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MINUTES
COTTAGE GROVE CITY COUNCIL August 1 , 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 August 1, 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: Mayor Myron Bailey, 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; Les Burshten, Public Works Director; Joe Fischbach/HR
Manager/City Clerk; Pete Koerner, Director of Public Safety; Jennifer Levitt, Community
Development Director/City Engineer; John McCool, Senior Planner; Robin Roland,
Finance Director.
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.
Ken Shearer, 7431 Hyde Avenue, stated on Hinton Avenue, south of 76th, there were
some teenage kids picking up the caps on the lights, which cover the nuts and bolts,
and were throwing them at cars. They threw one at him and didn't miss; he brought
them with him to return them. He said his car didn't get hit, but he personally got hit.
He also wanted to thank the City for taking the Ash tree out of his front yard. However,
he wanted to get the name and address of the contractor who put the new tree in, as he
did it incorrectly.
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
August 1, 2018
Page 2
Jason Eiden-Giel, 9425 Dunes Lane, in the Mississippi Dunes Estates development,
stated he's been working with Community Development Director/City Engineer Jennifer
Levitt and Senior Planner John Burbank on some issues related to the new fifth addition
that's being developed. He supports the City Resolution as a condition of the
development that they make sure that the new addition is a part of the HOA. He stated
he's getting a lot of resistance from the fifth addition; he's retained an attorney to
support him and the Board's action, based on 2/3 of the residents, to annex the fourth
addition into the HOA. Once the fifth addition came on, they wanted to make sure there
was coordination between the fourth and the fifth additions, but they've gotten nothing
but resistance, misinterpretations, etc. The fifth addition wanted to get on today's
agenda to talk about amending the Resolution to try to break away and become their
own HOA or find alternate solutions; he just wanted to make sure the Council
understood and heard from his HOA that they're very much in favor of having one HOA
that covers that entire neighborhood as a cohesive HOA. There's reportedly a meeting
that will take place between City Attorney Korine Land, his attorney, Dave, and the
attorney for the fifth addition; he just wanted to make sure it's transparent that his
attorney is only to annex the fourth addition so they're going to incur potential costs to
negotiate with the fifth. He wanted to ensure it's clear that their objective is to have one
cohesive HOA and are working in favor of that.
As no one else wished to address the Council, Mayor Bailey closed the open forum.
5. ADOPTION OF AGENDA
Motion by Council Member Thiede to adopt the agenda; second by Council Member
Dennis. Motion carried: 5-0.
6. PRESENTATIONS
A. Proclamation - Lemonade Day in Cottage Grove, August 25, 2018
Staff Recommendation: Proclaim August 25, 2018 as Lemonade Day in
the City of Cottage Grove
Chris Carey, 9461 Dunes Lane, stated he and his wife, Heather, are honored to be
bringing Lemonade Day to Cottage Grove and to the State of Minnesota for the first
time; it started in Texas and he heard about it from the Raising Cane's restaurant in
West St. Paul, who's a national sponsor. It's an educational initiative that introduces
youth entrepreneurship and teaches them how to start, own, and operate their own
business, a lemonade stand. It will teach youth skills that will prepare them for both
business and life, and it culminates in a real-life experience with youth setting up their
own lemonade stand during the community-wide Lemonade Day on Saturday, August
25. It's free to those participating in a licensed City. He gave the history of Lemonade
Day and how the initial entrepreneur learned about revenue, the cost of supplies, etc.
This is the first time there will be a Lemonade Day in Minnesota, here in Cottage Grove.
He explained the curriculum steps involved with the project, including instructions for
City Council Meeting Minutes
August 1, 2018
Page 3
youth and their mentor. Right now, there are 33 children signed up; the goal is 100. Mr.
Carey stated they'll be excited to see all of the lemonade stands in the City on August
25 and will try to visit all of them.
Council Member Thiede stated he thought this was a great idea. It reminded him of
Junior Achievement, and he wondered if they were involved with this; Mr. Carey stated
that they'd attended training and found that there are organizations with which Cane's
partnered and Junior Achievement was one of them.
