Cottage Grove City Council Meeting 07-19-2023
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This transcript has been formatted with speaker names based on the provided context and the roles identified during the July 19, 2023, Cottage Grove City Council meeting.
**Note on Council Members:** While the provided list included Councilmembers Garza and Clausen, the transcript identifies **Councilmember Tony Khambata** and **Councilmember Steve Dennis** as the members present and active during this specific session alongside Councilmembers Thiede and Olsen.
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**[00:00] Mayor Myron Bailey:** All right, good evening. This is the July 19th, 2023, Cottage Grove City Council meeting, which I'm calling to order. The first order of business is the Pledge of Allegiance. Will you please rise? "I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all." Will the clerk please do the roll?
**[00:35] Tammy Anderson (City Clerk):** Councilmember Khambata?
**[00:37] Councilmember Tony Khambata:** Present.
**[00:38] Tammy Anderson (City Clerk):** Councilmember Dennis?
**[00:39] Councilmember Steve Dennis:** Here.
**[00:40] Tammy Anderson (City Clerk):** Councilmember Thiede?
**[00:41] Councilmember Dave Thiede:** Here.
**[00:42] Tammy Anderson (City Clerk):** Councilmember Olsen?
**[00:43] Councilmember Justin Olsen:** Here.
**[00:44] Tammy Anderson (City Clerk):** Mayor Bailey?
**[00:45] Mayor Myron Bailey:** Here. Next on our agenda this evening is Open Forum. This is the opportunity for anybody who wants to speak on something that's not on tonight's agenda; you are welcome to do so. I know we did have somebody sign up for something that's under Consent, so what we'll do is we'll pull that item off of Consent for any comments and we'll vote on that separately. So just let the Council know once we get to Consent. But if there is anybody else that maybe didn't sign up out in the entryway, is there anybody else who would like to speak on Open Forum? All right, I'll go ahead and close Open Forum and we'll move to number five, which is adoption of the agenda.
**[01:45] Councilmember Steve Dennis:** Motion to adopt the agenda.
**[01:47] Councilmember Dave Thiede:** Second.
**[01:48] Mayor Myron Bailey:** All right, so we have a motion by Councilmember Dennis, second by Councilmember Thiede. All those in favor signify by saying aye. (Group: Aye). Opposed? Motion carries. Next is six, which is presentations, and we do have one this evening. It is the almost-that-time-again Night to Unite Proclamation and event overview, and our Community Engagement Officer, Dan Schoen, is going to walk us through this. So, welcome Dan.
**[02:15] Dan Schoen (Community Engagement Officer):** Well, thank you, Mr. Mayor and honorable Councilmembers. I gotta get this to the start point here. Look at that, we made her work. So I'm going to move through this as well as I can, like an auctioneer maybe just a little bit tonight. I know you have a busy agenda. I want to thank everybody for taking the time to watch and be here, but yes, once again Cottage Grove is participating in Night to Unite on Tuesday, August 1st. Obviously, the purpose of Night to Unite is to heighten crime and drug prevention awareness, generate support for and participation in our anti-crime efforts throughout the city, strengthen neighborhood spirit and police-community partnerships, and quite frankly, send a message to criminals letting them know that our neighborhoods are organized and fighting back.
Police Department, Fire Department, and elected officials like yourselves and our city staff will visit many gatherings as part of this crime prevention event. We ask our citizens to register by Tuesday, July 25th, to guarantee a visit and qualify for prize drawings, one of which will be a Mall of America gift basket worth $500. We'll also participate in the "Fill the Bag" campaign to collect paper products for Friends in Need Food Shelf, and the "Fill the Backpack" campaign which will go to support school supplies for kids at the Friends in Need Food Shelf. We'll have a coloring contest once again. Our Parks and Rec Department is going to be offering a Summer Outdoor Fun Pack. Turn it in by Friday, August 4th, to be considered for the drawing.
All of our information is on the city webpage. You know, you look back at where we've come from, Night to Unite is all about being connected to our community, having our officers and our firefighters be engaged with everybody that's there. We can't do this alone; we need your help. This picture was taken in July of 1963; that was 60 years ago. We've come a long way at the Cottage Grove Police Department and Public Safety. As usual, I gotta give a big shout-out to Charlene Raymond, who is the support staff member that really organizes all this. We understand that that's a busy time of year as well for everybody. We're up to about 50 parties that are registered; last year we had a total of 58, so we'll probably surpass that.
