HomeMy WebLinkAbout2014-12-17 PACKET 03.A. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 12/17/2
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PREPARED BY: City Clerk Caron Stransky
ORIGINATING DEPARTMENT DEPARTMENT HEAD
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COUNCIL ACTION REQUEST
City Council Meeting Minutes Approval—October 15, 2014 Regular Meeting.
STAFF RECOMMENDATION
Approve Draft Minutes.
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BUDGET IMPLICATION
BUDGETED AMOUNT ACTUAL AMOUNT
SUPPORTING DOCUMENTS
❑ MEMO/LETTER:
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: Draft Minutes.
ADMINISTRATORS COMMENTS
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City Administrator Date
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COTTAGE GROVE CITY COUNCIL
City of Cottage Grove, Minnesota
Regular Meeting
October 15, 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 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 Justin Olsen, Council Member Dave Thiede, and �
Mayor Myron Bailey.
The following were absent: Council Member Derrick Lehrke and Council Member Jen Peterson.
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 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.
REGULAR MEETING
CALL TO ORDER
The City Council of the City of Cottage Grove, Washington County, Minnesota, held a Regular
Meeting on October 15, 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.
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.
Cottage Grove City Council I 2
October 15, 2014 Regular Meeting
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.
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3. APPROVAL OF MINUTES
A. October 1, 2014 Reqular Meetinq
Mayor Bailey accepted the minutes of the October 1, 2014 Regular Meeting as
presented.
4. CONSENT CALENDAR
The Council pulled and briefly discussed items B, K, L and M.
Motion by Council Member Peterson, seconded by Council Member Olsen, to:
A. Accept and place on file the following minutes: None submitted.
B. Adopt Resolution No. 2014-095, a resolution recognizing donations the City
received in the third quarter of 2014 - Sam's Club ($25.00 gift card for Safety
Camp), Cub Foods ($25.00 gift card for Safety Camp), Dennis Brothers Liquors
($250.00 for ballistic vests for police reserves), and Grove Tobacco ($500.00 for
general operations).
C. Adopt Resolution No. 2014-096, a resolution approving final payment in the
amount of $8,000 to Valley-Rich Company for the Low Zone Booster Station
Project.
D. Hold a Special City Council Meeting on Wednesday, November 12, 2014 at 6:00
p.m., to canvass the results of the November 4, 2014 the City Council offices and
to declare the winners.
E. Adopt Resolution No. 2014-097, a resolution accepting the Planning
Commission's recommendation to grant an amendment to Resolution No. 2011-
154, which allowed AT&T to install six antennas on the existing monopole and
construct a 12-foot by 28-foot equipment building at 10475 Kimbro Avenue
South. This amendment will permit the replacement of six existing AT&T Mobility
Cottage Grove City Council I 3
October 15, 2014 Regular Meeting
antennas and add three additional antennas.
F. Approve the contract with Washington County for the River Oaks Recycling Pilot
Program.
G. Approve the permanent utility and drainage easement at 8600 Keats Avenue
South, Cottage Grove.
H. Approve the City of Cottage Grove Assessment Waiver Agreement for land
located at 9900 Jamaica Avenue South for the Stormwater Quality Improvement
Project (Renewal by Andersen).
I. Authorize the sale on eBay of one Bauer Air Compressor of the following
equipment; one Eagle Air Safe Station 3 Fill Station, the old SCBA harnesses
and bottles and/or to donate the equipment to a fire department in need of the old
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SCBA harnesses and bottles.
J. Adopt Resolution No. 2014-098, a resolution approving a change to the Cottage
Grove Firefighter Relief Association Bylaws for the lump sum benefit amount
increase to $3,700.00 per year of service.
K. Approve the appointment of William Serpico for a first term on the Public Safety,
Health, and Welfare Commission for a term to expire February 29, 2016.
L. Approve the appointment of Peter Staloch to fill the unexpired term on the Public
Works Commission for a term to expire February 28, 2015.
M. Approve the appointment of Robert Campbell to fill an unexpired term on the
Public Works Commission for a term to expire February 28, 2015.
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
A. Consider Passing Ordinance Amendin� Citv Council Stipends.
City Administrator Schroeder summarized his report on amending the Mayor and
City Council stipends and the following three options: (1) Approve an increase to
the market mean or such other target as Council may deem appropriate; (2)
Determine not to pursue anything further on this topic at this time; or to (3) Refer
the item to a citizen committee.
Motion by Council Member Olsen, seconded by Council Member Peterson, to
have a citizen committee consider a stipend adjustment for the Mayor and
Cottage Grove City Council I 4
October 15, 2014 Regular Meeting
Council Members prior to each local election. Motion carried. 4-1 with Council
Member Lehrke voting nay.
B. Consider Denvinq the Variances to Allow the Expansion of a New Drivewav at
7230 Jonathan Avenue South, Cottaqe Grove.
Senior Planner Burbank summarized the application of Ivaylo and Iveta
Nadarliyska for a variance to the minimum driveway setback and the maximum
driveway width requirement to allow a driveway at 7230 Jonathan Avenue South
to be on a side-yard drainage and utility easement, one foot from the property
line instead of the required six feet, and 31 feet wide versus the required 28 feet.