Council Member Dennis wanted to commend Mr. and Mrs. Carey for bringing this
opportunity to Cottage Grove; he also stated he'd like to be involved in this in the future.
He'd previously participated in Junior Achievement, which he found very helpful.
Council Member Johnson stated this will build a more knowledgeable person, a
consumer; as they move through life, once they realize what's involved in the cost of
running a business, they will hopefully understand and make better choices throughout
their lives. He felt this will help them all make better financial decisions moving forward,
and he thought this was a great opportunity for all of them; he hoped to see it grow year
after year. He thanked Mr. and Mrs. Carey for doing this.
Council Member Mills asked if the Careys' children were going to have a lemonade
stand; Mr. Carey stated that yes, they are. Council Member Mills asked if it would be at
their business, and Mr. Carey stated he was going to let them choose their site, as that
was part of the process, but they don't get a lot of traffic there so there might be some
better locations available for a lemonade stand. Mrs. Carey stated that there are also
prizes available; Mr. Carey stated there's an Entrepreneur of the Year award, Best
Tasting Lemonade award, and Best Lemonade Stand award; a bicycle will also be given
away. Council Member Mills stated that was excellent and she'll help promote it.
Mayor Bailey asked if the intent was to announce the addresses of the stands; Mr.
Carey stated there's a map feature available so people will be able to patronize the
lemonade stands. Mayor Bailey stated Communications Coordinator Sharon Madsen
would also be putting that information on the City's Facebook page.
Mayor Bailey read aloud the proclamation for Lemonade Day in Cottage Grove on
August 25, 2018.
Motion by Council Member Dennis to proclaim August 25, 2018, as Lemonade Day in
the City of Cottage Grove; second by Council Member Thiede. Motion carried: 5-0.
7. CONSENT AGENDA
A. Accept and place on file the approved minutes from the Planning
Commission meeting on June 25, 2018.
City Council Meeting Minutes
August 1, 2018
Page 4
B. Adopt Resolution 2018-095 approving a variance to reduce the rear
setback requirement from 35 feet to 20 feet at 9658 Hillside Trail South in
order to allow the updating of the existing porch (accessory structure) into
an enclosed three-season porch (primary structure addition).
C. Approve the following deferred assessment waiver agreements for the
Ravine Parkway Project: Axel E. Bloomquist and Jean E. Bloomquist;
Gerald A. Bloomquist and Julie A. Bloomquist; Jerome D. Knutson and
Lisa A. Knutson.
D. Approve the issuance of rental licenses to the properties listed in the
attached table.
E. Adopt Resolution 2018-097 authorizing the release and distribution of the
Draft 2040 Comprehensive Plan to neighboring jurisdictions and affected
governmental units for review as required in MN Statute 473.858,
Subdivision 2.
F. Approve service agreement with Short Elliot Hendrickson, Inc. (SEH) to
complete a space needs study for the Public Works and Parks
Department for the amount of$21,000.
G. Review the River Oaks 2nd Quarter Report.
H. Adopt Resolution 2018-099 committing the City's budget resources to
funding the HERO Center expenses until City debt for the project is
issued.
I. Adopt Resolution 2018-100 approving the plans & specifications and
establishing a September 6, 2018, bid date for the HERO Center Project.
J. Adopt Resolution 2018-098 decommissioning the Old City Hall at 7516
80th Street South and terminating the lease with Verizon.
K. Adopt Resolution 2018-101 restricting parking along the south and east
side of Pine Arbor Drive, from Pine Arbor Lane to Pine Arbor Boulevard.
L. Authorize sending to Washington County the response letter regarding
naming the unnamed lake in Section 4.
M. Adopt Resolution 2018-102 stating that 0.90 acres of land is necessary for
construction of the Ravine Parkway and request that it be removed from
the Conservation Easement.
Council Member Dennis wished to pull Item L, and Council Member Thiede wished to
pull Item E and Item J for further comment and/or discussion.
