This transcript has been formatted with speaker names based on the provided city official list and the context of the dialogue. *Note: There is a discrepancy between your list and the transcript regarding "Councilmember Kata/Tony" (Tony Khambata) and "City Engineer Amanda Meyer." I have used the names as they were identified during the meeting's roll call and introductions.* *** **[00:00:00] Mayor Myron Bailey:** All right, good evening. Uh, this is the February 21st, 2024, Cottage Grove City Council meeting, which I'm calling to order. Uh, the first order of business is the Pledge of Allegiance, so if you'd please rise. **(Audience recites the Pledge of Allegiance)** **[00:00:30] Mayor Myron Bailey:** So for the public, before we move to roll call and the rest of the agenda, um, I’m going to read a little statement real quick and then, uh, ask for a moment of silence. So as all of you are aware, our hearts are heavy with the loss that Burnsville sustained this past Sunday of two police officers and a firefighter medic/paramedic. Our thoughts and our deepest sympathies are with their families, friends, co-workers, and the community of Burnsville. This is a tragic loss that is being felt around the entire state of Minnesota and the nation, and within our own Public Safety team. Please join me in a moment of silence to honor the fallen first responders. **(Moment of Silence)** **[00:01:30] Mayor Myron Bailey:** Thank you everyone. Uh, the next item on our agenda this evening is roll call. Would you please do the roll, Tammy? **[00:01:35] Tammy Anderson (City Clerk):** Councilmember Kata? **[00:01:36] Councilmember Tony Khambata:** Here. **[00:01:37] Tammy Anderson (City Clerk):** Councilmember Olsen? **[00:01:38] Councilmember Justin Olsen:** Here. **[00:01:39] Tammy Anderson (City Clerk):** Councilmember Thiede? **[00:01:40] Councilmember Dave Thiede:** Here. **[00:01:41] Tammy Anderson (City Clerk):** Councilmember Garza? **[00:01:42] Councilmember Monique Garza:** Here. **[00:01:43] Tammy Anderson (City Clerk):** Mayor Bailey? **[00:01:44] Mayor Myron Bailey:** Here. Um, the next item on our agenda is open forum. This is the opportunity for anybody that wants to speak on something that's not on tonight's agenda. We did have a signup sheet out in front. What I did want to share with the public is that, yes, during the Planning Commission was the actual public hearing, but as everybody may be aware, as the Mayor I always give the opportunity during our Council times for the public to come up and speak. And so what I will do is everybody that's signed up on here—and I think they're all for the Mississippi Dunes project—I will let them come up after we've had our presentations and such. We will ask that you limit it to two minutes. Was there anybody else that was here for something that is not on tonight's agenda? Okay, seeing none I will go ahead and close the open forum and I'll look for a motion to adopt the agenda. **[00:02:40] Councilmember Justin Olsen:** So moved. **[00:02:41] Councilmember Dave Thiede:** Second. **[00:02:42] Mayor Myron Bailey:** All those in favor signify by saying Aye. (Ayes). Opposed? Motion carries. Next on our agenda is a presentation this evening, and this is a really positive one: the Public Safety Board Craig Willery Scholarship donation. I believe Ryan Pierre and Sergeant McCormack are going to kick this off. I'll ask our Council to join me down in front, please. **[00:03:15] Ryan Pierre (Community Engagement Officer):** Thank you honorable Mayor and Councilmembers. I am Ryan Pierre, a Community Engagement Officer. Tonight just wanted to come out and recognize the Public Safety Board. The Public Safety Board is a nonprofit 501c3 organization made up of citizens and volunteers. The mission is to provide financial support for equipment, training, and programs. One thing they are pleased to offer is the Craig Willery Scholarship to residents pursuing post-secondary education in law enforcement, EMS, or firefighting. At this point, I'll turn it over to Councilmember Justin Olsen along with the Cottage Grove Lions Club. **[00:04:30] Councilmember Justin Olsen:** Thank you to our new Community Engagement Officer, Ryan Pierre. Well done. We do this every year as we try to honor our friend and former colleague, former Public Safety Director Craig Willery. I know he is here with his lovely wife Katie. This scholarship was founded by my wife Kim and I at Craig’s retirement. Craig is a tremendous example of a leader. When he became responsible for fire, he took the bold step of actually putting himself through firefighter training