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HomeMy WebLinkAbout2012-02-15 MINUTESCOTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota 7516 80t' Street South Cottage Grove, MN 55016 Regular Meeting February 15, 2012 OPEN FORUM Mayor Myron Bailey 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 promptly at 7:30 p.m. to the regular meeting. The following were present: Mayor Myron Bailey, Council Member Derrick Lehrke, Council Member Justin Olsen, Council Member Jen Peterson, and Council Member Dave Thiede. The following were absent: None. 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 Bailey 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. Larry Richie, 7676 Jasmine Avenue South, Cottage Grove, and Leon Moe, 8660 Grospoint Avenue South, Cottage Grove read aloud a letter from Washington County dated February 9, 2012 highlighting the number of registered voters, non - registered voters, those in inactive status, not registered in Cottage Grove, not readable, challenged, and a duplicate. Kathy Lewandowski, 9043 75 Street South, spoke regarding an article in the newspaper on a road project; the fact that she has received no answers to issues she raised at previous meetings; regarding the River Acres Public Improvement Assessment; the objections to the 2012 Pavement Management Project; and regarding the Charter Commission petition. CALL TO ORDER — Regular Meeting The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on February 15, 2012 at the Cottage Grove City Hall, 7516 80 Street South. Mayor Bailey called the meeting to order at 7:30 p.m. Cottage Grove City Council February 15, 2012 Regular Meeting PLEDGE OF ALLEGIANCE The audience, staff and the Mayor and Council Members pledged allegiance to the flag of the United States of America. ROLL CALL The following were present: Mayor Myron Bailey, Council Member Derrick Lehrke, Council Member Justin Olsen, Council Member Jen Peterson, and Council Member Dave Thiede. The following were absent: None. 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 Bailey presided over the meeting. ADOPTION OF AGENDA MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE THE AGENDA AS AMENDED ADDING ITEM O TO THE CONSENT CALENDAR, TO CONSIDER THE REAPPOINTMENT OF JASON FIELD AND ALEX CHERNYAEV TO THE PUBLIC WORKS COMMISSION. MOTION CARRIED. 5 -0. 2. PRESENTATIONS 3. APPROVAL OF MINUTES A. December 7, 2011 Regular Meeting There being no amendments to the minutes, Mayor Bailey declared the minutes of the December 7, 2011 Regular Meeting stand approved as presented. B. December 21, 2011 Regular Meeting There being no amendments to the minutes, Mayor Bailey declared the minutes of the December 21, 2011 Regular Meeting stand approved as presented. C. January 4, 2012 Regular Meeting Cottage Grove City Council February 15, 2012 Regular Meeting There being no amendments to the minutes, Mayor Bailey declared the minutes of the January 4, 2012 Regular Meeting stand approved as presented. 4. CONSENT CALENDAR The City Council pulled items B, C, I and M for discussion purposes. Council Member Olsen stated that item B is for the City Council's consideration to adopt a policy prohibiting the use of tobacco products in City parks located in the City of Cottage Grove. This is a policy and not an ordinance. The reason he pulled this is because he wanted to ask Recreation Supervisor Pietruszewski to give a further explanation around why they are recommending this policy. Recreation Supervisor Pietruszewski highlighted the reasons she was presenting a policy prohibiting the use of tobacco products in City Parks. The Parks and Recreation Department feels that it is important to do this in our community is for many reasons. The reason that the Parks and Recreation Department were recommending this policy is due to the presence of adults smoking in the park when they are trying to hold a program and the second reason is the littering of cigarette butts in the parks, especially around the pavilion areas. Derrick Larson of the non - profit organization "Tobacco Free Youth Recreation" stated that they have assisted and tracked 148 communities that have adopted this policy. He stated he was present simply to answer any questions of the City Council and advised that their organization would provide the signs for free. