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Home My WebLink About2014-07-16 MINUTES COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting July 16, 2014 OPEN FORUM At 7:15 p.m., Mayor Myron Bailey opened Open Forum and stated that during Open Forum a person may address the City Council on any subject not on 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: Council Member Derrick Lehrke, Council Member Justin Olsen, Council Member Jen Peterson, Council Member Dave Thiede, and Mayor Myron Bailey. 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; Pete Koerner, Deputy 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 July 16, 2014 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. Cottage Grove City Council 2 July 16, 2014 Regular Meeting ROLL CALL The following were present: Council Member Derrick Lehrke, Council Member Justin Olsen, Council Member Jen Peterson, Council Member Dave Thiede, and Mayor Myron Bailey. 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; Pete Koerner, Deputy 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. General Liability Insurance and Safety Program. Caron Stransky, City Clerk, Bill Velin, Insurance Agent of Record from Wells Fargo Insurance Services, and Jeff Kuester, Safety Consultant from ’ Wells Fargo Insurance Services gave a presentation on the Citys Insurance and Employee Safety Program. 3. APPROVAL OF MINUTES April 28, 2014 City Council Special Meeting A. Mayor Bailey accepted the minutes of the April 28, 2014 Special Meeting as prepared. May 21, 2014 City Council Regular Meeting B. Mayor Bailey accepted the minutes of the May 21, 2014 Regular Meeting as prepared. Cottage Grove City Council 3 July 16, 2014 Regular Meeting May 23, 2014 City Council Special Meeting C. Mayor Bailey accepted the minutes of the May 23, 2014 Special Meeting as prepared. June 4, 2014 City Council Regular Meeting D. Mayor Bailey accepted the minutes of the June 4, 2014 Regular Meeting as prepared. June 18, 2014 City Council Regular Meeting E. Mayor Bailey accepted the minutes of the June 18, 2014 Regular Meeting as prepared. June 26, 2014 City Council Special Meeting F. Mayor Bailey accepted the minutes of the June 26, 2014 Special Meeting as prepared. 4. CONSENT CALENDAR Council Member Olsen pulled items H and L from the Consent Calendar. H.Consider application of Northern Natural Gas, Inc., for a variance to reduce the 100-foot minimum front yard setback and a conditional use permit for construction of an equipment building, driveway apron, security th fence, and landscaping for property located at 8450 110 Street South Gene Smallidge, 10992 Point Douglas Drive, Cottage Grove, expressed concern about the proposed plantings interfering with ingress and egress at the gate and that the same native prairie grass seed mix should be replanted after construction is complete. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO PULL ITEM H FROM THE CONSENT CALENDAR FOR A SEPARATE VOTE. MOTION CARRIED. 5-0. L.Consider application of 61 Marine and Sport for a conditional use permit for the expansion of a non-conforming use at 11730 Point Douglas Drive to include an expansion of the outdoor sales and storage yard. Al Steward, 9435 Kimbro Avenue South, Cottage Grove, owner of 61 Marine and Sport, addressed the Council regarding his request for a Cottage Grove City Council 4 July 16, 2014 Regular Meeting conditional use permit. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO PULL ITEM L FROM THE CONSENT CALENDAR FOR A SEPARATE VOTE. MOTION CARRIED. 5-0. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: I. PLANNING COMMISSION MEETING FROM MAY 19, 2014. II. ENVIRONMENTAL COMMISSION MEETING FROM MAY 14, 2014. B. ADOPT RESOLUTION NO. 2014-049, A RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $11,581.73 TO MINNESOTA DIRTWORKS, INC., FOR THE WOODRIDGE PARK POND IMPROVEMENTS PROJECT. “” C. AUTHORIZE ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO THE COTTAGE GROVE LIONS CLUB FOR AUGUST 9, 2014 IN CONJUNCTION WITH A FUNDRAISING EVENT FOR THE BIKE PARK AT WEST DRAW PARK. D. ADOPT RESOLUTION NO. 2014-050, A RESOLUTION APPOINTING ELECTION JUDGES FOR THE AUGUST 12, 2014 PRIMARY ELECTION AND NOVEMBER 4, 2014 GENERAL ELECTION. E. AUTHORIZE STAFF TO APPLY FOR THE ACTIVE LIVING IN THE COMMUNITY PARTNER PROJECT GRANT IN AN AMOUT NOT TO EXCEED $4,999.00. F.ADOPT RESOLUTION NO. 2014-051, A RESOLUTION APPROVING THE APPLICATION OF RON KOBILKA FOR A VARIANCE TO REDUCE THE 10-FOOT MINIMUM REAR YARD SETBACK FOR AN EXISTING ACCESSORY STRUCTURE AT 8900 GREENWAY AVENUE SOUTH TO BE 8.5 FEET FROM THE REAR LOT LINE AND ALLOW THE SAME EXISTING ACCESSORY STRUCTURE TO ENCROACH ON AN EXISTING TEN-FOOT DRAINAGE AND UTILITY EASEMENT. ADOPT RESOLUTION NO. 2014-052, A RESOLUTION APPROVING THE APPLICATION OF RON KOBILKA FOR A VARIANCE ALLOWING FOR AN EXISTING FIVE-FOOT TALL RESIDENTIAL FENCE LOCATED IN THE FRONT YARD OF 8900 GREENWAY AVENUE SOUTH TO EXCEED THE ORDINANCE REGULATIONS LIMITING RESIDENTIAL Cottage Grove City Council 5 July 16, 2014 Regular Meeting FENCES IN THE FRONT YARD TO BE A MAXIMUM 30 INCHES ABOVE GRADE WITHIN 15 FEET OF THE FRONT PROPERTY LINE AND FOUR FEET IN HEIGHT TO THE FRONT PLANE OF THE HOUSE. G.ADOPT RESOLUTION NO. 2014-053, A RESOLUTION APPROVING THE APPLICATION OF CHAD NORTON FOR A VARIANCE TO REDUCE THE TEN-FOOT MINIMUM REAR YARD SETBACK FOR AN ACCESSORY STRUCTURE TO ENCROACH ON AN EXISTING TEN- FOOT WIDE DRAINAGE AND UTILITY EASEMENT AT 8884 GREENWAY AVENUE SOUTH. H.REMOVED FROM CONSENT CALENDAR. I.ADOPT RESOLUTION NO. 2014-055, A RESOLUTION AUTHORIZING PREPARATION OF A FEASIBILITY REPORT FOR THE 2015 PAVEMENT MANAGEMENT PROJECT FOR AREA F2, A PORTION OF TH AREA F3, 90 STREET SOUTH, ISLAY AVENUE SOUTH, AND GREY CLOUD TRAIL. ADOPT RESOLUTION NO. 2014-056, A RESOLUTION APPROVING J. PLANS AND SPECIFICATIONS AND ESTABLISHING A BID DATE OF TH AUGUST 14, 2014 FOR THE 70 STREET AND MEADOW GRASS AVENUE INTERSECTION IMPROVEMENT PROJECT. ADOPT RESOLUTION NO 2014-057, A RESOLUTION AWARDING THE K. QUOTE FOR THE 2014 SANITARY AND STORM SEWER CLEANING AND TELEVISING PROJECT TO PIPE SERVICES CORPORATION. REMOVED FROM CONSENT CALENDAR. L. ADOPT RESOLUTION NO. 2014-059, A RESOLUTION ORDERING THE M. ABATEMENT OF THE PROPERTY LOCATED AT 8285 RIVER ACRES ROAD, COTTAGE GROVE. APPROVE THE CERTIFICATE OF APPROPRIATENESS FOR THE N. PROPOSED AMENDMENTS TO HOPE GLEN FARM’S EXISTING HISTORIC PLACES. ADOPT RESOLUTION NO. 2014-060, A RESOLUTION APPROVING THE APPLICATION OF MICHAEL BUSHILLA FOR AN ADDITION TO THE PERIMETER OF THE EXISTING OPEN AIR EVENT PAVILION, THE CONSTRUCTION OF A HANDICAP-ACCESSIBLE APARTMENT IN THE EXISTING HISTORIC CORN CRIB, AND THE CONSTRUCTION OF A TREE HOUSE HONEYMOON SUITE. Cottage Grove City Council 6 July 16, 2014 Regular Meeting ADOPT RESOLUTION NO. 2014-061, A RESOLUTION AWARDING THE O. QUOTE FOR THE 2014 POND IMPROVEMENT PROJECT TO NADEAU COMPANIES LLC IN THE AMOUNT OF $64,606.00. PASS ORDINANCE NO. 933, AN ORDINANCE IMPLEMENTING AN P. ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF COTTAGE GROVE. ADOPT RESOLUTION NO. 2014-062, A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 933 BY TITLE AND SUMMARY. APPROVE THE DEVELOPMENT AGREEMENT FIRST AMENDMENT Q. TH FOR EVERWOOD 4 ADDITION. APPROVE THE THIRD PARTY ESCROW AGREEMENT FOR TH EVERWOOD 4 ADDITION. ADOPT RESOLUTION NO. 2014-063, A RESOLUTION APPROVING TH EVERWOOD 4 ADDITION’S FIRST AMENDMENT TO DEVELOPER AGREEMENT AND THIRD PARTY AGREEMENT AS MODIFIED. APPROVE THE PURCHASE OF A NEW AIR COMPRESSOR AND FILL R. STATION FROM ALEX AIR APPARATUS INC., TO BE USED WITH THE NEW SELF-CONTAINED BREATHING APPARATUS (SCBA) AT A COST OF $42,920.00. APPROVE THE SALE BY AUCTION (CRANKYAPE AUCTION) OF ONE S. 2005 FORD CROWN VICTORIA EX-EMS RESPONSE VEHICLE. MOTION CARRIED.5-0. H. Consider Approving a Variance and Conditional Use Permit Applications th of Northern Natural Gas, Inc., 8450 110 Street South, Cottage Grove MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER LEHRKE, TO ADOPT RESOLUTION NO. 2014-054, A RESOLUTION APPROVING THE APPLICATIONS OF NORTHERN NATURAL GAS, INC., FOR A VARIANCE TO REDUCE THE 100-FOOT MINIMUM FRONT YARD SETBACK REQUIREMENT TO 53 FEET FOR A SIX-FOOT BY EIGHT-FOOT STRUCTURE AND A CONDITIONAL USE PERMIT FOR AN EQUIPMENT BUILDING, NATURAL GAS PIPELINE IMPROVEMENTS, SIX-FOOT TALL CHAIN LINK FENCE, ACCESS DRIVE, AND LANDSCAPING IMPROVEMENTS ON THE 3M PROPERTY Cottage Grove City Council 7 July 16, 2014 Regular Meeting th LOCATED AT 8450 110 STREET SOUTH, COTTAGE GROVE, AMENDING SECTIONS 1 AND 2 TO READ AS FOLLOWS: 1. PROVIDE ALL GROUND SURFACE VEGETATION SURROUNDING NORTHERN NATURAL GAS’ LEASED SITE AREA THAT IS DISTURBED BY NORTHERN NATURAL GAS OR THEIR CONTRACTOR DURING CONSTRUCTION FOR THE PROPOSED EQUIPMENT BUILDING AND THE SECURITY FENCE MUST BE RESTORED TO SIMILAR GRADES AND RE-VEGETATED WITH SIMILAR PRAIRIE SEED MIX. SITE RESTORATION SHALL BE COMPLETED IN A TIMELY MANNER. 2. NOXIOUS WEEDS AND VEGETATION WITHIN THE NORTHERN NATURAL GAS LEASED SITE MUST BE REMOVED AND PERIODICALLY CONTROLLED TO PREVENT UNDESIRED VEGETATION GROWTH WITHIN THE GRAVEL SURFACED AREA OF THE NORTHERN NATURAL GAS LEASED SITE. MOTION CARRIED. 5-0. L. Consider Approving a Conditional Use Permit Application of 61 Marine & Sports, 11730 Point Douglas Drive South, Cottage Grove. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2014-058, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT APPLICATION OF 61 MARINE & SPORTS TO ALLOW AN EXPANSION OF A NONCONFORMING USE AT 11730 POINT DOUGLAS DRIVE SOUTH, COTTAGE GROVE, ADDING THE FOLLOWING CONDITION: “THE FRONT FENCING ALONG HIGHWAY 61 SHALL BE CONSTRUCTED WITH ORNAMENTAL FENCING MEETING THE CITY’S STANDARD DETAIL PLATE FOR COMMERCIAL PROPERTIES. THE REMAINING FENCING MATERIAL SHALL MEET THE ORDINANCE CRITERIA RELATED TO COMMERCIAL FENCING”. MOTION CARRIED. 