Council Member Thiede stated on Item E, Draft 2040 Comprehensive Plan - Authorize
Distribution, there's been a lot of work done on the Comprehensive Plan for 2040. He
wanted to voice some disappointment in that the Historic Preservation Group, for which
he's the liaison, had some discussions about trying to preserve some of the nature of
Old Cottage Grove. While we do a lot for individual structures, we don't do much for
historic areas. He felt we should actually create a historic district in that Old Cottage
Grove area so that anything newly built would look like it's from the period of the latter
1800s or early 1900s. Council Member Thiede stated it was disappointing that there
wasn't something in the 2040 Plan to preserve a lot of that heritage.
City Council Meeting Minutes
August 1, 2018
Page 5
Council Member Thiede stated on Item J, Decommissioning the Old City Hall and
Terminating the Lease with Verizon, he asked a lot of questions about terminating the
lease with Verizon and how much revenue we were getting from that tower and what it
would cost to tear down the building. Washington County is looking to have a new
library so Washington County might be interested in the previous City Hall site, and
we're possibly looking at a new Community Center. Others are also interested in that
land, but he wants to try to optimize the return for the City in terms of associated costs.
He wanted to make it known that when he looked at the lease for Verizon and the way
it's written, we have to use the terminology of a year advance notice to terminate the
contract; they plan to work with Verizon and keep them in town and might be just
relocating the tower, etc. Regarding the building, they're doing some environmental
studies and making sure the land is okay. There will also be a cost analysis done
before we give up the former City Hall.
Council Member Dennis stated regarding Item L, Section 4 Lake Naming Response
Letter, he wanted to ask that we pull this from the Consent Agenda and have a separate
discussion and vote on it.
Motion by Council Member Dennis to approve the Consent Agenda, except Item L,
which will be a separate discussion and vote; second by Council Member Thiede.
Motion carried: 5-0.
Council Member Dennis stated regarding Item L, he felt that everything we do should be
a people business first. He pulled this for a separate vote because the Wolterstorff
family has, through good faith, applied through the proper channels to name the water
feature on their property and in doing so they want to honor a late patriarch and former
landowner. The recommendation from staff and the Advisory Committee on Historic
Preservation is to use the name Shepard Lake, based on its geographical location.
However, that's resulted in an adverse outcome to the family's intent and has rotated
this finding a full 180 degrees from the clear request to name it Lake Robert. He
pointed out that this lake has remained unnamed for many decades and would have
continued that way had it not been through the efforts of the property owner. He felt just
because the lake had been referred to by another name, he personally didn't feel that
provided justification for going against the good faith intentions of the property owner.
This property and farmland is not associated with the Shepard Farm parcel; so, there is
no connection other than that inferred of sharing what was once a common property
line. He cannot agree with the findings or the recommendation to call the lake Shepard
Lake; therefore, he would not vote for this recommendation. He is in no way inferring
that either our staff or the Committee acted in a manner that was outside of good faith.
He felt the property owner's request had been turned aside in such a way that virtually
everyone, if they found themselves in this situation, would be unhappy with the
outcome. He felt because he's in the people business and he doesn't want to let down
Grandma Emily, age 94, who's the center of their family, he simply cannot do that in
good faith so he's against this.
City Council Meeting Minutes
August 1, 2018
Page 6
Mayor Bailey asked Engineer Levitt if it was accurate to say that this has been known
as Shepard's Lake; Engineer Levitt stated it's locally known as Shepard's Pond, but
based on the size of the body of water, it constitutes a lake. When the Historic
Preservation Committee looked at it, they recognized the community's knowledge of
Shepard. The Dodge Nature Center called their farm Shepard's Farm, staying with the
lineage of the property; as noted by Council Member Dennis, the lake feature is not on
what was previously the Shepard property. There is kind of that historical significance,
so the Committee felt it would be important to keep the tie to that feature and the
prominent resident he was in our community.
Mayor Bailey asked if the owner lived in Cottage Grove; he was informed that he lived in
both Cottage Grove and Woodbury, near Military and Jamaica.
