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MINUTES
COTTAGE GROVE CITY COUNCIL February 7, 2018
COUNCIL CHAMBER
12800 RAVINE PARKWAY SOUTH
REGULAR MEETING - 7:00 P.M.
1. CALL TO ORDER
The City Council of the City of Cottage Grove, Washington County, Minnesota, held a
regular meeting on February 7, 2018, at Cottage Grove City Hall, 12800 Ravine
Parkway. Mayor Bailey called the meeting to order at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE
The audience, staff, Mayor, and City Council Members recited the Pledge of Allegiance.
3. ROLL CALL
The following were present: Council Member Steve Dennis, Council Member Wayne
Johnson, Council Member La Rae Mills, and Council Member Dave Thiede.
Also present were: Charlene Stevens, City Administrator; Korine Land, City Attorney-
LeVander, Gillen & Miller, PA; Becky Ahlvin, Management Assistant; Ryan Burfeind,
Assistant City Engineer; Les Burshten, Public Works Director; Joe Fischbach/HR
Manager/City Clerk; Jennifer Levitt, Community Development Director/City Engineer;
Sharon Madsen, Communications Coordinator; Rick Redenius, Fire Chief; Robin
Roland, Finance Director; Pete Koerner, Police Captain .
4. OPEN FORUM
Mayor Bailey opened the open forum and asked if anyone in the audience wished to
address the Council on any item that was not on the agenda.
As no one wished to address the Council, Mayor Bailey closed the open forum.
5. ADOPTION OF AGENDA
Mayor Bailey stated before the agenda was adopted, there would be a change in the
order of tonight's presentations, with the Afton Apple Orchard Donation being first, then
winners of the Capture Cottage Grove Photo Contest, and then the Interim Water
Treatment Facility Awards.
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
City Council Meeting Minutes
February 7, 2018
Page 2
Motion by Council Member Thiede to adopt the agenda with the changes mentioned
above; second by Council Member Dennis. Motion carried: 5-0.
6. PRESENTATIONS
A. Afton Apple Orchard Donation to Cottage Grove Public Safety Board
Staff Recommendation: Accept the donation in the amount of$1,668
from Afton Apple Orchard to the Cottage Grove Public Safety Board to
be earmarked for the new Police Explorer Program and a new Sparky
the Fire Dog suit for the Fire Division.
Fire Chief Rick Redenius stated the Afton Apple Orchard had once again partnered with
the Public Safety Department to raise money; the Police Department would use their
portion to support the new Police Explorer Program, and the Fire Department would use
their portion for the new Sparky the Fire Dog outfit. He asked the Sarah Parkos and her
mother, Cindy Femling, with Afton Apple Orchard, to come forward and Mayor Bailey
asked the Council Members to join them; Chief Redenius asked members of the Public
Safety Board to accept the donation on behalf of the Public Safety Department.
Sarah gave the history of Afton Apple Orchard; they're a small family business that's
operated for 29 years. They offer a memorable farming experience to the public with
pick your own strawberries, apples, raspberries, and pumpkins. They offer many family-
friendly activities to enjoy in the fall, including their 15-acre corn maze. They know the
importance of community support and have experienced that firsthand. They're proud
to be part of this community and are happy to support Public Safety. First responders
had given them information to apply for an AED grant, and Afton Apple Orchard was
one of 20 locations selected. The Public Safety personnel assisted them with First Aid
and AED training. They chose the Washington County Sheriff's Office and Cottage
Grove Public Safety to share in some of the proceeds from their corn maze on a
weekend in October; the total raised for the Cottage Grove Public Safety Board is
$1,668. Sarah thanked all Public Safety personnel for their service.
Mayor Bailey stated even though Afton Apple was located in Hastings, they were giving
back to Cottage Grove. On behalf of the Public Safety Department, the Public Safety
Board, the Council Members, and the community, Mayor Bailey thanked them for their
generosity; he stated they all appreciated having Afton Apple as part of our community.