**[04:55] Mayor Myron Bailey:** All right, sounds good. Thank you for showing that. Questions, Council, at this point? Councilmember Olsen.
**[05:01] Councilmember Justin Olsen:** Thank you for being here, Officer Schoen. I know that you're too humble to mention it, but I know you've been doing a ton of work in preparing for this as well. It would be really fun to break our record. We talked about this event last night at our Cottage Grove Lions meeting. We're going to happily donate some gift cards to be handed out for that event. We're also really appreciative of the hard work and effort that all of the people who organize these parties put forward with regard to collecting school supplies. That is a massive need. Don’t be shy; there's a lot of need out there. Anything you donate will definitely be put to good use. Hopefully, the weather will cooperate. Thanks a lot.
**[06:18] Mayor Myron Bailey:** All right, anybody else? All right, so then as part of this, we do have a proclamation, and I've asked Councilmember Dennis to please read the proclamation, then we'll have a motion and a second to approve. Councilmember Dennis.
**[06:33] Councilmember Steve Dennis:** All right, thank you, Mayor. Before I get to that, I just want to thank Community Engagement Officer Schoen for his enthusiastic testimony here tonight. [Reads Proclamation] ...Now, therefore, I, Mayor Bailey, and the City Council of Cottage Grove do hereby call upon all citizens in Cottage Grove to participate in Night to Unite on August 1st of 2023. Further, let it be resolved that the Mayor and City Council of the City of Cottage Grove, County of Washington, State of Minnesota, do hereby proclaim Tuesday, August 1st, 2023, Night to Unite in the City of Cottage Grove. I would be very happy to make the motion to proclaim Night to Unite on the date of August 1st, 2023.
**[08:05] Councilmember Justin Olsen:** Second.
**[08:06] Mayor Myron Bailey:** All right, so I have a motion by Councilmember Dennis, a second by Councilmember Olsen. All those in favor signify by saying aye. (Group: Aye). Opposed? Motion carries. Thank you, Officer Schoen. All right, next on our agenda is Consent. Is there anything that Council wants to pull on Consent? Councilmember Dennis.
**[08:29] Councilmember Steve Dennis:** Thank you, Mayor. Pull items H and J.
**[08:33] Mayor Myron Bailey:** H and J. Anybody else?
**[08:35] Councilmember Tony Khambata:** I had item I.
**[08:37] Mayor Myron Bailey:** Item I. And I'll mention that item L, because somebody had signed up under Open Forum to discuss that item, we'll pull that for a separate discussion and vote. So item L will be pulled off Consent. All right, anybody else? All right, why don't we start then with Councilmember Khambata and you have an appointment.
**[08:58] Councilmember Tony Khambata:** I just wanted to make a couple of quick comments on the Parks and Recreation and Natural Resources Commission appointment. The chair of the commission and I had an opportunity to sit down and interview with Justin Waterman. He's a bright young man, he's got a passion for the outdoors, and he's a frequent user of our parks. I think his perspective will be a great resource for the commission.
**[09:25] Mayor Myron Bailey:** Fantastic, thank you. And then we'll go to Councilmember Dennis. You want to start with H, which is some EDA appointments?
**[09:33] Councilmember Steve Dennis:** I'd be happy to do that, Mayor. Just to let the community know that you and I had an opportunity here recently to interview a number of candidates. We selected two individuals that we would like to see join us on the EDA. The first one is Thomas Cheeda, who comes to us with some great experience working on economic development with the state, and then also Obed Jean-Baptiste. We’re really happy to be able to ask for their appointments tonight.
**[10:35] Mayor Myron Bailey:** Fantastic, thank you. It was great interviews. And then the last item for Councilmember Dennis was recognizing our donations for the second quarter.
**[10:43] Councilmember Steve Dennis:** All right, well thank you for that. Between April 1st and June 30th, we had a number of different donations. 3M, Renewal by Anderson, Hy-Vee, and Northwoods Smokehouse helped provide for an amazing fireworks display. We had a Strawberry Fest sponsorship from Marathon of $5,000. We also had a memorial bench in memory of Michael Oganfilami. Dodge Nature Center, 3M, and the Cottage Grove Chamber of Commerce all donated to the Food Truck Festival. Last but not least, a baseball equipment chest from the Cottage Grove Athletic Association. We are very grateful and ask that the Council accept those donations in goodwill.
