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HomeMy WebLinkAboutMinutes �i � ��� � �� �1,, �c��P�rity f�i��t .... .... .... .... .... .... .... .... .... .... .... .... ..... ���'� �rid� �►�d MINUTES COTTAGE GROVE CITY COUNCIL August 15, 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 15, 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; 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. Jodie Kaufman, 7755 Iverson Avenue South, stated that she wanted to talk about a multiple dog issue. Her neighbors, at 7715 Iverson Avenue South, moved in May of this year; they had approximately three to four dogs at that time, and several neighbors had called and complained about the noise and the barking. In July, Jody and her husband filed a complaint regarding the number of dogs at that residence, as it appeared to be getting out of control with five or six dogs. They also learned at that time that the neighbors had a business of breeding dogs, which sent up a red flag for them as they're directly in the Kaufmans' back yard. Right now, there are a total of four full-grown dogs, one of which is pregnant, and they've also seen one puppy. They believe that a 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 15, 2018 Page 2 responsible breeder would have checked the laws prior to moving here, so they had respectfully opposed the more than three dog rule, as the neighbors had come around, wanting the Kaufmans to sign that. They are not opposed to the neighbors wanting to keep an older dog that has health issues and the other three dogs that they currently own, as long as it would stay that way. They feel that breeding dogs in the city limits would potentially lower their property value; they're requesting that the City uphold the law of no more than three dogs allowed, as those were the laws in place when they moved here many years ago. They're fine with the neighbors keeping their four dogs. Mayor Bailey stated he knew they were working on this issue, as he'd been contacted, and everything on social media isn't necessarily correct. He explained that our Public Safety personnel and Code Enforcement personnel are working on this issue right now; he stated they'd contact her with whatever the decision is going to be. As no one else wished to address the Council, Mayor Bailey closed the open forum. 5. ADOPTION OF AGENDA Motion by Council Member Johnson to adopt the agenda; second by Council Member Thiede. Motion carried: 5-0. 6. PRESENTATIONS - None. 7. CONSENT AGENDA A. Approve the July 18, 2018 City Council Regular Meeting Minutes. B. Approve the August 1, 2018 City Council Regular Meeting Minutes. C. Authorize issuance of a single occasion gambling permit to Cottage Grove Elementary PTO Inc. to conduct a raffle at Cottage Grove Elementary on October 12, 2018. D. Authorize issuance of a temporary 3.2 liquor license to the Cottage Grove Lions for the Friends in Need Food Shelf Oktoberfest Event at Hope Glen Farm on September 23, 2018. E. 1) Adopt Resolution 2018-103 approving the amendment to the John P. Furber Wedding & Event Center Historic Properties Conditional Use Permit (HPCUP) and granting a four-foot parking setback variance to allow the parking lot to be located six feet from the western property line. 2) Approve the Certificate of Appropriateness for the HPCUP amendment for the John P. Furber Wedding & Event Center at 7310 Lamar Avenue South. F. Adopt Resolution 2018-104 authorizing the final payment for the Emergency Vehicle Hybrid Beacon, Central Fire Station - 80th Street Project to NEO Electric Solutions in the amount of$13,162.50. G. Approve the Joint Powers Agreement between the City of Cottage Grove and the City of Woodbury for the HERO Center. City Council Meeting Minutes August 15, 2018 Page 3 H. Approve the issuance of rental licenses to the properties in the attached table. I. 1) Adopt Resolution 2018-107 restricting parking along both sides of Goodview Avenue, from 65th Street to 66th Street. 2) Adopt Resolution 2018-108 restricting parking along the north side of 66th Street, from Geneva Avenue to Goodview Avenue. J. Approve the Central Draw Overflow Phase V— Pipe Alignment Recommendation Memo, concurring with Alignment 3. K. Approve the Public Works Department request to apply for the Minnesota Department of Natural Resources' Managing Emerald Ash Borer in Community Forests Grant in the amount of$30,000, to be used toward the Emerald Ash Borer Management Plan. None of the Council Members wished to pull any items for further comment and/or discussion. Motion by Council Member Thiede to approve the Consent Agenda; second by Council Member Dennis. Motion carried: 5-0. 8. APPROVE DISBURSEMENTS A. Approve payments for the period of 8/1/2018 - 8/9/2018 for $1,175,269.47. Motion by Council Member Mills to approve disbursements; second by Council Member Johnson. Motion carried: 5-0. 9. PUBLIC HEARINGS A. Ocean LLC Massage Business License Staff Recommendation: 1) Deny Ocean LLC's application for a massage business license at 7155 80th Street South. 