B. Winners of the Capture Cottage Grove Photo Contest
Management Assistant Becky Ahlvin stated this year's Capture Cottage Grove photo
contest had six categories, with 60 entries, an increase from last year. The categories
included Nature; Celebration Events; Parks and Trails; People; Streetscapes; and a
new category, Youth, for ages 15 and under. The photos were displayed, and she
announced the winners, as follows:
City Council Meeting Minutes
February 7, 2018
Page 3
• Nature: "The Perfect November Morning," by Timothy Dardine;
• Celebrations and Events: "Fire and Rain," by Bill Pohlmann;
• Parks and Trails: There was a tie; "Morning at Mooers," by Bill Pohlmann, and
"Discovery," by Peter Potyondy;
• People: A photo taken at the Cottage Grove Ice Arena, by Nathan Klok;
• Streetscapes: "Beautiful Sunrise in Cottage Grove," by Kevin Gallagher;
• Youth: "Puppy Fluffy, by Jixiong Han.
Ahlvin thanked everyone who participated, and she asked the winners to step forward
and receive their certificates and their prize money.
Mayor Bailey congratulated each of the winners; Jixiong Han could not be present, but
the others were presented their certificates and prize money, and photographs were
taken. Mayor Bailey thanked them all for entering the contest. Mayor Bailey stated the
winners' photos would be posted on the City's website and Facebook page.
C. Interim Water Treatment Facility Awards
Staff Recommendation: 1) American Council of Engineering Companies
(ACEC/MN) Engineering Excellence Award presented to Stantec for the
Cottage Grove Interim Water Treatment Facilities. 2) City Engineers
Association of Minnesota (CEAM) Project of the Year Special
Recognition Award presented to the City of Cottage Grove for Rapid
Response - Interim Water Treatment Facilities.
Assistant City Engineer Ryan Burfeind stated recently the City had received two
additional awards for the temporary water treatment facilities. The first from the
Minnesota chapter of ACEC, the American Council of Engineering Companies, was the
Honor Award for the temporary treatment facilities at Wells 3 & 10. The award was
presented at the ACEC of Minnesota Annual Engineering Excellence Awards banquet
on January 26. He explained the award criteria, including: Innovative Application of
New or Existing Techniques; Future Value to the Engineering Profession; Complexity.
The second award was from the City Engineers Award of Minnesota (CEAM); the City
received the Project of the Year Special Recognition Award for Wells 3 & 10. It was
presented at CEAM's annual conference on January 24. Some of the award criteria
included: Public Benefit and Service Nature of the Project; Construction Management
Scheduling and Control Techniques; Unusual Accomplishments Given Adverse
Conditions; Safety Performance and Overall Safety Program.
Mayor Bailey stated the awards were fantastic and congratulated all staff involved for
their hard work to get the projects done in such a short period of time. The goal was to
have the residents of the Cottage Grove community to once again have fresh, safe
water. The fact that there were also no injuries or incidents at either site was a
testament to the staff. He thanked everyone for their efforts.
City Council Meeting Minutes
February 7, 2018
Page 4
7 CONSENT AGENDA
A. Approve the January 17, 2018 City Council Meeting Minutes.
B. Receive and place on file the approved minutes for the Arts Commission
Meeting on December 5, 2017.
C. Authorize purchase of a Holmatro battery-powered Cutter, Spreader, and
Combi-Tool extrication set at a cost of$24,946.45, and authorize the sale
of oldest set of hydraulic extrication equipment.
D. Pass Ordinance 990 amending City Code Title 11-4-10, Solar Energy
Systems, which would allow solar energy systems on top of residential
accessory structures in all zoning districts and increase the cumulative
solar panel area from six square feet to 16 square feet without requiring a
building permit.
E. Approve the issuance of rental licenses to the properties in the attached
table.
F. Adopt Resolution 2018-013, approving the final payment in the amount of
$27,388.08 to Hardrives, Inc. for the East Point Douglas - 80th Street
Right Turn Lane Project.
