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HomeMy WebLinkAbout2013-11-20 MINUTES COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting November 20, 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 Justin Olsen, Council Member Jen Peterson, and Council Member Dave Thiede. The following were absent: Council Member Derrick Lehrke. Also present were: Ryan Schroeder, City Administrator; 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. 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 November 20, 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: Council Member Derrick Lehrke, Council Member Justin Olsen, Council Member Jen Peterson, and Council Member Dave Thiede, and Mayor Myron Bailey. Cottage Grove City Council 2 November 20, 2013 Regular Meeting 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 – None. 3. APPROVAL OF MINUTES A. September 4, 2013 Special Meeting Mayor Bailey accepted the minutes of the September 4, 2013 Special Meeting as presented. B. September 4, 2013 Regular Meeting Mayor Bailey accepted the minutes of the September 4, 2013 Regular Meeting as presented. 4. CONSENT CALENDAR The Council pulled items C, J, and K for discussion purposes and removed item D from the consent calendar for a separate vote. Mark Anfinson, attorney representing Hugh Gibson, stated his client had serious concerns about the plans that call for a network of paved trails throughout the park. He stated that the official Master Plan for the Gateway North Park and Open Space Area embodied these principles. The concern is that the Master Plan discourages paved trails. On page 15 of the Plan, it states, “trails should connect entry points with destinations such as overlooks with as little impact to the site as possible. While EDA guidelines should be met, pavement must be used only where absolutely necessary.” MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM D, WHICH WILL BE REMOVED FOR A SEPARATE CONVERSATION AND VOTE. A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: Cottage Grove City Council 3 November 20, 2013 Regular Meeting i. ENVIRONMENTAL COMMISSION MEETING OF MAY 8, 2013 AND SEPTEMBER 16, 2013. B. ADOPT RESOLUTION NO. 2013-119, A RESOLUTION AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF $15,840.96 TO HARDRIVES, INC., FOR THE PRESERVE AT COTTAGE GROVE IMPROVEMENT PROJECT. C. ADOPT RESOLUTION NO. 2013-120, A RESOLUTION AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF $23,249.52 TO HARDRIVES, INC., FOR THE 2011 PAVEMENT MANAGEMENT PROJECT. D. REMOVED FROM CONSENT CALENDAR. E. APPROVE THE MUTUAL AID AMBULANCE SERVICE AGREEMENT BETWEEN THE CITY OF COTTAGE AND THE LOWER ST. CROIX VALLY FIRE DEPARTMENT COMMENCING JANUARY 1, 2014. F. ACCEPT THE GRANT IN THE AMOUNT OF $10,107.09 FROM THE U.S. DEPARTMENT OF JUSTICE BULLETPROOF VEST PARTNERSHIP (BVP) PROGRAM TO COVER ONE-HALF OF THE COSTS TO PURCHASE 18 BULLETPROOF VESTS. G. ADOPT RESOLUTION NO. 2013-121, A RESOLUTION AUTHORIZING THE DEFERRAL OF SPECIAL ASSESSMENTS FOR PROPERTIES LOCATED AT 9493 INDIAN BLVD SOUTH, 7420 JEFFERY LANE SOUTH, 7486 HINTON PARK SOUTH, AND 7442 HINTON PARK SOUTH. H. ADOPT RESOLUTION NO. 2013-122, A RESOLUTION ACCEPTING THE DONATION OF AN 8X24 PACE TRAILER FOR THE FIRE DIVISION VALUED AT $9,623.00. I.APPROVE THE AMBULANCE BILLING CONTRACT AND HIPAA BUSINESS ASSOCIATE ADDENDUM BETWEEN THE CITY OF COTTAGE GROVE AND EXPERT T. BILLING, INC., FOR 2014-2015. J. RECEIVE THE AMBIENT AIR MONITORING REPORT AT THE 3M COTTAGE GROVE FACILITY FOR THE FIRST QUARTER SECOND YEAR RESULTS. K. ADOPT RESOLUTION NO. 2013-123, A RESOLUTION TO WASHINGTON COUNTY IN SUPPORT OF THE AUTHORIZATION OF THE COMMISSIONER OF TRANSPORTATION TO PERFORM AN ENGINEERING AND TRAFFIC INVESTIGATION TO DETERMINE THE REASONABLE AND SAFE SPEED AT TH (1) COUNTY STATE AID HIGHWAY 22 (70 STREET SOUTH) BETWEEN TRUNK HIGHWAY 61 AND TRUNK HIGHWAY 95 (MANNING AVENUE SOUTH); AND (2) COUNTY STATE AID HIGHWAY 19 (KEATS AVENUE SOUTH) FROM INDIAN BLVD SOUTH TO A POINT APPROXIMATELY 1,000 FEET NORTH OF COUNTY STATE AID HIGHWAY 20 (MILITARY ROAD SOUTH). Cottage Grove City Council 4 November 20, 2013 Regular Meeting L. ADOPT RESOLUTION NO. 2013-124, A RESOLUTION CERTIFYING DELINQUENT UTILITY BILLS. M. ADOPT RESOLUTION NO. 2013-125, A RESOLUTION APPROVING THE TH FINAL PLAT NAMED EVERWOOD 4 ADDITION. ADOPT RESOLUTION NO. 2013-126, A RESOLUTION APPROVING THE FEASIBILITY REPORT DATED OCTOBER 9, 2013, AND THE CONSTRUCTION TH PLANS AND SPECIFICATIONS FOR THE FINAL PLAT NAMED EVERWOOD 4 ADDITION PREPARED BY STANTEC. ADOPT RESOLUTION NO. 2013-127, A RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT WITH MJR DEVELOPERS, LLC AND ASPEN TH GROVE, LLC, FOR THE DEVELOPMENT OF THE EVERWOOD 4 ADDITION. N. AUTHORIZE THE ISSUANCE OF A SINGLE-OCCASION GAMBLING PERMIT TO THE COTTAGE GROVE CRIME PREVENTION BOARD TO CONDUCT A RAFFLE AND TIPBOARDS AT THE COTTAGE GROVE VFW POST 8752 ON JANUARY 18, 2014. MOTION CARRIED. 