Council Member Thiede stated Michael's Pointe was Wolterstorff property; he wanted to
know if The Preserve was also. He was advised it was not. Council Member Thiede
stated he's on the Historic Preservation Committee and he had no issue with the name.
Motion by Council Member Dennis to authorize staff to send to Washington County a
response letter regarding the renaming of the unnamed lake in Section 4 to be called
Robert Lake; second by Council Member Mills. Motion carried: 5-0.
8. APPROVE DISBURSEMENTS
A. Approve payments for the period of 7/18/2018 - 7/26/2018 for
$1,362,628.30.
Motion by Council Member Thiede to approve disbursements; second by Council
Member Johnson. Motion carried: 5-0.
9. PUBLIC HEARINGS
A. Ocean LLC Massage Business License
Staff Recommendation: Continue the public hearing to consider Ocean
LLC's application to operate a massage business at 7155 80th Street
South to the August 15, 2018 Regular Meeting.
City Clerk Joe Fischbach stated tonight they'd be asking the Council to continue the
public hearing to the August 15, 2018 Regular Meeting to consider Ocean LLC's
application to operate a massage business at 7155 80th Street South. The background
investigation by the Police Department has not yet been completed, so they've asked
that this item be continued until the next Council Meeting.
Mayor Bailey opened the public hearing; as no one wished to speak on this item, Mayor
Bailey closed the public hearing.
City Council Meeting Minutes
August 1, 2018
Page 7
Motion by Council Member Thiede to continue Ocean LLC's application to operate a
massage business at 7155 80th Street to the August 15, 2018, Regular Meeting;
second by Council Member Dennis. Motion carried: 5-0.
10. BID AWARDS
A. Ice Arena Locker Room Expansion Project
Staff Recommendation:Authorize Ice Arena locker room expansion project
bid packages as presented by Construction Manager RVK Architects for
the total construction amount of$416,830.42.
Recreation Facilities Manager Jordan Hirman stated at the June 20, 2018, City Council
Meeting, the Council authorized a locker room expansion at the Cottage Grove Ice
Arena; the amount at that time was $366,100, with 75% of it coming from the East
Ridge Faceoff Club and the remainder coming from the Ice Arena. Since that time, the
bidding has occurred; with the difficult bidding process, the price has increased to
$416,830.42, and that's an increase of$17,500 from the Ice Arena and $52,000 from
the East Ridge Faceoff Club. He and Dick Krumm from RVK Architects would be happy
to answer any questions.
Mayor Bailey asked if the East Ridge Faceoff Club representative was present; he was.
Mayor Bailey asked him if they were comfortable with the price increase and if they'd be
able to cover that expense; he replied that they were okay with the price increase.
Motion by Council Member Mills to authorize Ice Arena locker room expansion project
bid packages as presented by Construction Manager RVK Architects for the total
construction amount of$416,830.42; second by Council Member Johnson.
Motion carried: 5-0.
11. REGULAR AGENDA
A. Planet Fitness - Conditional Use Permit and Site Plan Review
Staff Recommendation:Adopt Resolution 2018-096 approving the
conditional use permit for the proposed Planet Fitness to occupy
approximately 18,025 square feet of space at 7240 East Point Douglas
Road South and the amendment to the site plan to add landscape islands
and 68 passenger vehicle parking spaces.