G. Adopt Resolution 2018-015, approving the final payment in the amount of
$151,104 to Traut Companies forthe Well No 12 drilling project.
H. Enter into a Joint Powers Agreement with the Minnesota Pollution Control
Agency for the Temporary Well Treatment System Construction and
Operation Project.
I. Authorize the City to not waive the statutory tort limits where an individual
claimant would be able to recover no more than $500,000 on any claim to
which the statutory tort limits apply per Staff and City Attorney
recommendation. The total all claimants would be able to recover for a
single occurrence to which the statutory tort limits apply would be limited
to $1,500,000.
J. Authorize issuance of an On-Sale Intoxicating/Sunday liquor license to
TJJL Corp. DBA Carbone's Kitchen and Pub, waive the investigation fee,
and apply 2018 license fee paid by Carbone's of Cottage Grove, Inc. to
the license.
K. Authorize issuance of an off-sale intoxicating liquor license and a tobacco
sales license to Walmart, Inc., DBA Walmart Store #2448, waive the
investigation fee, and apply 2018 license fees paid by Walmart Stores,
Inc. to the licenses.
Mayor Bailey wished to pull Item D, the Solar Ordinance Amendment from the Consent
Agenda, as he wanted to have a Workshop on that issue at a future meeting. Council
Member Dennis wished to pull Item C for further comment and/or discussion.
Council Member Dennis stated he wanted to pull Item C, Purchase of Battery-Operated
Rescue Equipment, because this equipment will make a tremendous difference in
saving lives. Battery-powered equipment allows flexibility that we previously did not
City Council Meeting Minutes
February 7, 2018
Page 5
have. In an emergency situation, seconds and minutes matter. As a Council, they like
to promote safety and security for the residents of Cottage Grove and all visitors. He
hoped the Council would approve this item tonight.
Mayor Bailey requested the Council to make a motion on the Consent Agenda with the
exception of Item D, on which they will vote separately.
Motion by Council Member Mills to approve the agenda without Item D; second by
Council Member Thiede. Motion carried: 5-0.
Mayor Bailey stated there are a variety of solar farms in Cottage Grove, and one thing
they noticed in the Ordinance was they weren't allowing solar panels on detached
structures. Mayor Bailey stated he had a concern about the size of other types of solar
panels that might be mounted to the ground, etc., so he asked staff to have a workshop
on this issue in the next month or so to get a better understanding of the Ordinance
Amendment.
Motion by Council Member Dennis to table Item D until a future date, second by Council
Member Johnson. Motion carried: 5-0.
8. APPROVE DISBURSEMENTS
A. Approve payments for the period of 1/17/2018 through 1/31/2018 for the
amount of$2,005,850.85.
Motion by Council Member Dennis to approve disbursements; second by Council
Member Mills. Motion carried: 5-0.
9. PUBLIC HEARINGS
A. Hadley Avenue Reconstruction Project
Staff Recommendation: 1) Hold the public hearing on the Hadley Avenue
Reconstruction Project. 2) Adopt Resolution 2018-014 ordering the
Hadley Avenue Reconstruction Project and authorizing the preparation of
plans and specifications.
Engineer Burfeind reviewed the improvements for this project, which will include fully
reconstructing Hadley Avenue from 65th Street to the Woodbury border. It will be a
two-lane urban collector roadway standard with curb and gutter; two 12' lanes and two
6' shoulders. It will include installation of City streetlights and storm sewer, as well as
the installation of sanitary sewer and water main to serve the Eastbrook development.
There will be grade corrections of the vertical curbs that are located along the roadway.
He showed diagrams of the proposed changes and photos of the existing street
conditions. Cutting down hills and raising low points along the roadway will occur.
