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HomeMy WebLinkAbout2012-02-01 MINUTESCOTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting February 1, 2012 OPEN FORUM Mayor Pro Tem Olsen opened Open Forum at 7:15 p.m. and stated that during Open Forum a person may address the City Council on subjects not a part of the regular meeting agenda, but must limit their remarks to two (2) minutes per person. The purpose of Open Forum is to provide the public an opportunity to provide information or to request action by the City Council. It may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Open Forum will adjourn to the regular meeting at 7:30 p.m. The following were present: Mayor Pro Tem Justin Olsen, Council Member Derrick Lehrke, Council Member Jen Peterson, and Council Member Dave Thiede. The following were absent: Mayor Myron Bailey. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Corrine Heine, City Attorney- Kennedy & Graven; Jennifer Levitt, City Engineer; Craig Woolery, Public Safety Director; and Les Burshten, Public Works Director. Mayor Pro Tem Olsen opened Open Forum at 7:15 p.m., and asked if anyone in the audience wished to address the City Council on any topic not on the agenda. Leon Moe, 8660 Grospoint Avenue South, Cottage Grove, commented on the story on the Channel 5 News this evening on a proposal to turn the existing City Hall into a business incubator. He noted that he finds it interesting that for months the public has been hearing stories about the leaky roof, mold, the furnace that needs to be replaced, and now you are going to turn it into a business incubator for others to use. Mayor Pro Tem Olsen stated that the City would respond to you in writing but stated that the City Council has not made a decision on that topic yet. Kathy Lewandowski, 9043 75 Street South, Cottage Grove, addressed the City Council regarding National Freedom Day; not receiving a response to her questions from the January 18 meeting; meetings minutes not completed by the next meeting; business incubator; and that she has volunteers to help verify the signatures on the home rule charter petition. Mayor Pro Tem Olsen closed Open Forum to the Regular Meeting. Cottage Grove City Council February 1, 2012 Regular Meeting CALL TO ORDER — Regular Meeting The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on February 1, 2012 at the Cottage Grove City Hall, 7516 80 Street South. Mayor Pro Tem Olsen called the meeting to order at 7:30 p.m. PLEDGE OF ALLEGIANCE Boy Scouts of America Troop 237 led the audience, staff, the Mayor Pro Tem, and City Council Members in the pledge of allegiance to the flag of the United States of America. ROLL CALL The following were present: Mayor Pro Tem Olsen, Council Member Derrick Lehrke, Council Member Jen Peterson, and Council Member Dave Thiede. The following were absent: Mayor Myron Bailey. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Corrine Heine, City Attorney- Kennedy & Graven; Jennifer Levitt, City Engineer; Craig Woolery, Public Safety Director; and Les Burshten, Public Works Director. Mayor Pro Tem Olsen presided over the meeting. ADOPTION OF AGENDA MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 4 -0. 2. PRESENTATIONS A. Swearing In Ceremony — Fire Department Captains City Administrator Schroeder swore in Scott Smith and Kevin Zittel as Captains for the Cottage Grove Fire Department. 3. APPROVAL OF MINUTES A. November 16, 2011 Regular Meeting MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY Cottage Grove City Council February 1, 2012 Regular Meeting COUNCIL MEMBER THIEDE, TO APPROVE THE MINUTES OF THE NOVEMBER 16, 2011 REGULAR MEETING AS PRESENTED. MOTION CARRIED. 4 -0. 4. CONSENT CALENDAR The City Council pulled items C, E, F and G for discussion purposes. Council Member Lehrke requested that Staff conduct an analysis of quarterly utility billing and publication of the Cottage Grove Reports versus monthly. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO: A. ACCEPT AND PLACE ON FILE THE MINUTES OF THE NOVEMBER 28, 2011 PLANNING COMMISSION MEETING. B. APPROVE CHANGE ORDER NO. 1 TO THE PUBLIC SAFETY /CITY HALL PROJECT FOR A TOTAL DEDUCT OF $2,840.57. C. ACCEPT THE RECAP OF COST SAVINGS DUE TO ELECTRONIC PACKETS /IPAD USAGE. D. APPROVE THE PURCHASE OF ONE (1) USED 2005 FREIGHTLINER M2 106 TRUCK FROM I -STATE TRUCK CENTER IN THE AMOUNT OF $30,397.50 (INCLUDES LICENSE AND SALES TAX). E. AUTHORIZE STAFF TO ADVERTISE FOR VOLUNTEER CITY CHARTER COMMISSION APPLICANTS. F. AUTHORIZE STAFF TO UTILIZE LOCKBOX PROCESSING SERVICES FOR UTILITY PAYMENTS THROUGH OPUS 21. G. AUTHORIZE STAFF TO APPLY FOR THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES COMMUNITY PARTNERS LEGACY GRANT IN THE AMOUNT OF $50,000 FOR PRAIRIE RESTORATION AND FOREST REHABILITATION IN THE WEST DRAW AND GATEWAY /CAMEL'S HUMP PARK AREAS. MOTION CARRIED. 4 -0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES — None. 6. PUBLIC HEARINGS — None. Cottage Grove City Council February 1, 2012 Regular Meeting �+ 7. BID AWARDS — None. 8. UNFINISHED AND NEW BUSINESS A. Allow the Representative for Apple Minnesota, LLC, DBA/Applebee's Neighborhood Bar and Grill to Admit or Deny the Allegation that their Establishment Failed the November 29, 2011 Compliance Check. Mandy Gilstrom, General Manager of Applebee's Neighborhood Bar and Grill, admitted to the allegation that their employee sold alcohol to a minor and failed the November 29, 2011 compliance check. She noted that the employee who served the alcohol to the minor has been terminated from employment. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO IMPOSE A $500.00 FINE AGAINST THE APPLEBEE'S NEIGHBORHOOD BAR AND GRILL FOR THEIR FIRST VIOLATION IN A 24 -MONTH PERIOD. MOTION CARRIED. 