**[12:55] Mayor Myron Bailey:** Fantastic, thank you. Seeing no other items that have been pulled on Consent, I will look for a motion to approve Consent except for item L.
**[13:08] Councilmember Dave Thiede:** I would move that we approve Consent without item L.
**[13:12] Councilmember Tony Khambata:** Second.
**[13:14] Mayor Myron Bailey:** All right, any other discussion? Seeing none, all those in favor signify by saying aye. (Group: Aye). Opposed? Motion carries. So we'll now move—by the way, if anybody was here for anything that was on the Consent calendar except for L, all of those items have been approved. L is specifically regarding 6761 93rd Bay, shed setback variance. There is somebody in the public that wants to speak on this particular item. Please come up and state your name and address for the record and hold your comments to three minutes.
**[14:05] Mark Walker (Resident):** Good evening City Council members. My name is Mark Walker, I live at 6793 Bay South. I am here to discuss the shed variance at 6761 93rd Bay South. My neighbors across the street were cited and given a timeline to move their shed which was 10 inches too close to the property line. They had to move the shed and cut the concrete slab to become in compliance. The neighbors in question tonight at 6761 were made aware of property boundaries since we were the first to build in this cul-de-sac. They choose to keep moving forward despite being notified of the fence being eight inches in. They are now in violation of the city ordinance. This is a self-inflicted hardship. If this variance is passed, we are setting a precedence for other residents to violate the standard. Thank you for your time.
**[15:44] Mayor Myron Bailey:** Thank you. Is there anybody else that wants to speak on this item?
**[15:52] Brittany Rakow (Homeowner):** Brittany Rakow, 6761 93rd Bay. When we originally went to build the shed, we didn't strictly go off their fence for our setback. We have one corner that's not compliant. It was brought to our attention after a survey was done that we are six inches too close on that one corner. That was not our ill intent. With the current shed in place on a concrete slab, it makes it very difficult to move. We've had estimates upwards of $15,000 to cut the concrete and slide it over. We don't encroach on easements or utility lines; there are no issues with drainage. We are just requesting the variance to keep it where it is due to the large expense.
**[18:24] Mayor Myron Bailey:** Thank you. Council, this is an interesting one. Emily, are you able to come up just for a quick question? The six inches—is it from the wall of the shed or the overhang?
**[18:38] Emily Schmitz (Community Development Director):** Mayor, Council, from the wall of the shed.
**[18:41] Mayor Myron Bailey:** All right. Council, I will share with you the reason this was on Consent was because the Planning Commission approved it. Councilmember Dennis.
**[18:56] Councilmember Steve Dennis:** Mayor, if I could have Emily come back up for a second. There's a property line, then an easement, and then a setback. So where the structure is has not crossed the actual property line, correct? And it's not in the easement?
**[19:15] Emily Schmitz (Community Development Director):** Correct.
**[19:16] Councilmember Steve Dennis:** So really what this is, is an issue relative to the desire for a setback at that measured amount. I think it would be reasonable that we go along with the recommendation of the Planning Commission and I would make the motion that we would approve this.
**[19:48] Councilmember Dave Thiede:** I’d like to know what is the difference between the two situations where previously we made a homeowner move for 10 inches, and this time it's six. What are the differences that would create us making a different decision?
**[20:12] Emily Schmitz (Community Development Director):** Mayor, Councilmember Thiede, I am not familiar with the details of that particular previous case. We focused solely on the situation at this particular property.
**[20:28] Councilmember Tony Khambata:** I had the opportunity to sit in on this application at Planning Commission. Regarding the shed on the opposing side of the street, it was stated that the city had asked that homeowner to move it and the owner complied. There was no application for a variance in that case. Emily, if a homeowner were asked to comply with an encroachment, they have the right to submit an application and ask for a variance, is that accurate?