2) Deny Guihua Wei's application for a massage therapist license. City Clerk Joe Fischbach stated this public hearing had been continued from the last Council Meeting because the Police Department needed more time to do their investigation regarding this application for a massage business license and a massage therapist license. The Police Department completed their investigation in the last week, and they recommended that the massage business license be denied because the applicant failed to disclose some information on the background investigation form that they completed. Mayor Bailey opened the public hearing; as no one wished to address the Council on this item, Mayor Bailey closed the public hearing. Motion by Council Member Thiede to deny the Ocean LLC's application for a massage business license at 7155 80th Street South; second by Council Member Mills. Council City Council Meeting Minutes August 15, 2018 Page 4 Member Dennis stated the City goes through a very thoughtful process when taking a look at business licenses; he wanted to remind everyone that obtaining a license is a privilege, it's not a right or a guarantee. Motion carried: 5-0. Motion by Council Member Dennis to deny Guihua Wei's application for a massage therapist license; second by Council Member Thiede. Motion carried: 5-0. 10. BID AWARDS — None. 11. REGULAR AGENDA A. Stoneybrook Villas Staff Recommendation:A. Adopt Resolution 2018-105 approving the comprehensive plan amendment to change the land use of 18.95 acres from High and Medium Density Residential to Medium Density Residential. 8. Pass Ordinance No. 995 approving the zoning amendment to rezone 18.95 acres of land proposed for the development of Stoneybrook Villas from AG-1, Agricultural Preservation, to R-5, Medium Density Residential. C. Adopt Resolution 2018-106 approving the Stoneybrook Villas'preliminary plat and associated site plan dated August 8, 2018, related to a clustered zero lot line medium density residential development, as proposed by Mark Elliot Homes, for the development of 661ots for attached duplex residential homes (66 units), 4 common lots, and 4 outlots for storm water ponding. Community Development Director/City Engineer Jennifer Levitt stated they'll be talking about two properties located at the intersection of Military Road and Keats Avenue. There are three applications: The first is for a land use amendment to change the 18.95 acres of property that is currently guided as high and medium density to all medium density residential. The second is for a zoning amendment, to change from AG-1 to R- 5, medium density residential cluster development attached housing. The third is for the preliminary plat that is known as Stoneybrook Villas. The two parcels involved are Parcel A & B, along Keats Avenue. Both of those parcels have a principle structure on them, accessory buildings. This was all previously agriculturally farmed; the property is relatively flat. In the 2030 land use, you can see the two different land use categories. In the 2040 land use, those parcels are all proposed for medium density. From a zoning perspective, it is AG-1, for agricultural. The preliminary plat is platting 66 units, twin home or duplex concept; the plat includes the necessary right of way to be dedicated for Keats Avenue and that will include the transportation trail along Keats. The developer is proposing to have an entrance monument off of Keats, which will be located in Outlot A; there are additional outlots related to storm water management. Access to the site will be off Keats Avenue; it will be a public street, 65th Street, so this complies with our spacing requirements with City Council Meeting Minutes August 15, 2018 Page 5 Washington County related to Keats Avenue. There will be private streets, which will have a narrower street width, 24 feet; there will be a no parking requirement on those streets. Director Levitt reviewed sidewalk and trail connections to the Cottage Grove Ravine Regional Park, which is part of the Washington County Master Plan to connect Lake Elmo Park with the Cottage Grove Ravine Regional Park. There will be a sidewalk on the south side of 65th Street; as development occurs on Military Road, possibly in 2019, they'll be able to construct the trail in parcels further to the west. She reviewed changes to the phasing diagram; the developer will be proposing 12 homes south of 65th Street and 26 homes north of 65th Street. As part of the R-5 medium density requirement, open space requirements are established for this type of development, and they've also met the criteria for that. Director Levitt reviewed the four outlots where the storm water ponds will be located. The City requires a major road buffer; they've integrated two of their outlots as the major road buffer, which meets the 75-foot requirement average along that area. The developer has submitted a very detailed landscaping plan and met the requirements for the tree mitigation; staff has approved those plans. Regarding fencing, we received comment from the adjacent property owner to the north about concern regarding his agricultural use and the close proximity to these homes; he expressed concerns about safety. Therefore, a condition was added that a fence must be installed along that property line to ensure that there is no conflict with those two uses. There will also be a fence along the retaining wall in the storm water pond outlot, located along Keats Avenue. All fencing must be consistent on the site. Director Levitt also reviewed the developer's proposed architectural styles. The applicant is here this evening to answer any questions Council may have. Council Member Thiede asked