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER OLSEN, TO TABLE ITEM B AND TO FORWARD THE MATTER TO THE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION FOR FURTHER REVIEW. MOTION CARRIED. 5 -0. City Engineer Levitt highlighted Item I, a proposal to conduct a traffic signal audit of the seven (7) traffic signals under the City's jurisdiction. Council Member Peterson pulled item C and L and highlighted the Commission reappointments and those who are no longer eligible or interested in serving. Mayor Bailey pulled item M on approving DOT agreements for the Belden Railroad crossing project and City Engineer Levitt noted that the City received an additional $10,000 from the Federal government. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO: A. ACCEPT AND PLACE ON FILE THE MINUTES OF THE JANUARY 11, 2012 ENVIRONMENTAL COMMISSION MEETING. Cottage Grove City Council February 15, 2012 Regular Meeting �+ B. TABLED. C. APPROVE THE APPOINTMENT OF: i. LINDA LUNDSTROM AND KATHLEEN WASHENBERGER TO THE HUMAN SERVICES /RIGHTS COMMISSION FOR A TWO - YEAR TERM TO EXPIRE FEBRUARY 28, 2014. ii. RON KATH AND MARK NELSON TO THE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION FOR A TWO -YEAR TERM TO EXPIRE FEBRUARY 28, 2014. iii. DAVID BARKOW TO THE PUBLIC SAFETY, HEALTH AND WELFARE COMMISSION FOR A TWO -YEAR TERM TO EXPIRE FEBRUARY 28, 2014. iv. RICK CHASE, BARBARA GIBSON, PATRICK LYNCH, DAVID OLSON, ROSEMARY PALMER TO THE ENVIRONMENTAL COMMISSION FOR A TWO -YEAR TERM TO EXPIRE FEBRUARY 28, 2014; v. JASON FIELD AND ALEX CHERNYAEV TO THE PUBLIC WORKS COMMISSION FOR A TWO -YEAR TERM TO EXPIRE FEBRUARY 28,2014; BRIAN PEARSON, RANDALL WEHRL AND LISE' REDISKE TO THE PLANNING COMMISSION FOR A THREE - YEAR TERM TO EXPIRE FEBRUARY 28,2015; vi. JENNA NUTZMAN TO THE HUMAN SERVICES /HUMAN RIGHTS COMMISSION FOR A ONE -YEAR TERM TO EXPIRE MARCH 16, 2013 D. TO ACCEPT FEMA AND STATE OF MINNESOTA REIMBURSEMENT OF $20,081.12 FOR SERVICES AND PURCHASES OF MATERIALS THAT FELL UNDER THE FEMA REIMBURSEMENT POLICIES AND PROCEDURES DURING THE SPRING 2011 FLOOD. E. AUTHORIZE THE ISSUANCE OF A SINGLE- OCCASION GAMBLING PERMIT TO THE COTTAGE GROVE AREA STRAWBERRY FESTIVAL, INC., FOR A BUTTON RAFFLE TO BE HELD AT THE ALLEY, 7955 IVYSTONE AVENUE SOUTH ON JUNE 18, 2012 IN CONJUNCTION WITH THE CITY'S ANNUAL STRAWBERRY FEST CELEBRATION. F. ADOPT RESOLUTION NO. 2012 -005 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LIMITED COMMERCIAL VENTURES CONDUCTED AT AN HISTORIC PROPERTY KNOWN AS THE CEDARHURST, INC., LOCATED AT 6940 KEATS AVENUE SOUTH, COTTAGE GROVE. G. ADOPT RESOLUTION NO. 2012 -006 A RESOLUTION APPROVING APPLICANT OF GONYEA LAND COMPANY ON BEHALF OF THE Cottage Grove City Council I 5 February 15, 2012 Regular Meeting LANDOWNERS, DON AND STEVE BISCOE, APPROVING AN EXTENSION TO THE FINAL PLAT APPROVAL PERIOD FOR THE LEHIGH ACRES SUBDIVISION. H. ADOPT RESOLUTION NO. 2012 -007 A RESOLUTION APPROVING THE 2012 MINING PERMIT FOR AGGREGATE INDUSTRIES, INC. APPROVE THE PROPOSAL DATED FEBRUARY 6, 2012 FROM S.E.H. FOR THE OPERATIONAL REVIEW OF THE SEVEN (7) TRAFFIC SIGNALS UNDER THE CITY'S JURISDICTION. ADOPT RESOLUTION NO. 2012 -008 A RESOLUTION ADOPTING THE POST - ISSUANCE DEBT COMPLIANCE POLICY. K. AUTHORIZE THE AMENDMENT TO THE BUILDING INSPECTION AND CODE ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF DENMARK TOWNSHIP. L. APPROVE THE APPOINTMENTS OF RAMONA WESTERBERG AND LAURA MACIEJEWSKI TO THE CITY'S ECONOMIC DEVELOPMENT AUTHORITY FOR TERMS TO EXPIRE DECEMBER 31, 2014. M. ADOPT RESOLUTION NO. 2012 -009 A RESOLUTION AMENDING THE MN /DOT AGREEMENT NO. 96779 FOR THE BELDEN BLVD RAILROAD CROSSING IMPROVEMENTS. N. APPROVE THE APPOINTMENT OF CRISTINA MARCINO TO THE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION FOR A TERM ENDING FEBRUARY 28, 2014. O. REMOVED FROM AGENDA. MOTION CARRIED. 5 -0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES A. Receive Response to Previously Raised Open Forum Issue Regarding Public ublic Access Cable Programming. The City Council acknowledged receipt of the response from Fran Hemmesch, Administrator of the South Washington County Telecommunication Commission (SWCTC) regarding Access Television. No action taken. B. Receive Response to Previously Raised Open Forum Issue Regarding Cottage Grove Business Accelerator Cottage Grove City Council G February 15, 2012 Regular Meeting V The City Council acknowledged receipt of the response regarding the Cottage Grove Business Accelerator. No action taken. 