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HomeMy WebLinkAbout2015-06-03 MINUTES MINUTES COTTAGE GROVE CITY COUNCIL COUNCIL CHAMBER 12800 RAVINE PARKWAY JUNE 3, 2015 OPEN FORUM – 7:15 P.M. During Open Forum, a person may address the City Council on any topic not on the regular meeting agenda. The following were present: Mayor Myron Bailey, Council Member Steve Dennis, Council Member Justin Olsen, Council Member Jen Peterson, and Council Member Dave Thiede. Also present were: Craig Woolery, Interim City Administrator; Korine Land, City Attorney- LeVander, Gillen & Miller, PA; Jennifer Levitt, Community Development Director/City Engineer; Les Burshten, Public Works Director; Joe Fischbach, HR Manager/City Clerk. 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. REGULAR MEETING – 7:30 P.M. CALL TO ORDER – Mayor The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on June 3, 2015, 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 City Council members recited the Pledge of Allegiance. ROLL CALL – City Clerk The following were present: Mayor Myron Bailey, Council Member Steve Dennis, Council Member Justin Olsen, Council Member Jen Peterson, and Council Member Dave Thiede. CITY OF COTTAGE GROVE 12800 Ravine Parkway Cottage Grove, Minnesota 55016  www.cottage-grove.org 651-458-2800 Fax 651-458-2897 Equal Opportunity Employer  June 3, 2015 Cottage Grove City Council Page 2 Also present were: Craig Woolery, Interim City Administrator; Korine Land, City Attorney- LeVander, Gillen & Miller, PA; Jennifer Levitt, Community Development Director/City Engineer; Danette Parr, Economic Development Director; Les Burshten, Public Works Director; Joe Fischbach, HR Manager/City Clerk; Senior Planner John Burbank. Mayor Bailey presided over the meeting. 1. ADOPTION OF AGENDA Motion by Council Member Olsen, second by Council Member Thiede, to approve the agenda as presented. Motion carried: 5-0. 2. PRESENTATIONS A. Eagle Scout Award—Andrew Mills (Troop 907) Mayor Myron Bailey and the Council Members presented Andrew Mills with a plaque for attaining the rank of Eagle Scout, Troop 907. Andrew explained that he had refurbished six tables from the Carpenter Nature Center for his project. B. 1. Presentation by Matt Mayer of KDV. 2. Consider acceptance of the 2014 Comprehensive Annual Financial Report. Director Robin Roland stated the City’s audit was completed and asked Matt Mayer of KDV to speak about the results. Mr. Mayer responded that the City had gone above and beyond the base level of financial reporting. The financial statements were submitted to the Government Finance Officers Association, who evaluated them for completeness and accuracy, and the City received a Certificate of Achievement for Excellence in Financial Reporting for 2014, which is the 24th year in a row that the City has received that award. He went on to review the various portions of the audit reports. Motion by Council Member Olsen, second by Council Member Peterson, to accept the 2014 Comprehensive Annual Financial Report. Motion carried: 5-0. 3. APPROVAL OF MINUTES A. May 20, 2015 Regular Meeting Mayor Bailey and members of the City Council approved the minutes as presented. June 3, 2015 Cottage Grove City Council Page 3 4. CONSENT CALENDAR Council Member Olsen pulled Item I for discussion, which was to consider appointing Jacob Haagsman to fill a vacant seat on the Planning Commission; he noted that Chris Reese had served for many years but had to vacate that position. He asked the Council Members to approve Mr. Haagsman’s appointment. A. Accept and Place on File the Following Minutes: i. Human Services/Human Rights Meeting Minutes from April 8, 2015. ii. Planning Commission Meeting Minutes from April 27, 2015. B. Approve the Encroachment Agreement and Stormwater Management Agreement with Werner Electric, Inc. C. Adopt Resolution No. 2015-066 approving the plans and specifications and establishing a June 24, 2015 bid date for the 2015 Trail & Parking Lot Seal Coating Project. D. Adopt Resolution No. 2015-067 approving the site plan and conditional use permit amendment to allow for the construction of a two-story 9,500 square-foot th addition to the north side of the Church of St. Rita, 8694 80 Street South, subject to conditions. E. Adopt Resolution No. 2015-068 authorizing the preparation of a feasibility report for the 2016 Pavement Management Project for District D-2, a portion of th Districts F-3 and F-5, and 80 Street between Ideal Avenue and Jamaica Avenue. F. Adopt Resolution No. 2015-069 approving a site plan review and variance applications for the construction of a proposed 86,640 square-foot warehouse addition and outdoor hard surface parking/storage areas at Up North Plastics, 9480 Jamaica Avenue South. G. Approve the Environmental Consulting Services Agreement between the City of Cottage Grove and Denmark Township and the City Consultant Agreement. H. Adopt Resolution No. 2015-070 approving the East Ravine 2015 Alternative Urban Areawide Review (AUAR) and mitigation plan update. I. Appoint