with the narrow roads, what kind of distance is present, from unit to unit, in terms of emergency vehicles getting in and around. Director Levitt stated the 24-foot streets will be signed as no parking, so the Fire Marshal was happy with that requirement to ensure that access will be maintained. There is a 25-foot setback from the curb line to the front of the homes. The Fire Marshall has reviewed the individual spacing, and there's a minimum of 15 feet between structures, which has been consistent with what we've done for our villa products. Mayor Bailey asked regarding the fence that's going to go across Keats Avenue if that was due to the retaining wall that's going to be there; Director Levitt confirmed that. Mayor Bailey asked if there was any idea what that fence would look like; he asked if it would be a vinyl type fence or wrought iron; Director Levitt stated at this time they've not seen the specific fence concept the developer is proposing. Mayor Bailey asked about the pond that's on the corner of Outlot B, which will be City Council Meeting Minutes August 15, 2018 Page 6 adjacent to the Military Historic Trail; his suggestion (depending on the amount of water once the project is completely full) is a nice feature to have would be some type of water fountain there as people are walking the Military Trail. Director Levitt stated she'd ask the developer to answer that and any ideas they'd have for that type of amenity. Mark Pasvogel, the CEO of Mark Elliot Homes, stated they're excited to provide this type of housing to Cottage Grove. He stated they have a concept for the fencing and the retaining wall; it will most likely be a black or white wrought iron railing going across, with a cobblestone retaining wall, but that will be discussed with Director Levitt. Regarding the possibility of a water fountain in the outlot, they can look at that, as it could add attractiveness. They'd need to look at how much water that pond is going to retain to keep the fountain going and how much maintenance cost will be borne by the HOA. Mayor Bailey felt the fountain would help reduce sediment build up, also. Mr. Pasvogel stated they're really trying to make that median pristine. Council Member Thiede stated he's impressed that he's concerned about the cost of the fountain, which would need to be borne by 66 homeowners, and appreciated the fact that they're looking at the fountain possibility. Council Member Johnson asked if in the homes they're building if it's common on the slab on grade to do the transad heat or if they'd be doing the venting through the ceilings. Mr. Pasvogel stated that everything goes through the roof. Council Member Johnson confirmed that they're upflow furnaces; Mr. Pasvogel said there is no in-floor heating in the slabs, although that could be an option for an upgrade. Mayor Bailey commented that it's great to have another developer in town with some different options available to current and future residents. Motion by Council Member Thiede to Adopt Resolution 2018-105, approving the comprehensive plan amendment to change the land use of 18.95 acres from High and Medium Density Residential to Medium Density Residential; second by Council Member Dennis. Motion carried: 5-0. Motion by Council Member Mills to pass Ordinance No. 995, approving the zoning amendment to rezone 18.95 acres of land proposed for the development of Stoneybrook Villas from AG-1, Agricultural Preservation, to R-5, Medium Density Residential; second by Council Member Johnson. Motion carried: 5-0. Motion by Council Member Dennis to Adopt Resolution 2018-106 approving the Stoneybrook Villas' preliminary plat and associated site plan dated August 8, 2018, related to a clustered zero lot line medium density residential development, as proposed by Mark Elliot Homes, for the development of 66 lots for attached duplex residential homes (66 units), 4 common lots, and 4 outlots for storm water ponding; second by Council Member Thiede. Motion carried: 5-0. City Council Meeting Minutes August 15, 2018 Page 7 12. COUNCIL COMMENTS AND REQUESTS Council Member Mills stated that tomorrow night at Hearthside Park is a summer concert series, put on by the Arts Commission; she encouraged everyone to attend and enjoy music in the park. Council Member Dennis stated during some neighborhood canvassing, in the area of 69th and Hinton Avenue, there are safety concerns from numerous residents about children trying to cross that roadway. They wanted to know if there could be some type of an application done to get a marked crosswalk, something with lights, to help make that area safer for the children. He hoped staff could do something with that request. Mayor Bailey stated he knew the Public Safety Department was already working on checking into options for that area. Council Member Thiede stated regarding the work they've been doing to make the Mississippi River more accessible, this Saturday there will be an event to canoe the backwaters at Hazen P. Mooers Park. Two groups of 20 filled up a few weeks ago; this means people are really interested. He felt, due to the success, there will most likely be future events planned. He encouraged everyone to explore that area of Cottage Grove. Council Member Johnson stated he wanted to piggyback on the safety concerns at 69th Street and Hinton Avenue. It's very busy there and he's