTH OF THE PUBLIC SAFETY/CITY HALL FACILITY, 12800 RAVINE PARKWAY, COTTAGE GROVE. MOTION CARRIED. 5-0. B.1. Consider Approving with Conditions the Preliminary Plat to be Known as nd PHS Cottage Grove, Inc. 2 Addition Creating Two Commercial Lots and One Outlot and 2. Consider Approving with Conditions the Final Plat to be nd Known as PHS/Cottage Grove, Inc. 2 Addition Creating Two Commercial Lots and One Outlot Senior Planner Burbank highlighted the application of PHS/Cottage Grove, Inc., for a preliminary plat to create two commercial lots and one outlot from a parcel of land approximately 7.7 acres in size at Norris Marketplace, th and located south of 80 Street/west of Hadley Avenue. He stated that the Planning Commission reviewed the application and unanimously recommends approval. The Council reviewed the approved site plan for the plat, which would pay for the improvements at the corner, where certain shops would be located, visibility and traffic in the area, and that a water feature is placed in the corner with the monument and landscaping. John Merkins of Presbyterian Homes stated that a water feature was not currently included in the site plan and he asked whether this water feature could be added later. He stated that he thinks they could provide space for a water feature and in the short-term fill it with foreign plants to keep the space available for a future water feature. Senior Planner Burbank suggested adding a condition to the proposed resolution that in the final design, they would incorporate a decorative water feature that may be phased based on the final design that is approved by the City Council. Mayor Bailey agreed with the condition cited by Senior Planner Burbank. Council Member Thiede expressed concern about requiring the water feature as a condition of the project. Cottage Grove City Council 5 November 6, 2013 Regular Meeting Mr. Merkins stated that he would consent to installing a water feature as part of the project and that the design would be agreed upon at a later date. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO ADOPT RESOLUTION NO. 2013-114, A RESOLUTION APPROVING THE PRELIMINARY PLAT NAMED PHS COTTAGE GROVE INC. ND 2 ADDITION. MOTION CARRIED. 5-0. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2013-115, A RESOLUTION ND APPROVING THE FINAL PLAT NAMED PHS COTTAGE GROVE INC. 2 ADDITION. MOTION CARRIED. 5-0. C.Consider Conditionally Approving the Site Plan to Allow for the Construction of a new 12,500 Square Foot Retail Building for G-Will Liquors th to be Built on 1.641 Acres, which is Generally Located South on 80 Street and West of Hadley Avenue Senior Planner Burbank reviewed the application of Grant Rademacher, Rademacher Companies for a site plan review of a new 12,500 square foot retail building for G-Will Liquors to be built on 1.641 acres in Norris th Marketplace, located south of 80 Street South and west of Hadley Avenue South. The Planning Commission unanimously recommended approval of the Site Plan. Senior Planner Burbank advised the Council that the current sign ordinance allows for up to 30 percent of window space on commercial properties to be used for advertising on the inside of the structure. Jim Cast of G-Will Liquors stated that due to the fact that they do not have the ability to have a typical monument or boulevard type sign, their intention is to use the windows for advertising. They do not generally paint on the windows; they would post prices on posters and hang the posters in the windows. City Attorney Land stated that the applicant is not here asking for a variance, they are asking for a conditional use permit and for site plan approval, and they comply with every single ordinance provision in our site plan ordinance. It is difficult to put conditions on them when they aren’t seeking anything from the Council except for approval of the site plan that complies with our Code. They have to comply with the sign ordinance and if they do that she did not know if there was anything else that the City could do about it. If they want to have signs in every window that meet 30 percent of each window pane, they could do that. Cottage Grove City Council 6 November 6, 2013 Regular Meeting MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER LEHRKE, TO ADOPT RESOLUTION NO. 2013-116, A RESOLUTION APPROVING THE SITE PLAN FOR A NEW 12,500 SQUARE FOOT RETAIL BUILDING FOR G-WILL LIQUORS TO BE BUILT ON A 1.641 ACRE COMMERCIAL PARCEL IDENTIFIED AS LOT 1, BLOCK 1, PHS COTTAGE ND GROVE INC. 2 ADDITION. MOTION CARRIED. 