Loading...
HomeMy WebLinkAbout2003-12-03 MINUTESREGULAR MEETING COTTAGE GROVE CITY COUNCIL December 3, 2003 OPEN FORUM — 7:15 p.m. Open forum provides a person an opportunity to inform the Council of a problem or to request information related to City business not scheduled for Council action and on the Agenda. Mayor Shiely encouraged persons to limit their remarks to two (2) minutes per issue. Present: Mayor Sandy Shiely Council Member Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance and Administrative Services Director John McCool, Senior Planner John Mickelson, Deputy Director Public Safety Les Burshten, Public Works Director Corrine Thomson, City Attorney Not present: Council Member Cheryl Kohls John Rantala, 1671 10 Avenue, Newport, stated he had attended the November 19, 2003 City Council meeting with the intent to speak in support of Joe Murphy, regarding Item 4G, abatement and cleanup process for his property. Rantala stated that prior to the meeting he provided the Council with a copy of his speaking notes for their review noting that he is very perplexed with everything that has happened between November 19 and now. He referenced several salmon colored signs that had been posted around Mr. Murphy's property before the last Council meeting and explained that when he asked Mr. Murphy about the signs, Mr. Murphy told him that the signs were a notice and reminder for him to provide updates to the City and Council regarding his progress. Mr. Rantala asked for clarification stating that the signs actually read that the abatement process would commence on December 1, 2003. He stated the signs were posted and the process was started before City Council had met or before Mr. Murphy had spoken with anyone from City staff or from the City Council. Rantala stated that he was aware of a gathering of Cottage Grove employees at Mr. Murphy's property yesterday, December 2, adding that he had also received a call from Mr. Murphy stating that he had worked out a workable schedule with the City. He acknowledged all of the good work and efforts City employees put into their jobs stating that sometimes it is possible that an individual can mistake purpose with power. He encouraged City Staff and City Council to work together with the residents on a more positive basis. Regular Meeting — December 3, 2003 Cottage Grove City Council Page 2 Mayor Shiely asked Mr. Rantala if he would like to schedule a meeting with Senior Planner McCool. She explained that he would be able to answer his questions and that it would help him understand the abatement process. Mr. Rantala stated that he would appreciate a meeting with Mr. McCool. Randy Hostettler, 8096 Jergen Avenue South, stated that he was recently informed that he could no longer park his semi - tractor in his driveway. He stated that he was not aware of the change that now requires a permit to park the tractor in his driveway. He acknowledged that not knowing the law is no excuse noting that the cutoff to apply for the permit was in October. He explained that he has been out of town a lot and has not had an opportunity to apply for a permit. He further explained that he does not have another location to store or park the tractor and asked if he could be allowed to apply for the permit. He stated that it would create a hardship for him if he had to store the tractor at another location. Mayor Shiely suggested that Mr. Hostettler meet with Senior Planner McCool to discuss the issues and permit requirements. Thomas Bauer, 9921 78 Street South, stated that he and his family moved to the Pine Forest Addition in 1999. Since he took residence, he has installed a 16 x 16 cement slab, a dog kennel, and stairs to the patio door. He stated that each time he contacted the City to inquire about the permit requirements and each time was notified that he did not need a permit for the slab or the stairs. He reviewed the construction process with the Council noting that he had also gone online to the City website to review permit and zoning requirements. He explained that it clearly states that a permit is needed only if the stairs are permanently attached. He reviewed the need for the stairs with Council noting that there was a 23 -inch drop from the patio door to the slab, which is why he decided to install the stairs. He stated that he reviewed State and City laws to ensure that he was within code. He explained that in 2000 he was cited with a violation for the stairs by Bob LaBrosse and reviewed the citation with Council. He explained that he has had several conversations with the City and Mr. LaBrosse and that he has requested the citation be removed. He stated that he purchased a fish house /trailer and shortly thereafter received notification that he could not have it located in his driveway. He explained that this is not just a