4 -0. B. (i) Consider Approving an Amendment to City Code Title 10 -4 -3C, Schedule of Park Dedication Requirements to Decrease the Cash Amount Required to be Paid in Lieu of a Land Dedication for Subdivision of Residential Land from $4,200 to $3,200 and (ii) Consider Authorizing the Publication of the Ordinance Amendment Relative to Park Dedication by Title and Summary. (i) MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER THIEDE, TO PASS ORDINANCE NO. 899 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING TITLE 10, SUBDIVISION ORDINANCE; CHAPTER 4, GENERAL SUBDIVISION STANDARDS; SECTION 10 -4 -3, PUBLIC SITES AND OPEN SPACES; SUB - SECTION C -1 SCHEDULE OF PARK DEDICATION REQUIREMENTS, OF THE COTTAGE GROVE CITY CODE RELATING TO DECREASING THE PARK FEE IN LIEU OF LAND DEDICATION FROM $4 PER UNIT TO $3,200 PER UNIT. MOTION CARRIED. 4 -0. (ii) MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER LEHRKE, TO ADOPT RESOLUTION NO. 2012 -004 A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 899 BY TITLE AND SUMMARY. MOTION CARRIED. 4 -0. Cottage Grove City Council February 1, 2012 Regular Meeting 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS A. Receive Response to Council Comments and Requests Regarding the Ice Resurfacer. The City Council acknowledged receipt of the response from the Parks and Recreation Director, Zac Docktor, regarding the Ice Resurfacer. No action taken. 10. COUNCIL COMMENTS AND REQUESTS The Council discussed the petition and memorandum from City Administrator Schroeder regarding the Home Rule Charter Commission. Council Member Lehrke stated for the record that he is neither in favor nor opposed to the Charter Commission. What he does support is seeing what a Charter Commission comes up with. Council Member Thiede asked if there was an official body that certified the petition. Council Member Lehrke asked out of the 25% that were completed, how many have been rejected. City Administrator Schroeder stated that there is some duplication of signatures, some signatures where it was fairly apparent that the same person signed the petition for another person, and that it was not a valid signature, or a registered voter. While there may be a sufficient number of satisfactory signatures on the petition, it is our responsibility to ensure that that is the case rather than taking somebody's word for it. Council Member Lehrke asked why the City of Cottage Grove was responsible for verifying those signatures and not the Judge or the County. City Attorney Heine stated that the State Statutes that addresses the formation of a Charter Commission does not answer that question. It simply says that an X% of voters from the last General Election have to sign the petition. Without having talked to the Judge or the Judge's Clerk but generally knowing the judicial system and how it works, they would prefer to have the City undertake that responsibility and cost. Council Member Lehrke stated that the reason the Charter Commission was Cottage Grove City Council I G February 1, 2012 Regular Meeting I V started was because some people do not trust the City or what is happening. He stated that we should move forward and stop holding up the process. Mayor Pro Tem Olsen stated that he was in favor of the truth, so verifying the signatures to him makes sense. It would be wise to do the due diligence of researching and ensuring that all of the names on the petition are verified. With respect to holding up the process, what I do not understand is whether there was a timeline by which this process needed to be completed. Council Member Lehrke commented that he thinks it needs to be on the November ballot. Mayor Pro Tem Olsen commented that what you are telling him is that the objective is to have it on the November ballot based on what. Council Member Lehrke stated that it was his understanding that throughout the process. Mayor Pro Tem Olsen stated that it was his understanding that whenever it starts, it starts and whenever it ends, it ends and then the people vote. I do not have a sense of it needing to be completed by an X date. Mayor Pro Tem Olsen asked Council Member Lehrke if he has seen anything from the Court that says they want the Charter completed by a certain time so that it can be on the November ballot. City Attorney Heine responded that there has not been anything from the Court because the Court would not control the timing. The court would only control the appointment of the Commissioners, and once the Commissioners are appointed, the Commissioners would undertake a study, a part of which would be to determine whether they think a Charter is desirable. If they decide that it is not desirable, then they would abandon the process. Or, if the Commission decides that a Charter is advisable, then they would undertake the job of drafting the Charter. How much time that takes really depends upon how different they want the Charter to be from the League's model. There is no limit on the time that that might take. They could take up to a year if they wanted to, to decide what the Charter should contain. At the point that they recommend a Charter to the City Council, then there is a timeline for the Election. If they recommend a Charter, it has to go on the next General Election if there is one within 6 months. If there is not one within 6 months, then you call a Special Election. Council Member Lehrke advised the City Council that they are trying to get the question on the November ballot and it sounds like they can put it on separately during a special election but that