4-1 WITH MAYOR BAILEY VOTING NAY. D.1. Consider Adopting a Zoning Ordinance Text Amendment to Allow for the Expansion of Nonconforming Uses Under Certain Circumstances. 2. Consider Approving a Conditional Use Permit with Conditions for the Expansion of the Nonconforming Use at 11730 Point Douglas Drive South to Include a 30-Foot by 60-Foot Addition to the North Side of the Principal Structure on the Property and a 16-foot by 200-foot roofed linear storage rack. Senior Planner Burbank reviewed the application of 61 Marine & Sports for a zoning ordinance text amendment to allow for the expansion of nonconforming uses under certain circumstances and a conditional use permit for the expansion of a nonconforming use at 11730 Point Douglas Drive South. The proposed expansion involves a 30-foot by 60-foot addition onto the main building on the site, which would accommodate additional indoor sales floor/display area. Al Stewart, 9435 Kimbro Avenue South, Cottage Grove, the applicant, stated that the building is going to be the exact same height and the same color as the existing building. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO PASS ORDINANCE NO. 920, AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING CHAPTER 11-3-1A, NONCONFORMING USES AND STRUCTURES, OF THE COTTAGE GROVE CITY CODE, TO ALLOW FOR THE EXPANSION OF NONCORMING USES UNDER CERTAIN CIRCUMSTANCES. MOTION CARRIED. 5-0 MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2013-117, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF THE NONCONFORMING USE AT 11730 POINT DOUGLAS ROAD SOUTH TO INCLUDE A 30-FOOT BY 60-FOOT ADDITION TO THE NORTH SIDE OF THE PRINCIPAL STRUCTURE ON THE PROPERTY AND A 16-FOOT BY 200-FOOT ROOFED LINEAR STORAGE RACK, SUBJECT TO CERTAIN CONDITIONS. Council Member Lehrke stated that he would be abstaining from this motion even though it was highly unlikely that in the future he would have a personal interest or a financial interest that would derive from this decision. Cottage Grove City Council 7 November 6, 2013 Regular Meeting MOTION CARRIED. 4-0-1 WITH COUNCIL MEMBER LEHRKE ABSTAINING. E.1. Consider Approval of the Proposed Water Tank Professional Service Contract from SEH and Classic Protective Coatings for the 1.0 MG Fluted Column in 2014 in the amount of $793,500. 2. Consider Deferring Action on the Proposed Water Tank Professional Service Contract from SEH and Classic Protective Coatings for the 3.0 MG Standpipe in 2015 in the amount of $936,000 Public Works Director Burshten reviewed the recommendation to enter into a contract with SEH and Classic Protective Coatings to paint the 1.0 Fluted Column in 2014 and the recommendation to defer action on the proposed contract to paint the 3.0 MG Standpipe in 2015. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER LEHRKE, TO ADOPT RESOLUTION NO. 2013-118, A RESOLUTION APPROVING THE PROPOSED 1.0 MG WEST DRAW WATER TOWER PROFESSIONAL SERVICES AGREEMENT BY SEH DESIGN BUILD. MOTION CARRIED. 5-0. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER LEHRKE, TO DEFER ACTION ON THE SERVICE CONTRACT WITH SEH AND CLASSIC PROTECTIVE COATINGS FOR THE 3.0 MG TANK. Council Member Olsen stated that he would like to approve the service contract for the 3.0 MG tank tonight and would be voting no on the motion. MOTION CARRIED. 3-2 WITH COUNCIL MEMBER OLSEN AND COUNCIL MEMBER PETERSON VOTING NAY. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS – None. 10. COUNCIL COMMENTS AND REQUESTS MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY MAYOR BAILEY, TO DISCUSS COMMERCIAL MAINTENANCE AND STANDARDS AT THE STRATEGIC PLANNING SESSION IN JANUARY 2014. MOTION CARRIED. 5-0. Council Member Peterson stated that the next Fare for All is November 7 and the next Beyond the Yellow Ribbon meeting is November 19. MOTION BY MAYOR BAILEY, SECONDED BY COUNCIL MEMBER OLSEN, TO DISCUSS THE CITY’S SIGN ORDINANCE REGULATIONS AT THE STRATEGIC PLANNING SESSION IN JANUARY 2014. MOTION CARRIED. MAYOR BAILEY AMENDED HIS MOTION TO HAVE THE PLANNING COMMISSION Cottage Grove City Council 8 November 6, 2013 Regular Meeting REVIEW THE CITY’S SIGN ORDINANCE REGULATIONS. THE AMENDMENT WAS SECONDED BY COUNCIL MEMBER OLSEN. VOTE ON MOTION AS AMENDED, MOTION CARRIED. 5-0. Mayor Bailey announced that on November 12 there will be a press conference on the Canadian Pacific Holiday Train event; on November 17 the Holiday Train Committee would be bagging groceries at Cub Foods; November 28 is the Hail to the Bird event at Hamlet Park; December 4 is the tree lighting ceremony at City Hall; December 8 is Breakfast with Santa at River Oaks Golf Course; and December 9 is the holiday lights nomination deadline. 