5-0. – 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES None. – 6. PUBLIC HEARINGS None. – 7. BID AWARDS None. 8. UNFINISHED AND NEW BUSINESS Cottage Grove City Council 8 July 16, 2014 Regular Meeting A. 1. Consider Approving an Amendment to the Existing Planned Unit Development (PUD) and a Conditional Use Permit for the Summerhill th Development Located North of 70 Street South, West of Hinton Avenue South, and South of Pine Arbor Lane South. Senior Planner Burbank highlighted the amendment to the existing PUD, a conditional use permit, and a site plan for the Summerhill Development. Mesa Capital Development, Pope Architects and Augustana Care, representing the applicants, were in attendance to present the proposal. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO PASS ORDINANCE NO. 934, AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING CITY ORDINANCE NO. 707, 757, AND 793 WHICH TH APPROVED A PLANNED UNIT DEVELOPMENT AT 70 STREET SOUTH AND HINTON AVENUE SOUTH. MOTION CARRIED. 5-0. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2014-064, A RESOLUTION APPROVING A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT TO ALLOW A SENIOR CARE BUILDING AT 6937 PINE ARBOR DRIVE SOUTH, COTTAGE GROVE. MOTION CARRIED. 5-0. B. Consider Approving the Replacement of Two One-Ton Trucks and Five Pickups for the Public Works and Parks Departments for a Total Purchase Price of $268,717.63. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO AUTHORIZE THE REPLACEMENT OF TWO ONE-TON TRUCKS AND FIVE PICKUPS WITH THE PURCHASE OF TWO ONE-TON TRUCKS AND FIVE PICKUPS FOR THE PUBLIC WORKS AND PARKS DEPARTMENTS FOR A COMBINED PURCHASE PRICE OF $268,717.63. MOTION CARRIED. 5-0. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND – REQUESTS None. 10. COUNCIL COMMENTS AND REQUESTS There was discussion about a new legislative bill that passed regarding medical marijuana and whether Cottage Grove would be a good location for one. The Council expressed an interest in learning more about the concept and whether we would have to amend our zoning code. Cottage Grove City Council 9 July 16, 2014 Regular Meeting MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER LEHRKE, TO DIRECT THE PLANNING COMMISSION TO DISCUSS THIS PROPOSAL. MOTION CARRIED. 4-1 WITH COUNCIL MEMBER OLSEN VOTING NAY. Council Member Peterson announced that tomorrow is the next Fare for All and ’ farmers market; Night to Unite is August 5; August 4 is the next Beyond the Yellow Ribbon meeting; and August 9 is a fundraiser at the bike park. Council Member Thiede announced that the Growth Partners golf tournament is August 12. Mayor Bailey announced that the South Washington Cable Telecommunications Commission is conducting a survey on their website; July 22-26 is the Amateur ’ Disk Tournament; August 1-3 is the Worlds Longest Baseball Game at Park ’ High School and August 7-9 is the Parks & Recreation Departments Amphitheater Play. 11. PAY BILLS MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE PAYMENT OF CHECK NUMBERS 186511 THROUGH 186971 TOTALING $1,672,401.24 AND EFT PAYMENT OF $160,848.53. MOTION CARRIED. 5-0. – 12. WORKSHOP SESSION OPEN TO PUBLIC –– 13. WORKSHOP SESSION CLOSED TO PUBLIC None. ADJOURNMENT MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER LEHRKE, TO ADJOURN THE REGULAR MEETING AT 9:37 P.M. MOTION CARRIED. 5-0. Prepared by, Caron M. Stransky City Clerk