Jacob Haagsman to fill a vacant seat on the Planning Commission ending 2/29/2016. J. Approve the Stormwater Management Agreement with Leafline Labs, LLC. Motion by Council Member Dennis, second by Council Member Thiede, to approve the Consent Calendar. Motion carried: 5-0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES – None. 6. PUBLIC HEARINGS – None. 7. BID AWARDS – None. June 3, 2015 Cottage Grove City Council Page 4 8. UNFINISHED AND NEW BUSINESS A. Consider authorizing Strawberry Fest events on public property from June 18 - 21 contingent on compliance with staff recommendations. City Clerk Fischbach said the Cottage Grove Strawberry Fest had applied for a Special Event Permit for June 18 – 21, 2015. Most events would take place at Kingston Park and Lamar Field, as well as a parade on 80th Street. Scott Shea, Treasurer of the Strawberry Fest, spoke to the Council about new events for 2015, as well as the traditional events. Motion by Council Member Thiede, second by Council Member Olsen, to approve Strawberry Fest events on public property from June 18 – 21 contingent on compliance with staff recommendations. Motion carried: 5-0. B. Consider adopting a resolution denying the variance request to allow an accessory structure to be located 10 feet from the street side property line when 20 feet is required at 8315 Jorgensen Alcove South, based on the inability to establish findings of fact that could justify the granting of the variance. Senior Planner Burbank stated that Mark and Toni Juenemannhad made an application for a shed variance on their property. On March 27 the applicant had obtained a building permit for the shed. During the final inspection, it was noted that the setbacks were not met and a Correction Notice was issued. After discussing options with staff, the applicants opted to apply for the variance request as relocating the shed to meet the setback requirement would encroach on a pergola in the middle of their yard, covering a fire pit. The back yard is also not very deep and the surrounding neighbors support the variance application. Senior Planner Burbank thought the Council should consider whether the variance would be within the purpose and intent of the Ordinance and if it was consistent with the comprehensive plan. He indicated that the Planning Commission and the City staff couldn’t establish the findings of fact for granting of the variance. Also, the shed is not on a concrete slab so it could be relocated. Council Members and Senior Planner Burbank discussed the various aspects and issues with relocating the shed. Council Member Olsen asked if there had been similar issues dealt with where a variance had been granted. Senior Planner Burbank advised that over the past 27 years he’d dealt with a lot of sheds and different encroachments. He said each situation is a little bit different and they try to find the easiest path for people to take. In this case, the applicants chose to submit an application request to the Planning Commission and to the Council. June 3, 2015 Cottage Grove City Council Page 5 Mark and Toni Juenemann, 8315 Jorgensen Alcove, spoke to the Council. Ms. Juenemann felt they shouldn’t even be there as they thought they were following everything they were supposed to do from the beginning. Council Member Thiede spoke with the Juenemanns regarding moving the shed and options for positioning it on their property. Mayor Bailey stated their front yard was very unique and they did not have a very large back yard. If they were to change it, he didn’t think the neighbors would be very happy with the new view. Ms. Juenemann stated that the neighbors were fine with where the shed was currently located. Senior Planner Burbank said a petition was included in the Planning Staff report, which included the neighbors on the map. Council Member Peterson asked if the photo that was titled “22 feet from street” was included in the material that was turned in for the permit. The Juenemanns said it had been. Council Member Dennis noted he was present at the Planning Commission meeting when this issue was first brought up. He added there was an in-depth process with the Strategic Planning Committee, and they could not find Findings of Fact to allow the variance to go through, nor could the Planning Commission. The vote was unanimous and they did not approve the variance. The challenge he had with it, based on the criteria used, was that no Findings of Fact were established. He stated that he had to be fair and consistent to everybody and therefore would not be able to vote in favor of the variance request. Mayor Bailey advised he felt this situation and their lot was unique and that they had been advised they were good to go when they got their permit and were told after the fact that it was not correct. He said the Planning Commission had gone by the letter of the law and it was up to the Council to follow that as closely as they could; however, he felt there were extenuating circumstances and other options available. He would go along