Water main and sanitary sewer will be extended to the Eastbrook development. Water
City Council Meeting Minutes
February 7, 2018
Page 6
and sewer services will be installed into the rural properties now, so the road will not
have to be dug up in the future. Stormwater sewers will also be installed along the
roadway. A trail along Hadley Avenue will not be installed on the north side of 65th
Street due to safety concerns and topography conditions. A trail in the Highland Hills
development will be extended to the Eastbrook development, and in the future, south of
Eastbrook, there will be some additional trails that connect to 65th Street.
Proposed assessments for the Eastbrook development: Development is responsible for
100% of the sanitary sewer and water main costs, along with a portion of the road costs.
There will also be residential assessments on this development; per the City's Special
Assessment Policy, 45% of the road costs are assessed to the properties with direct
access to the roadway. The assessment amount will be approximately $36,000 per
residential buildable lot equivalent, which is a single-family home. However, the City
conducted a Special Benefit Appraisal that looked at the actual benefit to the property
from the improvements that are being made. That Special Benefit Appraisal was
$7,100, so the residential assessment will be capped at that amount. Engineer Burfeind
stated they'd been meeting with residents who live along this corridor to review the
project, the assessments, and the easement needs. They worked with the residents to
execute an Assessment Appeal Waiver Agreement.
The estimated total project cost is approximately $2,391,000; of that amount $943,000
is assessments, Sanitary Area Fund $240,000, Water Area Fund $102,000, Stormwater
Area Fund $320,000, and bonding or the additional street costs are $786,000.
Project schedule: If the project were to be ordered, construction would start in the
spring of 2018 with substantial completion in the fall of 2018. Per Minnesota State
Statute 429, the Resolution needs to be adopted by a 4/5 vote for the project to be
ordered.
Engineer Burfeind stated he'd take any questions from the Council Members. Council
Member Johnson asked if every home that would be hit with an assessment would also
have an easement to it; Engineer Burfeind stated that yes, they were looking at that for
all of the properties, but one of them might not. Council Member Johnson stated a
$7,100 assessment is quite steep and asked where it might actually even out with the
easements; Engineer Burfeind stated the estimated value of the easements is $68,000
and the assessments were $71,000, so it's very close to balancing. It just depends on
the property and how much easement is needed; the City might owe the property owner
or the resident might still owe the City.
Mayor Bailey asked if anyone had spoken with Woodbury for their input on the trail in
their community, to make sure it wouldn't dead end at the Cottage Grove border.
Engineer Burfeind stated they'd met with Woodbury and spoke about plans along the
border, utility connections, etc. He stated Woodbury reconstructed Woodlane Avenue
last year and Woodbury did not build a trail.
City Council Meeting Minutes
February 7, 2018
Page 7
Mayor Bailey opened the public hearing and asked if anyone wanted to speak on this
issue. Mark Gallagher, Cottage Grove, stated he was wondering where Hadley Avenue
connects with 65th Street on the east side of Highway 61. Mayor Bailey stated tonight
they were talking about the Hadley Avenue near the Woodbury border, not the Hadley
Avenue on the west side of Highway 61.
As no one else wished to address the City Council on this item, Mayor Bailey closed the
public hearing.
Motion by Council Member Mills to Adopt Resolution 2018-014 ordering the Hadley
Avenue Reconstruction Project and authorizing the preparation of plans and
specifications; second by Council Member Thiede. Motion carried: 5-0.
B. Boon Massage & Wellness Center LLC - Massage Business License
Staff Recommendation: 1) Hold the public hearing to consider authorizing
issuance of a massage business license. 2) Authorize issuance of a
massage business license to Boon Massage & Wellness Center LLC at
7424 East Point Douglas Road.
City Clerk Joe Fischbach stated that Boon Massage & Wellness Center, LLC, which is
solely owned and operated by Anna Pereira, had applied for a massage business
license to operate at 7424 East Point Douglas Road. She's also applied for a massage
therapist license, and her business would operate alongside Oasis Chiropractic, at the
same address. He reviewed Ms. Pereira's educational background and stated she's
currently a licensed massage therapist in the City of Woodbury. Cottage Grove City
Code requires that a hearing take place and notices be mailed to property owners and
occupants within a 500-foot radius of the business property, at least 15 days before the
public hearing. Notices were mailed on January 22, 2018. The Public Safety
Department conducted a required background investigation, and no facts were found
that would constitute a basis for denial of the application. Barring any negative
comments at the public hearing, the recommendation is that the business license be
issued to Boon Massage & Wellness Center, LLC.