witnessed children trying to navigate that area; his concern with putting a crosswalk there, as it's so close to the four-way stop at 70th Street and Hinton, is that it might back up traffic. He's hoping they can come up with a workable solution there. Council Member Johnson thanked everyone who participated in the recent primary election. Some citizens commented that they did not know the elections were taking place and felt there was not enough information to make their choices. Election season continues; September 6 is the League of Women Voters Candidate Forum for Washington County Commissioners, here at City Hall. There are many sources available to obtain information, including the South Washington County Bulletin, online, or the Minneapolis Star Tribune or the St. Paul Pioneer Press. He encouraged everybody to do their duty, do their research, and vote. That's how citizens affect change in the areas in which they live. Council Member Thiede stated regarding the crosswalk option on Hinton Avenue, when the roundabout goes in, that would be a perfect opportunity to work with Washington County to look at options. Mayor Bailey stated eventually there will not be a four- way stop at 70th and Hinton as it will be a roundabout sometime next year. Mayor Bailey stated on August 22, in the afternoon, there will be a Facebook Live budget presentation. If you want to learn about how the money ebbs and flows within Cottage Grove and how we watch the taxpayer dollar very carefully, there will be an opportunity to ask questions. If you can't watch at that time, there will be an opportunity City Council Meeting Minutes August 15, 2018 Page 8 to view it afterward and comment and responses will be given. Questions can be asked in advance, through the Council Members or the City's Facebook page. It's another way to reach out to the community. Mayor Bailey stated Lemonade Day in Cottage Grove will be on August 25; the last he heard there were about 80 children who had signed up to have a lemonade stand in the City of Cottage Grove that day. There is more information available on Facebook. Mayor Bailey congratulated Council Member Johnson for being one of the final two candidates for the County Commissioner position. Because former County Commissioner Karla Bigham became a Senator, as soon as the election is completed, should Council Member Johnson win, he would immediately be taking the role as County Commissioner. There will be further discussion about the possible open seat on the City Council after the election. Mayor Bailey stated Sergeant Brian Franck's wife, Heather, is extremely ill; there is a group of police officers and others who are putting together a benefit for the family. One of Heather's concerns is making sure that their two children, Elle, 17, and Sam, 12, can get the college education and all the things that they should do as kids. On September 29, there will be a benefit put on by the Cottage Grove Lions Club and the Cottage Grove Public Safety Board: "1 am asking for your business or individuals to consider making donations towards the silent auction or a monetary donation towards supporting the Franck family. Our goal is to raise enough money to assist their children with college and to give Heather peace of mind that her family will be taken care of and supported in her passing. 1 sincerely appreciate your time and consideration in this matter. Monetary contributions may be made to Merchants Bank at 8479 East Point Douglas Road, Cottage Grove, and you can put on there in care of the Franck Family Benefit. Or, if you wish to donate a silent auction item, you can contact one of our police officers, Adam Pelton, at 651-246-7094." Mayor Bailey stated Sergeant Franck has been very active in our community, specifically with our youth in the schools, and this came as quite a shock, as his wife was doing well and then, unfortunately, she took a serious turn. Public Safety members are supporting this family as much as they can, making sure that Brian has time to spend with Heather and the kids. Mayor Bailey's looking forward to seeing everybody support this family; more information about the benefit will be provided so everyone can attend. Council Member Dennis stated as a former law enforcement officer, the Thin Blue Line is very strong with him; this is a truly heartbreaking situation for this wonderful family. As a business owner in Cottage Grove and member of our Chamber of Commerce, he will be actively involved. He will work through Public Safety Director Koerner as a channel to get some really cool things for this event. He just wanted to reach out to all of his fellow business owners in the City of Cottage Grove to please consider making a donation to this very worthy cause to help this family at a most grievous time. Mayor Bailey stated he knows that this community has always pulled together when City Council Meeting Minutes August 15, 2018 Page 9 people are in need, and I expect they will do the same in this case, too. He thanked everybody in advance who will help out the Franck family. 13. WORKSHOPS — OPEN TO PUBLIC — None. 14. WORKSHOPS — CLOSED TO PUBLIC — None. 15. ADJOURNMENT Motion by Council Member Dennis, second by Council Member Thiede, to adjourn the meeting at 7:39 p.m. Motion carried: 5-0. Minutes prepared by Judy Graf and reviewed by Joe Fischbach, HR Manager/City Clerk.