HomeMy WebLinkAbout2014-11-05 MINUTES
COTTAGE GROVE CITY COUNCIL
City of Cottage Grove, Minnesota
Regular Meeting
November 5, 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 Jen Peterson, Council Member Justin Olsen,
Council Member Dave Thiede, and Mayor Myron Bailey.
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 asked if anyone in the audience wished to address the City Council on any
topic not on the agenda.
Tracy Hamilton, 9484 Jasmine Avenue South, who resides directly behind Walmart,
addressed the Council regarding a refrigeration trailer that is running 24 hours per day. She
stated that noise reverberates from the diesel trailer and is a disruption to the neighborhood.
City Administrator Schroeder stated that this is a violation of Walmart’s conditional use
permit and it would be rectified within the next few days.
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 November 5, 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
Cottage Grove City Council 2
November 5, 2014 Regular Meeting
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 Justin Olsen, Council Member Jen Peterson,
Council Member Dave Thiede, and Mayor Myron Bailey.
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 presided over the meeting.
1. ADOPTION OF AGENDA
Motion by Council Member Olsen, seconded by Council Member Peterson, to
approve the agenda as presented. Motion carried. 4-0.
2. PRESENTATIONS
A. Donation from Conway and Katherine Olson for Purchase of CAT
Tourniquets.
The Council recognized Conway and Katherine Olson for their donation in the
amount of $5,000 for the purchase of CAT tourniquets for police officers and
firefighters for the cities of Cottage Grove, St. Paul Park, and Newport.
3. APPROVAL OF MINUTES – None.
4. CONSENT CALENDAR
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 22, 2014; and
ii. Advisory Committee on Historic Preservation Meeting of September 9,
2014.
B. Receive notification that no public hearing for TIF District 1-15 will be held at
this time.
C. Adopt Resolution No. 2014-100, a resolution calling for a public hearing on
December 3, 2014 on the issuance of educational facilities revenue notes and
Cottage Grove City Council 3
November 5, 2014 Regular Meeting
authorize the publication of a notice of the hearing (Charter Schools
Development Corporation/Hiawatha Academies Project).
D. Adopt Resolution No. 2014-101 a resolution approving an amendment to an
existing Conditional Use Permit to allow T-Mobile to mount three additional
st
antennas on top of the existing water reservoir located at 8520 81 Street
South, Cottage Grove.
Approve the First Amendment to the Site Lease Agreement between T-
Mobile Central LLC and the City of Cottage Grove.
E. Adopt Resolution No. 2014-102, a resolution approving the feasibility report
and calling for a hearing on December 3, 2014, for the 2015 Pavement
Management Project.
F. Accept and place on file the Ice System Evaluation Study for the Cottage
Grove Ice Arena.
Motion carried. 4-0.
5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES – None.
6. PUBLIC HEARINGS
A. Consider Authorizing Issuance of an On-Sale Wine Intoxicating Liquor License
and an On-Sale 3.2 Beer License (with Authorization to Sell Strong Beer) to The
Noodles Shop, Co – Colorado, Inc. DBA Noodles & Company.
Mayor Bailey opened the public hearing.
City Administrator Schroeder stated that no facts were found during the
background investigation to constitute a basis for denial of the application and
staff recommended approval.
Mayor Bailey closed the public hearing.
Motion by Council Member Olsen, seconded by Council Member Thiede, to
authorize issuance of an On-Sale Wine Intoxicating Liquor License and an On-
Sale 3.2 Beer License with authorization to sell strong beer by The Noodle Shop
Co. – Colorado, DBA Noodles & Company, 7180 East Point Douglas Road,
Cottage Grove, for the remainder of 2014 and renewal for 2015. Motion carried.
4-0.
7. BID AWARDS – None.
8. UNFINISHED AND NEW BUSINESS
Cottage Grove City Council 4
November 5, 2014 Regular Meeting
A. Consider Authorizing Staff to Purchase Indoor Turf and Netting for Use at the
Cottage Grove Ice Arena.
Motion by Council Member Olsen, seconded by Council Member Peterson, to
authorize staff to purchase indoor turf and netting for use at the Cottage
Grove Ice Arena. Motion carried. 4-0.
B. Consider Denying the Variance Application of John and Sheryl Myers
City Engineer Levitt stated that this is a continuation from the October 15 City
Council meeting for staff and the applicant to meet on site to consider all
options and alternatives to granting a variance. The continuance was also to
allow the City Attorney to provide clarification or interpretation to ordinance
language questions that were raised at the City Council meeting. The final
point of clarification was related to building code requirements. All of these
tasks have been completed and are addressed in the Staff report. In addition,
during a search of the property records, it was found that the property owners
were Sheryl Nichols and Jimmy and Glenda Morton. The additional owners
signed an affidavit of declaration of occupancy confirming their relationship
with the applicant and as co-owners.
City Attorney Land reviewed the question raised on the language of separate
living quarters for domestic servants being permitted as an accessary use.
The attorney concurred with the planning staff interpretation that they are
permitted in the principal structure and prohibited in accessory structures.
During the site visit, five main points of discussion related to the proposed
request and alternatives were addressed:
1) Accessory Apartment – Modifications and Additions
2) Minor Subdivision or platting with privately maintained public right of way
3) Modular Home – interim conditional use
4) Construction – code requirements and valuation of the proposed structure
5) Required development fees
Motion by Council Member Olsen to approve the application for a variance to
allow a second structure on residentially zoned property at 10990 Manning
Avenue South, Cottage Grove. Motion failed for lack of a second.
Motion by Council Member Thiede, seconded by Council Member Peterson,
to adopt Resolution No. 2014-103, a resolution denying the variance to allow
a second residential unit on residentially-zoned property at 10990 Manning
Avenue South. Motion carried. 4-0.
Mayor Bailey stated that if the applicant decides to construct a module
structure, the City would waive the fees.
Cottage Grove City Council 5
November 5, 2014 Regular Meeting
9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS
– None.
10. COUNCIL COMMENTS AND REQUESTS
Council Member Peterson stated that she would like to publicly display posters about
Aids and HIV awareness and to have the Human Rights/Human Services
Commission review this suggestion.
Motion by Council Member Peterson, seconded by Council Member Olsen, to have
our internal staff committee who sets policy on the display of Aids/HIV items in City
Hall review this suggestion. Motion carried. 4-0.
Council Member Peterson announced that the next Fare for All is November 6.
Council Member Olsen congratulated the winners of the November 4 General
Election.
Council Member Thiede recommended that those who ran for office and who did not
succeed to please submit their application for an advisory commission.
Mayor Bailey announced that the Annual Cottage Grove Area Prayer Breakfast is
November 13; the Locally Grown Theater Group would be performing at the River
Oaks Event Center on November 19; the City Council would be bagging groceries
on November 23 at Cub Foods; Hale to the Bird 5K is on Thanksgiving Day at
Hamlet Park; the Holiday Train is stopping in Cottage Grove on December 10; and
lastly, the Annual Tree Lighting Ceremony is December 3 at City Hall.
11. PAY BILLS
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. 4-0.
12. WORKSHOP SESSION – OPEN TO PUBLIC – None.
13. WORKSHOP SESSION – CLOSED TO PUBLIC - None.
ADJOURNMENT
Motion by Council Member Peterson, seconded by Council Member Thiede, to adjourn the
Regular Meeting. Motion carried. 4-0.
Prepared by,
Caron M. Stransky
City Clerk