**[21:12] Emily Schmitz (Community Development Director):** Mayor, Councilmember Khambata, that's correct.
**[21:16] Mayor Myron Bailey:** I'll turn it over to our attorney, Corey Land, to offer some insight.
**[21:21] Corey Land (City Attorney):** Thank you, Your Honor. Each application that comes before you must stand on its own merit. Every application is different, and you must apply the law to each specific application.
**[21:38] Councilmember Steve Dennis:** I think in supporting that lengthy process of all the different eyes that have looked at this, I would make the motion to approve the variance as stated.
**[22:04] Councilmember Tony Khambata:** I'll second that.
**[22:05] Mayor Myron Bailey:** Any other discussion? Seeing none, all those in favor signify by saying aye. (Group: Aye). Opposed? Motion carries. We’ll now move to eight, which is to pay the bills.
**[23:45] Councilmember Tony Khambata:** Motion to pay the bills.
**[23:47] Councilmember Justin Olsen:** Second.
**[23:49] Mayor Myron Bailey:** All those in favor signify by saying aye. (Group: Aye). Opposed? Motion carries. Next is nine, public hearings. The first is in regards to the Rural Service District. Brenda Malinowski.
**[24:05] Brenda Malinowski (Finance Director):** Mayor, members of the City Council. Per our city code, our taxing areas are divided into urban and rural service districts. Rural properties are taxed at 70% of the urban rate because they do not benefit from the same level of city services. To remove a property from the Rural Service District, it happens by ordinance or resolution. We are looking at five properties tonight that have developed and no longer qualify for the rural rate, and four solar properties that are commercial in nature. We are also correcting one parcel that should be moved into the Rural District.
**[26:36] Councilmember Dave Thiede:** I would move that we adopt Resolution 2023-88 regarding the parcels included in the Rural Service District.
**[26:47] Councilmember Tony Khambata:** Second.
**[26:49] Mayor Myron Bailey:** Motion carries.
**[27:01] Councilmember Justin Olsen:** Mayor, I'll move to adopt Ordinance 1067 transferring certain parcels from the Rural Service District to the Urban Service District.
**[27:12] Councilmember Steve Dennis:** Second.
**[27:14] Mayor Myron Bailey:** Motion carries. Thank you, Brenda. Now we'll move to B, Greymont Village easement vacation and final plat. Mike Moroso.
**[27:35] Mike Moroso (Assistant Community Development Director):** Good evening, Council. Lennar is proposing a final plat for 60 lots as the first phase of Greymont Village, located south of 105th Street. They need to vacate a 10-foot utility easement from a previous subdivision of the Jolene parcel. They are anticipating a model being up for the Spring Parade.
**[29:32] Councilmember Tony Khambata:** I move to adopt Resolution 2023-093 approving the easement vacations.
**[29:38] Councilmember Steve Dennis:** Second. (Motion carries).
**[29:43] Councilmember Steve Dennis:** I move to adopt Resolution 2023-094 approving the final plat for Greymont Village.
**[29:50] Councilmember Justin Olsen:** Second. (Motion carries).
**[29:55] Councilmember Dave Thiede:** I'll move to approve the Greymont Village development agreement with US Homes LLC.
**[30:00] Councilmember Justin Olsen:** Second. (Motion carries).
**[30:05] Councilmember Justin Olsen:** Mayor, I'll move that we adopt Resolution 2023-095 approving the Greymont Village development plan.
**[30:17] Councilmember Tony Khambata:** Second. (Motion carries).
**[30:22] Mayor Myron Bailey:** Now we'll move to number 10, the Grange Trunk Water Main project bid award. Ryan Burfeind.
**[30:30] Ryan Burfeind (Public Works Director):** Thank you, Mr. Mayor. We took bids for the Grange Trunk Water Main. We need to build a large main from a future tower site to 80th and Grange because Wells 1 and 2 are being decommissioned as part of the 3M settlement. The 3M settlement is fully funding this project. Ryan Contracting Company was the low bidder at $2,036,796.
**[32:00] Councilmember Tony Khambata:** Motion to adopt Resolution 2023-099 awarding the project to Ryan Contracting.
**[32:08] Councilmember Justin Olsen:** Second. (Motion carries).
**[32:25] Mayor Myron Bailey:** Moving to the regular agenda. Trellis Senior Housing. Mike Moroso.
**[32:38] Mike Moroso (Assistant Community Development Director):** The applicant is proposing 52 units of affordable senior housing at 7601 79th Street South. This is a deeply affordable project with 36 units at 30% AMI. To reach 52 units, we are using a density bonus and a density transfer from an adjacent outlet. They are requesting a parking reduction to 43 stalls based on lower utilization in similar senior projects.