5-0. The City Council reviewed the draft letter that staff prepared commenting on Washington County’s 2014-2018 Capital Improvements Plan (CIP). Mayor Bailey stated that the draft letter does not mention the future plans for th 65 Street South. He thought we had an agreement with the County that they th would mill and overlay 65 Street South and then in the future they would bring th the road up to City standards; however, 65 Street South is not in the County’s CIP plan. City Administrator Schroeder stated that on page two of the letter under Jamaica th Avenue, the last sentence addresses 65 Street South. It states that, “As part of th the jurisdictional transfer, the County will need to review the condition of 65 Street South and the safety enhancements that will need to be made in order for the City to take over ownership”. He stated that he could amend the letter to state that, “the County had previously requested and completed an interim roadway improvement delaying a full depth reconstruction”. th Council Member Peterson expressed concern about 70 Street South and the projected timing of the project. The plan says that the improvements are expected or slotted for 2017. She stated that she would like to make sure that we include a specific year. City Administrator Schroeder stated that on page one of the letter under road and bridge improvements, the third line says that, “the City is requesting safety enhancements that are programmed for 2017 be moved forward”. He stated that he could amend the letter to move the improvements up to 2015. Cottage Grove City Council 5 November 20, 2013 Regular Meeting Council Member Thiede stated that he would like to see signals installed at th Meadow Grass to allow people to get across 70 Street South. Mayor Bailey asked if staff had an understanding of where the Council was going with this. City Administrator Schroeder stated that currently we are staging Jamaica Avenue South for 2015. th Council Member Olsen stated that he would recommend widening 70 Street South in 2016. Council Member Peterson stated that she would recommend 2015. Council Member Thiede stated that the signalization at Meadow Grass should be in 2014 because the bike park is going to open and there is going to be a lot of th people crossing 70 Street South. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO AUTHORIZE SUBMISSION OF A RESPONSE LETTER TO WASHINGTON COUNTY TO COMMENT ON THEIR 2014-2018 CAPITAL IMPROVEMENT PLAN AS DISCUSSED. MOTION CARRIED. 5-0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES th A. Receive Response Regarding 70 Street Corridor – Kimberly Graff th The Council received a response to Kimberly Graff of 6628 70 Street South, Cottage Grove, for concerns she raised at the November 6 meeting. No action taken. th B. Receive Response Regarding 70 Street Corridor – Adam Graf The Council received a response to Adam Graff of 7153 Goodview Avenue South, Cottage Grove, for concerns he raised at the November 6 meeting. No action taken. 6. PUBLIC HEARINGS A. Hold the Public Hearing to Consider Adopting a Resolution to Revoke and Terminate all Previously Approved Conditional Uses and Variances Located st on Lot 2, Block 1, PHS/Cottage Grove, Inc. 1 Addition for All Uses or Concerns that No Longer Exist at the Site, Effective Upon Recording of the nd Property as PHS/Cottage Grove 2 Addition. Mayor Bailey opened the public hearing to receive comments and/or objections. There being none, Mayor Bailey closed the public hearing. Cottage Grove City Council 6 November 20, 2013 Regular Meeting MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMER PETERSON, TO ADOPT RESOLUTION NO. 2013-128, A RESOLUTION TO REVOKE AND TERMINATE ALL PREVIOUSLY APPROVED CONDITIONAL USES AND VARIANCES LOCATED ON LOT 2, BLOCK 2, PHS/COTTAGE ST GROVE INC. 1 ADDITION. MOTION CARRIED. 5-0. B. (1) Hold the Public Hearing to Consider Adopting a Resolution Placing the c. 1947 Arch-Roof Dairy Barn located at 7310 Lamar Avenue South, Cottage Grove, on the City’s Local Register of Historic Sites and Landmarks and to (2) Consider Adopting a Resolution Authorizing Issuance of a Certificate of Appropriateness and Historic Places Conditional Use Permit (HPCUP) to Allow for the Operation of a Wedding and Event Venue on Property Located at 7310 Lamar Avenue South, Cottage Grove. Senior Planner Burbank summarized the application of Wayne and Angela Butt for a Historic Places Conditional Use Permit (HPCUP) to allow for limited commercial ventures to be conducted at 7310 Lamar Avenue South, Cottage Grove. The Butt’s are proposing to: 1. Register their barn on the City’s local Register of Historic Places and Landmarks. 