so he could relate better to his subordinates. I want to ask Craig and Katie to step forward, the Public Safety Board, and our Lions Club members. Tonight, the scholarship is receiving funding in the amount of $3,500. $1,500 from my family and $2,000 from the Lions. Craig, do you have any words? **[00:06:45] Craig Willery (Former Public Safety Director):** Thank you, Councilmember Olsen, the board, and the Lions. You guys have done an amazing job. To provide some incentive, especially in today's times, is just more important than ever. **[00:07:10] Councilmember Justin Olsen:** And Julie, did you want to say anything? This is Julie Rice, President of the Public Safety Board. **[00:07:15] Julie Rice (Public Safety Board President):** Thank you, Justin and Kim. We have one person in skills training right now because of this, and two more female applicants this year. We want to thank the Lions Club for the generous donation as well. **[00:07:45] Councilmember Justin Olsen:** I’m not sure if anyone wants to speak on behalf of the Lions? I see former president Rich Hogi here. **[00:07:55] Rich Hogi (Lions Club):** On behalf of the Cottage Grove Lions, we appreciate the opportunity to give back. We’ll continue to do this year after year. **[00:08:15] Councilmember Justin Olsen:** One last thing—our Lions Club also committed a $2,000 donation to our friends in Burnsville to help support the families of the fallen. **[00:08:35] Julie Rice:** And the Public Safety Board has decided to give each Burnsville family $500 from the safety board as well. **[00:09:00] Mayor Myron Bailey:** All right. Next on our agenda is consent. Is there anything on consent that Council would like to pull? **[00:09:10] Councilmember Tony Khambata:** I’d like to pull item D and item I. **[00:09:15] Mayor Myron Bailey:** Okay. Let's start with item D, commission chair appointments. **[00:09:20] Councilmember Tony Khambata:** Thank you, Mr. Mayor. I wanted to advocate for the appointment of Adam Larson as commission chair for Parks and Recreation, and also Commissioner Frazier to the Planning Commission. **[00:09:40] Councilmember Dave Thiede:** I’d like to request that you approve the continuation of Lisa Kohner as commission chair of the Public Services Commission and her reappointment for the Advisory Committee on Historic Preservation. **[00:09:55] Mayor Myron Bailey:** And item I, the DNR Grant? **[00:10:00] Councilmember Tony Khambata:** I just wanted to highlight that. Our staff is working hard to find grants for the Mississippi Dunes Park. The more money we can get through grants, the better. **[00:10:20] Mayor Myron Bailey:** I’ll look for a motion to approve consent. **[00:10:22] Councilmember Dave Thiede:** Move consent. **[00:10:23] Councilmember Tony Khambata:** Second. **[00:10:24] Mayor Myron Bailey:** All those in favor signify by saying Aye. (Ayes). Opposed? Motion carries. Item 8, approved disbursements. **[00:10:35] Councilmember Justin Olsen:** Move the bills. **[00:10:36] Councilmember Monique Garza:** Second. **[00:10:37] Mayor Myron Bailey:** All those in favor signify by saying Aye. (Ayes). Motion carries. Item 10 is the bid award for the South District Street and Utility Improvement project, phase two. Amanda Meyer, our City Engineer. **[00:10:55] Amanda Meyer (City Engineer):** Good evening, Mayor, members of the Council. The low bid came in at $3,358,746.45, which is quite a bit under the engineer’s estimate. We recommend awarding this to Northern Lines Contracting. **[00:11:30] Councilmember Tony Khambata:** I would move to adopt Resolution 2024-32 awarding the contract to Northern Lines Contracting. **[00:11:40] Councilmember Justin Olsen:** Second. **[00:11:41] Mayor Myron Bailey:** All those in favor signify by saying Aye. (Ayes). Motion carries. Item 11a, site plan review for Gerber Collision and Glass. Riley Rooney, Associate Planner. **[00:12:00] Riley Rooney (Associate Planner):** Good evening. This is for 7300 West Point Douglas Road South. The applicant is proposing a 16,940 square foot automotive repair building. It is a permitted use with a CUP. They are proposing 75% class one materials, exceeding the 65% requirement. **[00:14:15] Councilmember Justin Olsen:** Question for the applicant regarding waste streams—how are you mitigating chemical waste? **[00:14:35] Jason D. (Architect for Gerber):** Jason D. with Charles V. & George Architects. Fluids like oils and solvents are stored in 55-gallon drums and hauled off. The paints are lower-VOC and waterborne. Clear coats are contained in spray booths with filtration systems meeting all EPA