**[36:00] Councilmember Tony Khambata:** Regarding the parking variance, in the event they need overflow, is there parking available on the adjacent streets?
**[36:12] Mike Moroso (Assistant Community Development Director):** Yes, the streets are currently not signed "no parking."
**[36:17] Councilmember Justin Olsen:** You mentioned bus routes—are you referring to Metro Mobility or Dart?
**[36:25] Mike Moroso (Assistant Community Development Director):** Yes, the applicant will be having local bus services by Dart or Metro Mobility servicing the site.
**[36:45] Mayor Myron Bailey:** I believe our Dart bus circulator already goes to the library right there. Councilmember Dennis.
**[37:05] Councilmember Steve Dennis:** This is a great project. We’ve dedicated ourselves to bringing different types of housing here, especially affordable senior options.
**[37:35] Trellis Representative (Applicant):** Thank you. 36 of the units will have project-based rent assistance, so even a senior on just Social Security will never be stressed to pay rent. Trellis also has its own snow plowing business to ensure the site is maintained.
**[39:40] Councilmember Dave Thiede:** I would move that we adopt Resolution 2023-090 approving the PUD and site plan.
**[39:53] Councilmember Steve Dennis:** Second. (Motion carries).
**[40:05] Mayor Myron Bailey:** Next is Hohenstein’s Distribution. Emily Schmitz.
**[40:15] Emily Schmitz (Community Development Director):** Hohenstein Distribution is looking to move their business to Cottage Grove at the corner of 95th and Jamaica. The building is proposed at around 140,000 square feet with a complete drive-through for loading. They have set themselves up for future expansion on the east side. They have worked hard on the architecture to ensure the corner is a visual focus for the Business Park.
**[42:55] Councilmember Steve Dennis:** This is a fantastic local, family-owned business. They have the preeminent craft beer book in the state. They’ll be a great addition.
**[43:15] Councilmember Justin Olsen:** Carl and Sam, thanks for coming. Your decision to invest here speaks volumes about our community.
**[44:20] Councilmember Justin Olsen:** I’ll move that we adopt Resolution 2023-091 approving the site plan for Hohenstein Distribution.
**[44:32] Councilmember Dave Thiede:** Second. (Motion carries).
**[44:42] Mayor Myron Bailey:** Welcome to Cottage Grove! Last item, Chase Bank. Mike Moroso.
**[44:55] Mike Moroso (Assistant Community Development Director):** Chase Bank is proposing a 3,319 square foot building in the Kohl's parking lot. It will include a drive-through ATM. It's a low-impact use, roughly 55 trips per day. They are proposing high-quality materials at 89% class one materials.
**[46:40] Councilmember Tony Khambata:** Motion to adopt Resolution 2023-092.
**[46:55] Councilmember Justin Olsen:** Second. (Motion carries).
**[47:05] Mayor Myron Bailey:** Council comments?
**[47:15] Councilmember Steve Dennis:** I just want to wish a happy golden birthday to Rosie Olsen. I thought a Council comment would be a little better than a text.
**[47:35] Councilmember Justin Olsen:** Thank you, she’ll love that. I have two things. Our Public Safety Board golf tournament is July 29th. Officer Schoen, can you tell us more?
**[48:15] Dan Schoen (Community Engagement Officer):** Our Public Safety Board raises money for our canines. You can sign up on the River Oaks City Golf Course page.
**[48:55] Councilmember Justin Olsen:** Also, the 10-year anniversary of the Cottage Grove Bike Park is August 19th. And finally, the Mississippi Dunes property—we just closed on 19.1 acres. This will be a gem of our community with river access.
**[52:00] Mayor Myron Bailey:** It’s been a long time coming. Kudos to staff and the county. Also, Movies in the Park is this Friday at Highlands Park. And a shout-out to our Parks Department—the grass at Hamlet Park looks amazing. Zach and Ryan, please pass that along. We’ll now move to the workshop in the training room. Everyone have a great evening.