6. PUBLIC HEARINGS — None. 7. BID AWARDS — None. 8. UNFINISHED AND NEW BUSINESS A. Consider Adopting a Resolution Providing for the Issuance of $1,870,000 General Obligation Improvement Bonds, Series 2012A. Finance Director Roland introduced Steve Apfelbacher of Ehlers Incorporated who presented the results of the sale of the $1,870,000 General Obligation Improvement Bonds to finance the 2010 and 2011 Pavement Management Projects. He stated that they received four (4) bids and the best proposal was from United Bankers' Bank, Bloomington, Minnesota to purchase the Bonds at a 1.7% rate of interest. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL PETERSON TO ADOPT RESOLUTION NO. 2012 -010 A RESOLUTION PROVIDING FOR THE ISSUANCE SALE OF $1,865,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2012A, AND PLEDGING SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF. MOTION CARRIED. 5 -0. B. (i) Consider Accepting Validation of the Charter Petition; Qi) Consider Adopting a Resolution in Support of Applicants for Seats on the Charter Commission; and (iii) Authorize the Mayor to Forward a Letter to the Washington County District Court. THE COURT'S CONSIDERATION. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER OLSEN, TO ACCEPT VALIDATION OF THE CHARTER PETITION. MOTION CARRIED. 4 -1. (COUNCIL MEMBER LEHRKE VOTED NAY). Mayor Bailey asked the City Clerk to conduct a roll call vote. COUNCIL MEMBER LEHRKE CHANGED HIS VOTE AND VOTED AYE, COUNCIL MEMBER OLSEN VOTED AYE, COUNCIL MEMBER PETERSON VOTED AYE, COUNCIL MEMBER THIEDE VOTED AYE, AND MAYOR BAILEY VOTED AYE. MOTION CARRIED. 5 -0 Cottage Grove City Council February 15, 2012 Regular Meeting (ii) Consider Adopting a Resolution in Support of Applicants for Seats on the Charter Commission MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2012 -011 A RESOLUTION SUBMITTING APPLICATIONS FOR SEATS ON THE CHARTER COMMISSION TO THE COURT FOR Council Member Olsen read aloud the names of the applicants for the Charter Commission. The City Council discussed the wording in the proposed resolution and where applicants were instructed to deliver their applications. City Attorney Heine stated that based on the conversation, she would recommend amending the resolution to state that "The following individuals are submitted to the Court for the Court's consideration ". Council member Peterson stated that she was okay with the City Attorney's amendment and Council Member Olsen stated that he would second it. MOTION CARRIED. 5 -0. (iii) Authorize the Mayor to Forward a Letter to the Washington County District Court — No action taken. Note: Further discussion or further detail regarding the February 15, 2012 minutes is available in the April 18, 2012 regular meeting packet. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS — None. 10. COUNCIL COMMENTS AND REQUESTS Council Member Peterson announced that the next Beyond the Yellow Ribbon meeting is Tuesday, February 21 and the Stone Souper Bowl is May 5 at the Park Grove Bowl. Council Member Olsen issued a friendly challenge for the Stone Souper Bowl event to the rest of the City Council. He then responded to a comment he heard during Open Forum, which is an assertion that we do not listen. Mayor Bailey stated that he has heard a lot about the fact that the City limits comments during open forum or public hearing meetings. He stated that he asked Staff to survey other communities to find out what their policies were on speaking Cottage Grove City Council p February 15, 2012 Regular Meeting O during Open Forum and Public Hearings. The average is about 2.25 minutes. He recommended that we change the Open Forum from 2 minutes to 3 minutes. He noted that this would be on an upcoming agenda. 11. PAY BILLS MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY LEHRKE, TO APPROVE PAYMENT OF CHECK NUMBERS 175510 THROUGH 175715 TOTALING $635,430.40 AND EFT PAYMENT OF $120,180.89. CHECK NUMBERS 175510 THROUGH 175553 TOTALING $198,154.95 AND EFT PAYMENT OF $2,398.49 WERE ISSUED PRIOR TO COUNCIL APPROVAL. MOTION CARRIED. 5 -0. 12. WORKSHOP SESSION — OPEN TO PUBLIC — None. 13. WORKSHOP SESSION — CLOSED TO PUBLIC — None. ADJOURNMENT MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY THIEDE, TO ADJOURN THE REGULAR MEETING AT 9:25 P.M. MOTION CARRIED. 5 -0. Prepared by, Caron M. Stransky City Clerk