fish house but also a trailer noting that it is registered with the DMV as a trailer. He stated that immediately after he had registered the trailer with the DMV he received a letter from the City stating that he had to remove the trailer and the stairs. He asked why, after three years, would he receive a citation on the stairs. He stated that he has tried to contact the City Attorney twice to ask for clarification and was denied. He stated that he did speak with City Administrator Schroeder and was told to contact a defense attorney. He reviewed his concerns with Council stating that he is scheduled to appear in court tomorrow, December 4 regarding the citation. He stated that he is appalled that he has to go to court to get this resolved. Mayor Shiely clarified with Mr. Bauer that he is going to court on this issue. He confirmed that a court hearing is scheduled for Thursday, December 4, 2003. Mayor Shiely explained that if this issue is going to court tomorrow that City Council could not discuss or respond to his questions or concerns. Regular Meeting — December 3, 2003 Cottage Grove City Council Page 3 Mr. Bauer stated that he would go to court tomorrow and provide Council with an update. He stated that all he was asking is for Council to take point and possibly help him try to determine why he cited for the stairs. He expressed his frustration stating that this is another case where City Officials have abused their power. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, December 3, 2003, at the Cottage Grove City Hall, 7516 80 Street South. Mayor Sandy Shiely called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor Sandy Shiely Council Member Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance and Administrative Services Director John McCool, Senior Planner John Mickelson, Deputy Director Public Safety Les Burshten, Public Works Director Corrine Thomson, City Attorney Not present: Council Member Cheryl Kohls ADOPTION OF AGENDA MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED 4 -0. APPOINTMENTS AND PRESENTATIONS A. PRESENTATIONS — NONE B. APPOINTMENTS - NONE APPROVAL OF MINUTES - NONE CONSENT CALENDAR City Administrator Schroeder referenced Item 4E stating that he provided Council with additional information. Council Member Wolcott asked when the seal coating would be done. City Administrator Schroeder stated that it would be completed next year. Regular Meeting — December 3, 2003 Cottage Grove City Council Page 4 MOTION BY WOLCOTT, SECONDED BY RICE, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: i. PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION OF SEPTEMBER 8, 2003. ii. PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION OF OCTOBER 13, 2003. iii. PLANNING COMMISSION OF OCTOBER 27, 2003. iv. ECONOMIC DEVELOPMENT AUTHORITY OF OCTOBER 14, 2003. V. COTTAGE GROVE FIRE DEPARTMENT RELIEF ASSOCIATION OF AUGUST 13, 2003, AUGUST 26, 2003, AND OCTOBER 8, 2003. B. ADOPT RESOLUTION NO. 03 -270 A RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $33,067.55 TO TOWER ASPHALT, INC. ON THE 2001 STREET AND TRAIL IMPROVEMENT PROJECT. C. APPROVE HLB TAUTGES REDPATH, LTD, TO PROVIDE AUDITING SERVICES FOR THE 2003 FISCAL YEAR AUDIT. D. ADOPT RESOLUTION NO. 03 -271 A RESOLUTION AUTHORIZING THE SENIOR CITIZEN DEFERRAL OF SPECIAL ASSESSMENTS. E. ADOPT RESOLUTION NO. 03 -272 A RESOLUTION APPROVING BID AWARD CONCURRENCE FOR CSAH 13 HINTON AVENUE /TOWER DRIVE CONNECTION PROJECT. F. APPROVE ALLOCATING FIRE SETTLEMENT PROCEEDS. MOTION CARRIED 4 -0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES - NONE PUBLIC HEARINGS - NONE BID AWARDS -NONE UNFINISHED AND NEW BUSINESS A. Consider Accepting the Planning Commission's Recommendation to Amend the City's Comprehensive Plan 2020 by Approving the Capital Improvements Program (CIP) the 2004 -2008 CIP. Senior Planner McCool stated that the City Staff is requesting approval of the Capital Improvements Plan 2004 -2008 (CIP). He explained that the proposed CIP draft was prepared by the Public Works Department staff with the assistance and input by the City's consulting engineering, staff from City Administration, Finance and Community Development. He stated that City Council reviewed a draft of the CIP at a workshop on November 19, 2003 noting that there were minor questions relating to some of the projects. He stated that the Planning Commission held a public hearing on November 24, 2003. He stated that the Commission was advised that the projects listed for post 2008 are considered to be projects Regular Meeting — December 3, 2003 Cottage Grove City Council Page 5 that might be initiated in the future and explained that the purpose of listing these potential projects was as a reminder of the capital outlay projects discussed in previous years. He noted that they did not receive any comments