would costs thousands of dollars for a special Cottage Grove City Council February 1, 2012 Regular Meeting election, so he would be in favor of getting it on the General Election. The longer we take, the less time that the Charter Commission would have to work on a Charter. What the City Attorney said might just be correct. You might get the 7 -15 people together in a room and really look hard at this and they may not want to have a Charter Commission. The point is that we are delaying the inevitable. Council Member Thiede stated that he agreed with Mayor Pro Tem Olsen and would like to see the signatures verified. Council Member Peterson stated that it would be appropriate to verify the signatures. She stated that she has looked at the petition herself and have seen some signatures that have concerned her, duplication of signatures, and people who do not live in Cottage Grove. Also, she was concerned about what people were told because she has been contacted by people that signed the petition that said that was not what they told them. So, she has concerns about what people were signing, whether it was their misunderstanding or whether they were misinformed. There is misunderstanding out there, not sure where that lies but there is misunderstanding about what people thought they were signing. That is why we definitely need to validate the signatures. She stated she actually heard from somebody that said they would like their name taken off the petition. City Attorney Heine stated she would like to address that comment because two (2) City Council members have raised the issue about whether people knew what they were signing. The City Clerk is not looking at that. The City Clerk is looking at verifying that the name and address match with that of a registered voter and that there is a signature for each person. These are instructions that she has given the City Clerk. They are to look if there is an obvious duplication of signatures. The voter themselves has to sign, so they need to look for that type of thing. They are not making an independent investigation into what people were told. If people have concerns about the petition and whether they understood what they were signing, that is something that they should bring to the attention of the Court and ask that their name not be considered. What the City would do is simply report to the Court the number of signatures that have been verified and whether they meet that number. Once that has been done, then it is up to the judge to make the appointments. Council Member Peterson reminded the public that Precinct Caucasus take place on February 7; the next Beyond the Yellow Ribbon meeting is February 21; and the Stone Souper Bowl is May 5. She advised the City Council that for several months she has been working on a low cost grocery buying program for those who like to stretch their food dollars. It is a program called "Fair for All ". If you want to learn more about the program it should be coming to Cottage Grove in April. Cottage Grove City Council p February 1, 2012 Regular Meeting O Council Member Thiede commented that he attended a training session sponsored by the League of Minnesota Cities and they talked about the different ways to communicate and get the public involved. They discussed putting things in the newspaper, website, cable TV, utility bills, and a kiosk in City Hall, at the grocery store or the library, and to televise meetings. He stated that he would like to get some input as to what other ways we could communicate. Council Member Peterson commented that other cities were pretty impressed with all the different ways that Cottage Grove interacts with the community i.e. through Facebook, monthly newsletter, cable commission programming, Bulletin, etc. Other communities were impressed with the amount of involvement that we have from our City Commissions and the School District. They were also very impressed with the fact that we share services with other communities such as building inspection, street sweeping, etc. Mayor Pro Tem Olsen stated that he wanted to mention that we have had some attrition recently on our Public Safety, Health and Welfare Commission due to individuals retiring and what he would like to suggest, is to merge the Public Safety and Public Works Commissions. Mayor Pro Tem Olsen stated a resident friend of his would like to challenge our staff to take a look for ways to be more proactive. He asked whether we have additional eyes and ears out there that can report beyond what we already hear from our residents about my neighbors building a deck and they do not have a permit and we need to get someone out there. He stated that he recognizes that our Code Enforcement Officer is a very busy person and he does a really good job but the concern that the resident raised and I think it is a valid concern is whether he receives a telephone call and then reacts or do we have a more proactive approach. Mayor Bailey stated that he would like to discuss this again at a future meeting. 11. PAY BILLS MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER LEHRKE, TO APPROVE PAYMENT OF CHECK NUMBERS 175343 THROUGH 175509 TOTALING $343,771.30 AND EFT PAYMENT OF $1,254,967.57. CHECK NUMBERS 175343 THROUGH 174370 TOTALING $80,178.67 WERE ISSUED PRIOR TO COUNCIL APPROVAL. MOTION CARRIED. 4 -0. 12. WORKSHOP SESSION — OPEN TO PUBLIC - None. 13. WORKSHOP SESSION — CLOSED TO PUBLIC — None. Cottage Grove City Council February 1, 2012 Regular Meeting ADJOURNMENT MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO ADJOURN THE REGULAR MEETING AT 8:49 P.M. MOTION CARRIED. 4 -0. Prepared by, Caron M. Stransky City Clerk