with approval of the variance. Council Member Thiede asked if it was possible to add a stipulation that there could not be anything stored outside of the shed. Senior Planner Burbank advised that it could be added. Council Member Thiede said he would approve the variance. A question was raised if a conditional use permit could be issued. Attorney Land advised she wouldn’t change from a variance to a conditional use permit June 3, 2015 Cottage Grove City Council Page 6 and felt it would be more appropriate to put a condition on the variance. Upon sale of their property, perhaps the shed could be moved at that point. Motion by Council Member Thiede, second by Council Member Peterson, to approve the variance conditioned on no storage outside the shed allowed, removal or relocation of the shed back to the required setbacks upon the sale of the property by the current owners, no expansion of the structure permitted, and rescheduling of the final building inspection. Motion carried: 3-2 (Dennis, Olsen Nay). C. Consider ratifying the Economic Development Authority’s approval to purchase the former Home Depot site located at 7210 East Point Douglas Road and direct staff to schedule a work session. Director Parr spoke to the Council about the purchase agreement and stated the EDA had rejected the first version because of the very broad restrictions that were put on it by Home Depot. An agreement was subsequently reached and the scope of those restrictions was lifted, making the purchase agreement acceptable to the EDA and on May 28 they approved it. The City’s ownership of this site is intended to be short term, as the City is not a developer and doesn’t intend to serve that purpose. The EDA is asking for ratification of the purchase of the former Home Depot site located at 7210 East Point Douglas Road by the Council. A meeting for future users and/or developers who would consider buying this parcel is scheduled for June 17 in order to expedite the process. Motion by Council Member Olsen, second by Council Member Thiede, to ratify the Economic Development Authority’s approval to purchase the former Home Depot site. Motion carried: 5-0. D. Consider adopting resolutions denying rental licenses at 6768 Meadow Grass Lane South and 8445 Heron Avenue South. City Attorney Korine Land advised the Council that those rental properties had not submitted applications for the current license year. The two properties have been unresponsive to requests to submit rental license applications in accordance with the City Code. The single-family home on Heron Avenue passed inspection, but the property owner has not submitted an application nor paid the license fee, therefore a license cannot be granted. Attorney Land recommended denial of rental licenses for both properties. The property owners were not in attendance to respond and the report from the Code Enforcement Officer provides ample evidence for the Council to deny the licenses. Mayor Bailey asked if the licenses for those particular properties were denied, what would happen to the renters and the owners of the properties. Attorney June 3, 2015 Cottage Grove City Council Page 7 Land stated that both the property owners and tenants would be advised that the rental licenses were denied or had expired and the properties could not be used for rentals until rental license applications were submitted and approval by the City, which could be done fairly quickly. Council Member Thiede asked at what point the tenants would be evicted. Attorney Land advised the City would not evict, but the property owners should not be collecting rent because the properties are not licensed rental properties. The property owners and tenants would have to work out the situation. Mayor Bailey asked if this situation had ever occurred in the past. Attorney Land advised she had been told this was the first time, but the City could work with the tenants if they needed to find additional housing, either temporarily or permanently. Motion by Council Member Olsen, second by Council Member Peterson, to adopt Resolution No. 2015-072 denying the rental license at 6768 Meadow Grass Lane South and Resolution No. 2015-073 denying the rental license at 8445 Heron Avenue South. Motion carried: 5-0. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS – None. 10. COUNCIL COMMENTS AND REQUESTS Council Member Peterson thanked City staff and members of the community for their assistance with the Memorial Day ceremony at City Hall. Council Member Peterson stated the next Fare For All, a discount grocery-buying opportunity, will take place on June 11 at All Saints Lutheran Church. Council Member Peterson stated the Farmers’ Market will also open for the season on June 11 and every Thursday until mid-October at United Church of Christ. Council Member Thiede stated the Strawberry Fest was only two weeks away and encouraged everyone to attend. Mayor Bailey welcomed Interim City Administrator Craig Woolery and said Captain Pete Koerner is temporarily covering Director Woolery’s position in the Police Department. Mayor Bailey stated that on June 5 and 6, Relay for Life, a benefit for the American Cancer Society, will take place at East Ridge High School. Council Members expressed their support. June 3, 2015 Cottage Grove City Council Page 8 Mayor Bailey stated there will be a groundbreaking ceremony for the Renewal by Andersen expansion on June 16. Mayor Bailey stated there will be a ribbon-cutting ceremony for LeafLine Labs on June 17. 