from the public and that the Planning Commission unanimously approved the Capital Improvements Program 2004 -2008 as presented at the public hearing. Council Member Wolcott noted a recent article in the Bulletin that references a new City Hall and asked for further clarification. City Administrator Schroeder clarified that the new City Hall and the expansions noted in the Bulletin news article are actually future projects that are carried through in the Capital Improvement Program as projects that would occur someday in the future. He stated that most of these projects are projected out quite a ways and that the projects are listed as placeholders for planning purposes. He stated that they also include the projects as a way to alert the public that there is a need to provide in the budget for future projects. He clarified that they do not want the public to think that they are in search of dollars now to provide for the expenditures. He explained that there are approximately 200 listed improvements within the Capital Improvement Program. He further explained that the project list does change noting that priorities do change from time to time. He stated that timelines and priorities are adjusted to accommodate a specific need or project. He clarified that the projects listed in the 2004 Capital Improvement Program are projects the City would pursue and projects listed in 2005 would have to gain City Council approval before they could begin the planning process in 2004. Mayor Shiely explained that City Council included an inventory review of public buildings as one their goals for this past year. She stated that Council has discussed a new City Hall in several workshops noting that there is a pressing need. She stated that Council has discussed the possibility of adjusting the project dates adding that the main concern is that the funds are not available. Council Member Wolcott stated that he wanted to note that Colby did a great job with the news article. He explained that his only concern was that the headlines of the article mentions a new City Hall and you have to go to page four, center portion of the article before you find out that the new City Hall is part of the proposed list for future projects. He expressed concerns noting that most only saw the headlines and did not read far enough into the article to realize that it was not an immediate project. MOTION BY GROSSKLAUS, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 03- 273, A RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN 2020 TO THE CAPITAL IMPROVEMENTS PROGRAM (CIP). MOTION CARRIED 4 -0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS - NONE Regular Meeting — December 3, 2003 Cottage Grove City Council Page 6 COUNCIL COMMENTS AND REQUESTS Mayor Shiely stated that she would like to remind everyone that the CP Railway Holiday Train is coming to Cottage Grove on December 12, 2003. She stated that the train would stop at the corner of Beldon and West Point Douglas Road noting that this would be a big community event with the intent to raise funds for the local food shelf. She stated that the event is would be sponsored by the Chamber of Commerce, CP Railway and the three Cities — Cottage Grove, Newport and St. Paul Park. She encouraged everyone to come join the activities and reminded everyone to bring a donation for the food shelf. City Administrator Schroeder referenced the document provided to Council regarding the Development Director Candidate hire process noting that it includes a Staff Reception for the Candidates that would be followed by the City Council meeting. He stated that they would appreciate Council attendance and asked Council to review their schedules to determine the best date for this event to occur. PAY BILLS MOTION BY WOLOCTT, SECONDED BY RICE, TO APPROVE PAYMENT OF CHECK NUMBERS 132127 THROUGH 132318 TOTALING $1,282,769.62. (CHECKS 132127 – 132162 TOTALING $75,469.23 ISSUED PRIOR TO COUNCIL APPROVAL.) MOTION CARRIED 4 -0. WORKSHOP SESSION – OPEN - NONE WORKSHOP SESSION – CLOSED Mayor Shiely called a ten - minute break at 7:45 p.m. and reconvened the regular meeting at 7:55 p.m. Mayor Shiely temporarily adjourned the regular meeting for a closed session. Present: Mayor Sandy Shiely and Council Members Pat Rice, Jim Wolcott, and Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance and Administrative Services Director Pursuant to the open meeting law, the Council discussed in closed session labor negotiations. At 9:30 p.m., Mayor Shiely adjourned the closed session and reconvened the regular meeting. Regular Meeting — December 3, 2003 Cottage Grove City Council Page 7 ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY GROSSKLAUS, TO ADJOURN THE MEETING AT 9:30 P.M. MOTION CARRIED 4 -0. Respectfully submitted, Bonita Sullivan TimeSaver Off Site Secretarial, Inc.