Senior Planner John McCool stated there was an application filed for this project by
RSP Architects, and the application is a site plan amendment to what used to be the
Grove Plaza shopping center. There's a conditional use permit for the proposed Planet
Fitness, to occupy approximately 18,000 square feet in the existing structure. As part of
the project, there is the elimination of the garden center that exists on the east side of
the building, formerly known as the Home Depot garden center; that will be replaced by
City Council Meeting Minutes
August 1, 2018
Page 8
68 parking spaces. The project will also include two future retail storefronts on the
property itself. The property location is on the south side of 80th Street, along East
Point Douglas Road. He reviewed the site plan for the property; the improvements
would be the four landscaped islands along the front of the building. Currently being
remodeled are the TJ Maxx and Home Goods stores, and they're at the westerly end of
the existing structure; to the east of that would be the two tenant spaces that will be
available. The existing wooden privacy fence is on the north side, closest to the
commercial property, and there's an existing arbor vitae hedge along that side of the
property. He displayed the building elevation of the proposed improvements on the
existing structure; Planet Fitness will be next to the two tenant spaces. Planner McCool
stated the exterior wall will be finished with an exterior finish insulation system (EFIS),
which will be painted. To the east, closest to the residential area east of the site, there
will be two window areas, which will provide natural light into the main fitness room for
Planet Fitness. There are no proposed changes to the back side of the building.
Planner McCool reviewed the floor plan and also noted the privacy fence will continue to
exist on the property. Landscaping improvements will be done within each of the
curbed islands within the parking lot.
Representatives for the project were present to answer any questions; Howard Levy,
200 South Broad Street, Philadelphia, Pennsylvania, and Kent Doble, RSP Architects,
Minneapolis, introduced themselves.
Council Member Thiede stated he noted three dock spaces that were on the north side
of the building; obviously, two of them are within the Planet Fitness area and end up
being in the utility space. He wondered if the third one was giving dock access to the
other two tenant spaces, as there's not really a lot of space back there for trucks to
unload if they're right along the building. He was advised that it would be the intention
for the tenant closest to Planet Fitness to use the one remaining dock. Council Member
Thiede asked what they'd be doing for the other tenant space; he was advised they'd
have to create another dock to service that retailer.
Mayor Bailey asked if the two docks shown at the Planet Fitness location would no
longer be used as docks; he was informed they would still remain as docks. Mayor
Bailey stated there was concern about the lights being there; his understanding was if
that becomes an issue later on, there would be a privacy fence put up. Because the
dock is staying, there's a wall there already, and the likelihood of cars' headlights
flashing down into the residential area actually would be very minimal, if at all, and the
wall would also help mitigate any noise.
Mayor Bailey asked if the intent was to build out the facades of the two future tenants or
if they're going to leave those as is until another business comes in; he was advised
those are going to be left alone because they don't who the tenants will be and each
tenant has their own particular design and facade. It would be wasteful to build a
facade only to have it taken down later.
City Council Meeting Minutes
August 1, 2018
Page 9
Council Member Dennis stated he wanted to thank them for all of their hard work in
helping to get this issue solved, as it's been a long time since they've had a tenant
there and it's nice to see this finally settled.
Motion by Council Member Thiede to Adopt Resolution 2018-096 approving the
conditional use permit for the proposed Planet Fitness to occupy approximately 18,025
square feet of space at 7240 East Point Douglas Road South and the amendment to the
site plan to add landscape islands and 68 passenger vehicle parking spaces; second by
Council Member Johnson. Motion carried: 5-0.
12. COUNCIL COMMENTS AND REQUESTS
Council Member Dennis stated he wanted to talk about something important, called
"Swipe Out Hunger," an initiative that was started by one of our local business investors,
Merchants Bank. They're working in conjunction with a number of food shelves in areas
where their banks provide service. He read a post from the Facebook page of our local
food shelf, the Friends in Need Food Shelf, regarding the Merchants Bank "Swipe Out
Hunger," which takes place from August 1 to August 8. Friends in Need Food Shelf will
get a donation from Merchants Bank based on the number of votes we receive on their
Facebook page; simply click on the link. You can vote once every 24 hours. You need
to have a Facebook page; if you don't have one, you can ask friends or relatives to vote
for you. Last year we were in second place; Hastings is winning, but they have 40%
less population than Cottage Grove. If we can rally the troops in Cottage Grove to vote
for this, we can win this. The top prize is $2,500; by virtue of their buying power they
can take $1 and turn it 10 fold, so the $2,500 would mean the world to a lot of folks who
might need their services. He thanked Merchants Bank for doing this again, as it's a
fantastic program. He urged everybody to take a moment, go on Facebook, look this
up, and vote, as it can make a big difference.