regulations. **[00:15:50] Councilmember Tony Khambata:** Is the parking suitable for large tow trucks? **[00:16:00] Riley Rooney:** Yes, there is full circulation around the entirety of the building. **[00:16:20] Councilmember Dave Thiede:** I move we adopt Resolution 2024-26. **[00:16:25] Councilmember Monique Garza:** Second. **[00:16:26] Mayor Myron Bailey:** All those in favor signify by saying Aye. (Ayes). Motion carries. Item 11b, Bond Sale. Brenda Malinowski, Finance Director. **[00:16:50] Brenda Malinowski (Finance Director):** The bids were held this morning. We are issuing bonds for the utilities building, pavement management, and equipment. I’ll turn it over to Stacy. **[00:17:30] Stacy (Ellers & Associates):** Good evening. You affirmed your AAA rating with S&P. We received 12 bids today. Because of a premium bid, the par amount was reduced by $2 million. We recommend the sale to BofA out of New York. **[00:19:15] Councilmember Monique Garza:** I make a motion to adopt the resolution providing for the issuance and sale of the $16,025,000 General Obligation bonds. **[00:19:30] Councilmember Tony Khambata:** Second. **[00:19:31] Mayor Myron Bailey:** All those in favor signify by saying Aye. (Ayes). Motion carries. Item 11c, Mississippi Landings. Emily Schmitz, Community Development Director. **[00:20:00] Emily Schmitz (Community Development Director):** This has been three years of planning. The golf course operated from the 90s until 2017. The current proposal from Rachel Development includes 377 single-family units. It is a PUD, which allows flexibility to cluster development and preserve open space. Over 110 total acres are being preserved as park and open space. **[00:27:00] Paul Robinson (Rachel Development):** Paul Robinson, 4180 Napier Court Northeast. Our goal is a high-quality neighborhood. We are preserving 54% of the land. We have three home products: detached townhomes (starting in the 400s), single-family villas, and custom homes along the river (starting in the 700s). We have completed archaeological phase one and environmental surveys for the Rusty Patch Bumblebee. **[00:35:00] Mayor Myron Bailey:** We will now open it up for public comments. Please limit comments to two minutes. **[00:35:10] Michael Childs Jr. (Prairie Island Indian Community):** I want to know about the archaeological findings. Under state law, there is a tribal consultation requirement. It’s not if you find ancestors, it’s when. **[00:37:15] Lisa Mueller (Friends of Gray Cloud):** We have 1,249 signatures on a petition against this. You need a new EAW (Environmental Assessment Worksheet) because the project has changed since the PDI proposal. **[00:39:20] Nico Amonson:** How can you work for a city where the people despise this project? This is the only untouched earth Cottage Grove has left. **[00:41:30] Karen Martz:** I am a historian. The historic William Cowen home is 170 years old. The plan is to demolish it for a pumping station. The advisory committee voted 8-0 against demolition. **[00:43:40] Amanda Marty:** I moved here for the tranquility. At what point does land lose its sacredness and become just a business opportunity? **[00:45:50] Mary Marstein:** I cannot understand why you have to tear down the Cowen house. You could move the street to save it. **[00:48:00] Steven Erickson:** Human waste and contaminants will make their way to the river. Over a thousand of us say halt. **[00:50:15] Rod Hill:** This isn't a city park; it’s a neighborhood park. I haven't heard why 333 houses is a greater use than a regional riverfront area. **[00:52:30] Bill Schwan:** The decision was made long before you invited us to talk. Where is the dialogue? **[00:54:40] Brooke Christensen:** Serenity is found in nature. Please listen to the people of Cottage Grove. **[00:56:50] Bonnie Matter:** The community outcry has been ignored. The regulatory agencies have questions. We will be watching. **[00:59:00] Julia Broka (Xerxes Society):** I am an entomologist. The habitat study lacked scientific integrity. You cannot document species in the middle of winter. This threatens the Rusty Patch Bumblebee. **[01:01:10] Dick Bolta:** The homes are 10 feet apart. This high density leads to nothing but problems. You can do better. **[01:03:20] Martin Kirus:** (Reading for Christopher Smith) The DNR letter claims no negative effects, but then says tree removal must be avoided during nesting season. That is a contradiction. **[01:05:30] Lenny Clancy:** New development requires more services—who pays? We do. This is being crammed down our throats. **[01:07:40] Joel Walton (Friends of the