Mayor Bailey asked if there were any questions; Council Member Johnson asked if they
were going to be right next to Oasis, and he was advised she would be in the same
location as Oasis Chiropractic. He asked Ms. Pereira if she'd be expanding her
business there, and she replied she'd work with Oasis Chiropractic patients but would
also have her own clientele.
Council Member Johnson asked where it went from being a chiropractor to turning into
a place where someone is giving massages. Chiropractors do some kind of massage
also so he asked when that changes. Clerk Fischbach explained technically primary
therapeutic is a massage, which would need a massage license and a massage
business license. A chiropractor would be separate and distinct, and if they wanted to
City Council Meeting Minutes
February 7, 2018
Page 8
do massage, they would have to have someone there with a massage license or they
themselves would need to acquire a business license that's subject to background.
Mayor Bailey opened the public hearing and invited anyone who wished to speak on
this item to do so. As no one wished to speak on this item, Mayor Bailey closed the
public hearing.
Motion by Council Member Dennis to authorize issuance of a massage business license
to Boon Massage &Wellness Center, LLC, at 7424 East Point Douglas Road; second
by Council Member Thiede. Motion carried: 5-0.
10. BID AWARDS — None.
11. REGULAR AGENDA— None.
12. COUNCIL COMMENTS AND REQUESTS
Council Member Thiede mentioned that they're looking for people to help with the
annual Strawberry Fest planning. The next meeting will be on Monday, February 12.
The meetings are at City Hall and they'd love to have more people participate and bring
their ideas.
Mayor Bailey stated next Monday, February 12, will be a special election; this is your
opportunity to get out and vote. It's an important election for representation of our area,
so he encouraged everyone to vote.
Mayor Bailey stated he was scheduled to speak at a Toastmaster's event last month,
but that was the night of the heavy snowfall so that didn't happen. That's been
rescheduled to Monday night, February 26, at City Hall. He encouraged everyone
to attend.
Mayor Bailey stated they've got multiple groups meeting as a part of My Future Cottage
Grove, a Community Center Task Force, a Mississippi River access workshop, a
housing task force, etc. There are a lot of opportunities for residents to get their voices
heard in our community, so feel free to reach out to a Council Member or go to the
City's Facebook page or the website and gather more information.
Council Member Thiede stated regarding the Mississippi River access, that's actually
the Settlers Island, the area near Grey Cloud Island where they put the new bridge in,
and he felt it was going to be a nice area. There will be things done with historic
preservation in that area to note the history there. He encouraged anyone who wants to
get involved to do so, and that will be on Tuesday, February 13, before the Parks &
Recreation Commission meeting.
Council Member Thiede stated there have been a lot of activities at the River Oaks Golf
City Council Meeting Minutes
February 7, 2018
Page 9
Course; there was a craft beer fest and there was a great turnout. There are other
events out there, including an upcoming craft show. If you go to the River Oaks Golf
Course website, all of the events are listed, and there's also the River Oaks Facebook
page. There are more things to do at River Oaks than golf, so check out the website.
13. WORKSHOPS — OPEN TO PUBLIC — None.
14. WORKSHOPS — CLOSED TO PUBLIC — None.
15. ADJOURNMENT
Motion by Council Member Dennis, second by Council Member Mills, to adjourn the
meeting at 7:53 p.m. Motion carried: 5-0.
Minutes prepared by Judy Graf and reviewed by Joe Fischbach, HR Manager/City
Clerk.