Council Member Thiede stated on Friday, at River Oaks, there is a beer day with $1.50
off beers; for anyone who sees this in time, get over to River Oaks and spend some
time there on Friday.
Council Member Thiede stated the canoe the backwaters event at Hazen P. Mooer's
Park on August 18 is already full; they're getting kayaks and canoes, and it's sponsored
by Parks and Recreation. He imagined you could still come if you had your own canoe
or kayak; because this filled up so quickly, we'll probably have some more activities
there in the future. Mayor Bailey stated he's heard from citizens who wanted to be part
of the canoe/kayak event, so if it's as successful as he thinks it will be, he'd encourage
talking with Director Zac Dockter and Recreation Supervisor Molly Pietruszewski from
Parks and Recreation about doing another one. It's pretty tight from a space
standpoint, so they might have to choose another day. Administrator Charlene Stevens
stated it's our first year of trying some new things with river access; we'll see how it
goes. If it is successful and well received, they'll look at other options to either do
another event this fall or plan some additional events for 2019.
City Council Meeting Minutes
August 1, 2018
Page 10
Council Member Johnson asked if the Highlands Park paddleboat was put there by the
City; Administrator Stevens stated the Parks and Recreation Commission started the
program of having a paddleboat out there. Some vandalism occurred, so it was
removed for a period of time, but it should be back in service soon.
Council Member Johnson stated there seemed to be an ongoing issue at Kingston Park
with vandalized portable toilets; he wondered if there was a plan to address this going
forward. Administrator Stevens stated we've had some vandalism there, which occurs
annually in our parks, and yes, the staff is working on ways to address that. Council
Member Thiede asked if we had cameras out there, which we do. Council Member
Johnson asked if we had the cameras in the right spot; Director of Public Safety Pete
Koerner stated they're going to readjust them for certain areas, but we've arrested a
couple juveniles for curfew violations, not for vandalism, but they're patrolling.
Council Member Johnson stated there's a primary election on August 14; it's a very
important election coming up. Don't assume your voting location is the same as it was
for the general election, as his personally had changed; make sure to check your voting
location.
Mayor Bailey wanted to acknowledge Senator Karla Bigham as the League of
Minnesota Cities actually selected her as the Legislator of Distinction for 2018. There
were 25 legislators recognized, 14 House members and 11 Senate members, for their
actions and leadership on a wide variety of legislative issues of importance to cities
across the state. They wanted to acknowledge those legislators who are very city
friendly and help continue strengthening the partnership between state and local
government officials within Minnesota. Mayor Bailey wanted to congratulate and thank
Senator Bigham for her leadership.
Mayor Bailey stated that next week, August 7, is Night to Unite in Cottage Grove. There
are multiple neighborhood events happening, upwards of 40 parties, and a number of
us will be out there visiting and talking to them. There are also two events for seniors, a
Noon Out at Norris Square and another version of a Noon Out at White Pine; he'll be
attending both of those events. The Crossroads Church at Jamaica and 80th will be
doing a special event that night; they're working with Thrivent and are doing a Family
Fun event, coinciding with Night to Unite. They will have food and rides and gaming
trucks; there is a cost for some of these items, not all, but 100% of the proceeds will go
to support our local Youth Service Bureau. Thrivent is putting together all of the food
along with Crossroads Church. Mayor Bailey will be there from 5:00 to 5:30, in the dunk
tank, so he hopes many people will attend this event also. He encouraged residents to
get outside for Night to Unite and get to know your neighbors.
13. WORKSHOPS — OPEN TO PUBLIC — None.
14. WORKSHOPS — CLOSED TO PUBLIC — None.
City Council Meeting Minutes
August 1, 2018
Page 11
15. ADJOURNMENT
Motion by Council Member Dennis, second by Council Member Mills, to adjourn the
meeting at 8:02 p.m. Motion carried: 5-0.
Minutes prepared by Judy Graf and reviewed by Joe Fischbach, HR Manager/City
Clerk.