Mississippi River):** This is a golden opportunity to restore native conditions. You are missing it. **[01:09:50] Andrew Martz (Ecologist):** I recommend putting this on hold for thorough surveys of muscles and bees. You are risking legal liability under the Endangered Species Act. **[01:12:00] Eric Damer:** This was a former Superfund site nearby. I question the judgment of building here. **[01:14:10] Britney Dsu:** Tribal agencies have not been consulted. This land is rich with Dakota history. We are already running out of space in our schools. **[01:16:20] Kim Serget Egger:** (Reading for Meredith Anderson) No efforts have been made to consult with Minnesota tribal representatives or the Indian Affairs Council. **[01:18:30] Laura Gera:** The potential impacts to prehistoric resources were not assessed. This process is not being conducted in good faith. **[01:20:40] John Schroeder:** How much of the parkland is actually underwater? Why not pick a different site? **(Mayor Bailey calls for a 5-minute recess for staff to prepare responses.)** **[01:25:00] Emily Schmitz:** Regarding the PUD, it is a tool for unique development to preserve natural features. Regarding the Cowen house, a historical evaluation found so many alterations that it does not meet the standards for the historic register. **[01:27:00] Paul Robinson:** Regarding the EAW, the city determined this project is similar enough to the previous one that a new EAW was not required. We have submitted an inadvertent discovery plan to SHIPPO. **[01:28:00] Amanda Meyer:** Regarding the 103rd Street bridge, nothing in this development triggers immediate changes to the bridge, but we have the right-of-way for future widening. **[01:29:00] Melissa Barrett (Ecologist):** Regarding the bees and birds—if we don't impact water quality, we don't need muscle surveys. If we clear trees outside of the nesting window, we follow DNR guidelines. The US Fish and Wildlife service determined this project is "not likely to adversely affect" the Rusty Patch Bumblebee. **[01:32:00] Zac Dockter (Parks Director):** We classify this as a Community Park because, while it's 33 acres of city land, it sits adjacent to 250 acres of SNA land and the river. **[01:33:30] Corey (City Attorney):** I am the reason you have to say yes. When a developer meets all requirements and zoning laws, the Council is legally obligated to approve the project. To deny it without a factual basis would be "arbitrary and capricious" and would invite a certain lawsuit that the city would likely lose. **[01:36:00] Mayor Myron Bailey:** I have been involved in this for 25 years. This site was not pristine; it was a graded golf course. We have said "no" to higher density, hotels, and festivals. We have stood our ground to ensure public access to the river. We are capturing the entire riverfront for the public. No one stepped up to buy this land for conservation when it was in foreclosure. I support this proposal because it balances growth with significant preservation. **[01:45:00] Councilmember Tony Khambata:** My feelings don't matter here. If I unilaterally decide I don't want it, we get sued, we lose, and we lose all the controls and conditions we worked for. We have an obligation to the law. **[01:48:00] Councilmember Dave Thiede:** I loved the golf course, but it’s gone. You were victorious in getting the preserved land up to over 50%. The market is what it is regarding lot sizes. **[01:50:00] Councilmember Justin Olsen:** I told the Friends of the Mississippi years ago: if you want to preserve it, you need to buy it. The money wasn't there. We are elected to look at things objectively and follow the law. I am confident we are doing the right thing. I move that we adopt Resolution 2024-27. **[01:53:00] Councilmember Monique Garza:** Growth brings affordable housing and business. The developers have taken the intent of preserving land seriously. I stand behind it. **[01:53:30] Councilmember Tony Khambata:** Second. **[01:53:35] Mayor Myron Bailey:** All those in favor signify by saying Aye. (Ayes). Opposed? Motion carries. **[01:54:00] Mayor Myron Bailey:** Councilmember comments? **[01:54:10] Councilmember Tony Khambata:** I’ll seed my time. **[01:54:15] Councilmember Justin Olsen:** Nothing. **[01:54:20] Councilmember Dave Thiede:** None. **[01:54:25] Mayor Myron Bailey:** One reminder: Park High School boys hockey tomorrow night at 7:00 PM. I’ll look for a motion to adjourn. **[01:54:40] Councilmember Dave Thiede:** Move to adjourn. **[01:54:41] Councilmember Monique Garza:** Second. **[01:54:42] Mayor Myron Bailey:** We are adjourned. Thank you.