2. Conduct up to 130 outdoor weddings and other special events (including corporate events, special events, conferences, and retreats). 3. Utilize their existing 5,500 square foot two-story arch-roof barn to conduct indoor portions of the proposed uses. 4. Have the ability to utilize a commercial grade event tent of up to 4,000 square feet for use by wedding guests. 5. Construct a phased designated parking area and access drives to accommodate the proposed uses. Senior Planner Burbank recommended that the City Council approve the applications as recommended by the Planning Commission. The applicant, Wayne Butt stated that he wanted clarification on whether amplified music would be allowed in the tent. Another item in question was the phased improvement of the drive and parking areas to meet City standards and permitted under the direction and discretion of the Community Development Director. He stated that he would like to be able to appeal to a committee or the City Council versus a sole person if he was ordered to do something, such as install asphalt. The Council discussed the condition in the resolution requiring the applicant to have insurance coverage in place in association with all the permitted uses and the condition that says that the use of amplified music outdoors was prohibited but another condition that would allow amplified music in the open air event tent. Cottage Grove City Council 7 November 20, 2013 Regular Meeting Mayor Bailey stated that on Mr. Butt’s concern about the phased improvement on the drive that it would be permitted under the direction and discretion of the Community Development Director. He stated that if this were to happen, it would always come back to the Council. The impression that he has gotten due to the character of the building, that there was Council consensus on going with a more natural approach and to not require the installation of the asphalt right away. Mayor Bailey opened the public hearing to receive comments and/or th objections from the public and heard from Robert Eddy, 11275 77 Street South, Michelle and Michael Bruchella, 10276 East Point Douglas Road South, Andrew Bowe, 7245 Lamar Avenue South, Aaron Rolloff, 7380 Lamar Avenue South, Mark Anderson, 9065 Jergen Avenue South, and an unidentified male. There being no further comments and/or objections from the public, Mayor Bailey closed the public hearing. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO ADOPT RESOLUTION NO. 2013-129, A RESOLUTION PLACING THE C. 1947 ARCH-ROOF DAIRY BARN LOCATED AT 7310 LAMAR AVENUE SOUTH, COTTAGE GROVE, ON THE CITY’S LOCAL REGISTER OF HISTORIC SITES AND LANDMARKS. MOTION CARRIED. 5-0. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2013-130, A RESOLUTION AUTHORIZING ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS AND HISTORIC PLACES CONDITIONAL USE PERMIT (HPCUP) TO ALLOW FOR THE OPERATION OF A WEDDING AND EVENT VENUE ON PROPERTY LOCATED AT 7310 LAMAR AVENUE SOUTH, COTTAGE GROVE. Council Member Thiede commented that he would like to add a stipulation that there be no paving of the parking lot. UPON VOTE BEING TAKEN, MOTION CARRIED. 5-0. 7. BID AWARDS A. Consider Awarding the Bid for the Purchase of One 2014 Chevy G4500 Duramax Ambulance MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2013-131, A RESOLUTION AWARDING BID FOR THE PURCHASE OF ONE 2014 CHEVY G4500 DURAMAX AMBULANCE TO EVEREST EMERGENCY VEHICLES, INC., WITH UPGRADED RECOMMENDATIONS FROM PUBLIC WORKS IN THE AMOUNT OF $155,512.00. MOTION CARRIED. 5-0. Cottage Grove City Council 8 November 20, 2013 Regular Meeting 8. UNFINISHED AND NEW BUSINESS A. Consider Adopting a Resolution Establishing the Park Improvement Capital Project Fund MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2013-132, A RESOLUTION ESTABLISHING THE PARK IMPROVEMENT CAPITAL PROJECT FUND. MOTION CARRIED. 5-0. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS – None. 10. COUNCIL COMMENTS AND REQUESTS Council Member Peterson stated that she was still hearing concerns about the contractor’s workmanship in the 2013 Pavement Management Project, specifically in the Jocelyn Court neighborhood, as well as others. She noted that a SD833 Job Fair would be held at the District Service Center; the Cottage Grove Lions Club Santa Breakfast is on December 1 at the Cottage Grove VFW; December 5 is the next Fare for All at All Saints Lutheran Church; and January 26 is a fundraiser for Stone Soup Thrift Shop which includes a fashion and variety show at the Cottage Grove VFW. Mayor Bailey requested that Staff give a presentation at the next meeting on the Holiday Train event; a pancake breakfast is