11. PAY BILLS MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE PAYMENT OF CHECK NUMBERS 183512 to 183760 IN THE AMOUNT OF $1,237,986.21 AND EFT PAYMENT OF $6,029.00. (CHECK NUMBERS 183512-183568 IN THE AMOUNT OF $243,565.19 AND EFT PAYMENT OF $6,029.00 WERE ISSUED PRIOR TO COUNCIL APPROVAL). MOTION CARRIED. 5-0. 12. WORKSHOP SESSION – OPEN TO PUBLIC A. Receive Information Regarding Expansion of Residential Garbage Haulers for the City of Cottage Grove Public Works Director Burshten stated that at the September 16 Public Works Commission meeting, the Commission voted (3-2) rejecting staff’s recommendation to not allow an additional hauler. They asked that this come back to the Council for consideration to go with a single hauler, an additional hauler and to find out where the Council wanted us to go with this or if you had any direction. Management Assistant Mosier reviewed a power point presentation covering the following: The current hauling system o Impact garbage trucks have on the road o Traffic counts o Total active accounts o Solid waste hauler rates o Difficulties obtaining all solid waste hauler rates o Estimated average waste and recycling rates for cities per month- o base and full rates Average rate in Cottage Grove o Difference between total average and Cottage Grove average; and o Conclusion – o Adding another hauler is estimated to increase emissions,  decrease aesthetics and add truck traffic Cottage Grove City Council 9 November 6, 2013 Regular Meeting Our current system works adequately. Two of the current  haulers do not overlap routes which saves deterioration of the roads Using MNDOT’s formula of one garbage truck equals an  estimated 1,000 car trips, it does not make sense to add another hauler to our streets If the City were to add an additional hauler, an estimated 35-  45 percent more damage would be done to the roads due to garbage, recycling, and yard waste trucks Council Member Thiede commented that he read an article in the St. Paul Pioneer Press today on the City of Woodbury and how their roads were significantly deteriorating with premature crackling. Public Works Director Burshten stated that they haven’t decided what is causing the problem, it could be a variety of oils, mix, or it has something to do with the recycling material used. It seems to be within a certain time frame that would be somewhere between the late 1980’s into the mid- 1990’s. No one knows what caused the problem. With this problem, we wouldn’t want to put more trucks on the road. Mayor Bailey stated that he would not be in favor of expanding the number of haulers to license. If we were to do anything, he would look into going with a single hauler. Council Member Lehrke stated that we keep saying that we have three haulers but in his opinion, we don’t have three independent haulers. You really only have two choices. Greg Tennis stated that Washington County has to pay a 37.5 percent tax. Council Member Lehrke stated that his point he would be interested to have the conversation about single-hauling. He does not know if he would support it in the end but he would be happy to entertain it. With that being said, he does not think staying with the current system is right. He would for sure go one way or the other to provide an opportunity either to have competition in Cottage Grove or to go with a single-hauler. We don’t have much for competition. Greg Tennis of Tennis Sanitation stated that he could guarantee that they have the cheapest rates in the twin cities. Council Member Lehrke stated that even if we stay with the current system, he thinks that we should either go with two haulers – Waste Management and Tennis Sanitation or at least be frank about what is going on because the reason people are not upset is they are hearing that they have three choices. He stated that it is misleading to tell people that they have three choices when there is no third choice. Cottage Grove City Council 10 November 6, 2013 Regular Meeting Council Member Olsen stated that staff was looking for a recommendation from the Council and a consensus. He stated that he thinks we should leave the ordinance as is. Council Member Thiede, Mayor Bailey and Council Member Peterson agreed. 13. WORKSHOP SESSION – CLOSED TO PUBLIC – None. ADJOURNMENT MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADJOURN THE REGULAR MEETING AT APPROXIMATELY 11:15 P.M. MOTION CARRIED. 4- 1 WITH COUNCIL MEMBER LEHRKE VOTING NAY. Prepared by, Caron M. Stransky City Clerk