11. PAY BILLS A. Motion by Council Member Peterson, second by Council Member Dennis, to approve payment of check numbers 191275 through 191501 in the amount of $937,367.86 and EFT Payment of $258,242.02. Motion carried: 5-0. 12. WORKSHOP SESSION – OPEN TO PUBLIC A. Jamaica Avenue (Indian to Military) Improvement Project. Director Levitt stated that a plan had been developed for a concrete roundabout, similar to the one at Jamaica, and the City would work with Washington County regarding the property acquisition. She noted that the entrance to the Dodge Nature Center is still being refined and that the property owner is interested in the extension of public utilities to their property. Director Levitt said the two lanes going north and south will change to one lane in each direction with very wide shoulders, noting that even through there will be upcoming construction in the area, the pavement condition is extremely poor so a temporary solution is needed. A paved trail would be installed all the way to 67th Street. Benefit appraisals were done on both churches. Light the Way’s assessment would be approximately $16,000, but the need for both a temporary construction easement and some permanent right of way would provide an opportunity to negotiate the value of the land in the reduction of the assessment. Rose of Sharon’s assessment is approximately $29,000 and their access would not be modified. Council Members requested information on the traffic studies and volumes projected. Director Levitt replied that projected volumes took into account Military Road traffic, along with residential and commercial growth in the area. She noted that the roundabout design would allow it to go to a two-lane roundabout, similar to the one by Bailey Road and County Road 19 in Woodbury. June 3, 2015 Cottage Grove City Council Page 9 Director Levitt stated they would be doing streetlights at the roundabout itself and also extending streetlights up to the church. She said the City would be responsible for the roundabout landscaping maintenance. The discussion led to the types of landscaping allowed and why there were restrictions when the City would be maintaining it, and also the problem of weeds growing where the roundabout had been installed on County Road 19. Engineer Levitt added that the City will be responsible for the plan specifications and managing the construction contract. A public hearing will be scheduled once negotiations for the land are resolved. Council Members discussed the cost of the roundabout versus a normal intersection. Director Levitt replied the roundabout would cost approximately $1.2 million while a traffic signal typically runs $250,000, although both she and Director Burshten noted that if turn lanes and additional land acquisition are needed with the signal the costs may end up being similar. Director Levitt said if the Council approved the project, they would begin speaking with both of the churches. Director Levitt noted that only the two churches would be assessed; none of the homeowners along Jamaica would be assessed. B. City Administrator Position Profile. City Attorney Land stated that Dave Unmacht of Springsted, the firm hired to recruit the City Administrator, would be leaving to accept a position with the League of Minnesota Cities. She outlined the timeline and recruitment process as it now stands. Council Members pointed out grammatical errors on the community section of the profile and felt the verbiage needed improvement. They requested that a bullet point be added about operating in an environment of transparency, adding that the City has a culture of generosity and volunteerism, and that there is a rural component of the community. They also requested that the City’s position for growth be noted along with our recreational amenities, such as the golf courses and ice arena. Council Members requested changes to the sentences regarding area high schools, the library system, adding a sentence about community safety. They also noted errors in the community demographics data and requested that they be verified and corrected. June 3, 2015 Cottage Grove City Council Page 10 Attorney Land stated she would make Springsted aware of the City’s concerns with the errors on the profile. Council Members and staff discussed the timeline and interview process. 13. WORKSHOP SESSION – CLOSED TO PUBLIC – None. ADJOURNMENT Motion by Council Member Olsen, second by Council Member Thiede, to adjourn the regular meeting at 10:03 p.m. Motion carried. 5-0. Minutes prepared by: Judy Graf; Reviewed by Deputy City Clerk Neil Belscamper