on November 24 at St. Rita’s Church sponsored by the Holiday Train Committee; later that day, the Park Wolf Pack will be sponsoring a spaghetti dinner at the Cottage Grove VFW; on Thanksgiving Day the Hale the Bird 5-K run is at Hamlet Park, December 4 is the holiday tree lighting ceremony at the Cottage Grove City Hall; December 8 is the Breakfast with Santa at River Oaks Golf Course; and there is a holiday lighting contest and the City is taking nominations for businesses and organizations that are giving back to the community. Council Member Olsen stated that on November 22 River Oaks Golf Course is sponsoring a comedy show and he thanked the editor of the South Washington County Bulletin for his editorial regarding the new Arts Commission. He stated that the editor should have taken some time to interview members of the Council to get some insight into the reasons behind why the Commission was created. There were a lot of statements in the editorial that were inaccurate. 11. PAY BILLS MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE PAYMENT OF CHECK NUMBERS 183761 THROUGH 183918 IN THE AMOUNT OF $836,844.40 AND EFT PAYMENT OF $137,094.28 (CHECK NUMBERS 183761 – 183786 IN THE AMOUNT OF $147,606.85 AND EFT PAYMENT OF $10,376.91 WERE ISSUED PRIOR TO COUNCIL APPROVAL). MOTION CARRIED. 5-0. Cottage Grove City Council 9 November 20, 2013 Regular Meeting 12. WORKSHOP SESSION – OPEN TO PUBLIC A.2014 Pavement Management Project At 10:10 p.m., the City Council temporarily adjourned to the St. Croix Room for a workshop session to discuss the 2014 Pavement Management Project. City Engineer Levitt reviewed a power point presentation on the 2014 Pavement Management Project. She highlighted the following: Districts included in the project – District F1 and District F4 Scope of improvements – Full Pavement Replacement Program Existing street conditions include irregular block cracking with open cracks, blow patching present along street to patch deteriorating pavement, etc. Concrete curb condition with acceptable cracks and failing joints Existing pavement assessment and testing. Several methods were used to test and assess the existing pavement condition - Pavement Condition Index (PCI), core samples were taken to determine the existing pavement thickness and evaluate the condition, falling weight deflectometer - a non-destructive test used to determine the pavement’s structural condition by characterizing the stiffness, and then 12 test mill strips were completed at various locations. Twenty-four core samples taken throughout the project area. The key in taking the core samples was to take a look at its durability. When you take a core sample, you can look at it, visually see the strength of the pavement, and you can see that the lower portion of the core sample actually has some pits and voids and it is stripping where the oil has left the aggregate. What holds together the pavement is the asphalt around the aggregate and if moisture gets in there and it separates that bond, then you have a less durable pavement. Inspections were completed to determine what utility repairs would be required - visual inspection of all storm/sanitary sewer pipes, televising of all storm/sanitary sewer pipe, and spot excavation of five water main valve boxes to inspect the condition of valve bolts. Trail improvements. A wood chip trail is proposed in the green space between the residential neighborhood and Wal-Mart Funding breakdown Proposed assessment 2013 Pavement Management Project cost breakdown and restoration options Contractor performance, roles and responsibilities of the owner, architect/engineer, and contractor Specification development – Workmanship and considerations when developing specifications Cottage Grove City Council 10 November 20, 2013 Regular Meeting Finish pavement height at front edge of curb Liquidated damages cover the financial loss when substantial and final completion dates are not met. For the 2013 Pavement Management Project, liquidated damages were set at $1,000 per day for each day after a completion date was not met, which have totaled $26,000 to date. Proposed schedule - December 12, 2013 Hold a Neighborhood Meeting; December 18, 2013 Council receives feasibility study; January 15, 2014 Hold Public Improvement Hearing; and construction in summer There was discussion on the ongoing communication with our residents, the EJCDC standard conditions, curb replacements, liquidated damages assessed against the contactor for the 2013 Pavement Management Project. 13. WORKSHOP SESSION – CLOSED TO PUBLIC – None ADJOURNMENT MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADJOURN THE REGULAR MEETING AT 11:42 P.M. MOTION CARRIED. 5-0. Prepared by, Caron M. Stransky City Clerk