He noted that the Planning Commission reviewed the application at a public
hearing and after lengthy discussion recommends denial of the application on a
9-0 vote.
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The Council discussed the variance applications, the fact that the contractor was
not licensed by the City, and that the contractor did not obtain a building permit.
The applicant addressed the Council on their dissatisfaction that the contractor
that they hired was not licensed by the City and that they did not obtain a building
permit. They noted that they have filed a complaint with the Better Business
Bureau. Staff advised the Council that recently the contractor did obtain a license
to work in Cottage Grove but they have not obtained a building permit.
Council Member Olsen noted that he would be voting against the issuance of a
variance to the applicant.
The Council also heard remarks from Gene Smallidge of 10992 Point Douglas
Drive, Cottage Grove, who was in favor of the variance application.
Council Member Lehrke stated that he would be voting in favor of the variance
because no one in the vicinity of the applicant were opposed to the application.
He would like the applicant to allow the City access to the easement if needed.
City Attorney Land stated that if you are considering approving this variance that
you require the applicant to enter into an encroachment agreement.
Mayor Bailey stated that he could not support the variance.
Council Member Lehrke stated that only one person had a problem with the
application and 87 people did not care enough to come to the meeting. The
existing neighbors do not have a problem with the driveway. He would like to see
a way that we could help the applicant. He suggested that the City allow the
applicant to use the easement until it is needed by the City.
Council Member Thiede stated that he will have to vote against the variance but
he would like to do something to help the applicant with the expense.
Council Member Olsen stated that the burden falls on the property owner to
ensure that the contractor complies with the City Code.
Cottage Grove City Council ( 5
October 15, 2014 Regular Meeting
Motion by Council Member Olsen, seconded by Council Member Peterson, to
adopt Resolution 2014-099, a resolution denying the variance application of
Ivaylo and Iveta Nadarliyska for a variance to the minimum driveway setback and
the maximum driveway width requirement to allow a driveway at 7230 Jonathan
Avenue South to be on a side yard drainage and utility easement, one foot from
the property line instead of the required six feet and 31 feet wide versus the
required 28 feet. Motion carried 4-1 with Council Member Lehrke voting nay.
C. Consider Denying the Variance Application of John and Shervl Myers to Allow a
Second Residential Dwellinq Unit as Part of an Accessorv Structure on the
Residentiallv-Zoned Property at 10990 Manninq Avenue South, Cottaqe Grove.
Senior Planner Burbank highlighted the application of John and Sheryl Myers for
a variance to allow a second residential unit as part of a 5,760 square foot
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detached accessory structure on the residentially-zoned property located at
10990 Manning Avenue South, Cottage Grove. The Planning Commission after
lengthy discussion recommended approval of the variance request on a vote of
6-to-3. The recommendation of the Planning Commission did not include any
findings of fact for granting the variance.
City Attorney Land provided a legal analysis regarding the application noting
what the Council must keep in mind when considering a variance application as
set forth under Minn. Stat. § 462.357 Sub. 6. These standards provide the
framework to help you make your decision.
The Council discussed the application, the definition of a servant's quarters, and
the estimated cost to subdivide property.
Council Member Thiede noted that it was his opinion that the Council should
table the variance application.
Mayor Bailey noted that the Council received a memo from Building Inspector
LaBrosse today and that they have not had a chance to review it.
John Myers, the applicant, described where the well was located. He asked for
the variance because they felt it was a permitted use.
Council Member Thiede asked about converting the garage into living quarters.
Louise Smallidge, 10992 Point Douglas Drive, stated they have no objection to
the variance request. It would not adversely affect the neighborhood.
Mayor Bailey agreed with tabling the variance to give everyone a chance to
review Bob's memorandum and for staff to walk through the property and discuss
issues.
Council Member Olsen agreed that we are struggling to find the findings of fact to
support the variance. What is the actual definition? His opinion changed after he
inspected the property.
Cottage Grove City Counci) ( 6
October 15, 2014 Regular Meeting
Motion by Council Member Olsen, seconded by Council Member Thiede, to
continue the request to the November 3, 2014 meeting. Motion carried. 5-0.
9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS —
None.
10. COUNCIL COMMENTS AND REQUESTS
The Council announced upcoming meetings and events.
Mayor Bailey encouraged residents to vote at the November 4 General Election.
11. PAY BILLS
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Motion by Council Member Olsen, seconded by Council Member Thiede, to approve
payment of check numbers 188114 to 188298 in the amount of $1,300,082.00 and EFT
payment of $28,708.42. Motion carried. 5-0.
12. WORKSHOP SESSION — OPEN TO PUBLIC
A. 2015 Pavement Manaqement Proiect
Ryan BurFeind, Engineer, gave a presentation on the 2015 Pavement
Management Program stating that includes street rehabilitation and utility repairs
within pavement district F2, a portion of F3 and F4, 90th Street, and Grey Cloud
Trail. It also includes park improvements to Woodridge Park. A copy of the power
point presentation is attached to the original minutes.
13. WORKSHOP SESSION — CLOSED TO PUBLIC - None.
ADJOURNMENT
Motion by Council Member Thiede, seconded by Council Member Olsen, to adjourn the Regular
Meeting. Motion carried. 5-0.
Prepared by,
Caron M. Stransky
City Clerk