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Home My WebLink About2013-03-06 PACKET 03.B.� REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETW ITEM # � DATE � � �.�� . PREPARED BY: City Clerk Caron Stransky ORIGINATING DEPARTMENT DEPARTMENT HEAD ****�******************************************* COUNCIL ACTION REQUEST January 2, 2013 City Council Meeting Minutes Approval. STAFF RECOMMENDATION: Approve Draft Minutes. SUPPORTING DOCUMENTS ❑ MEMO/LETTER: ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Draft Minutes. ADMINISTRATORS COMMENTS: � � � � �' ` � -�., � � t ,I � p �� °�°„�`,,, --� r � B-� City Administrator Date *�*�*�*******************�*********�***********� COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER H:\nbelscamper\Templates\City CouncilWction Form.doc _ � � � '� . 0 , t ,: 9 _ � -� a , � --- ---- — — - --- - i . COTTAGE GROVE CITY COUNCIL City of Cottage G rove, M i n nesota Regular Meeting January 2, 2013 OPEN FORUM Mayor Myron Bailey opened Open Forum at 7:15 p.m. anc�.rs��d that during Open Forum a person may address the City Council on subjects not a pa� of�the regular meeting agenda, but must limit their remarks to three (3) minutes per..p�t'sb;s� The purpose of Open Forum is to give the public an opportunity to present informa�'rtpli��or to �equest action by the City Council. It may not be used to make personal atta�ks, to air personality grievances, to make political endorsements, or for political campaign purposes. Open�`Fo�um will adjourn to the regular meeting promptly at 7:30 p.m. 4 =; � ti , a ,,, The following were present: Mayor Myron Bailey, Co�,ncil M:ernber Derrick�l�e�,�ke, Council , Member Justin Olsen, and Council:��rn,ber Dave TYii�de ,.•�''� , The following were absent: Council Member Jer � . � �<;:: Also present were: Ryan S�i�roeder, City?Ac�mini Roland, Finance Dir��oY, CoYrii�e �iE� Qt City Engineer; Craig�,,Wa lery, Publla�Safety D�ret ti ;y � Director. �... ,,.e Mayor B�il�� to addC,ess„ti�e pen�°'r�,o�t�l't'�� at � �1� p m , ncil on �ri�!�topic not ori:i Dennis P(�C`i �,,.:, dispute he v presented a Council Member !7 77t" Str aving with ��out that t� na rso ��or, C�ron 5�r�nsky, City Clerk; Robin ��,y Keh�edy &�Graven; Jennifer Levitt, ;�and Le�s.B�urshten, Public Works ,asked if anyone in the audience wished genda. Sout �. ttage Grove, addressed the Council regarding a �� ',,City's Bu��l�ing Inspector on his egress windows. Mr. Plan h:�d on a few additional issues. at 7:17 p.m. There being no one else wi�;hing to speak, Mayor Bailey closed Open Forum to the Regular meeting. � Mayor Bailey closed Open Forum. Senate District 57 Senator Katie Sieben administered the oath swearing into office Myron Bailey as Mayor and Jen Peterson and Justin Olsen as Council Members for the City of Cottage Grove. �ITV �� Qll'�,�i� ti��W'� $ �.�� d�,�irt� f�ar�•ray� � �nik�i�e �raav� h+linn��i� �5�Ci1� ti�r.r�a�ka��-�,rav�.ar�� 51-�5�-�� T�x �5��-�5�##-��' � Equ��l d�J�p€�r��rn�y� Emp�lo�y�r Cottage Grove City Council ( � January 2, 2013 Regular Meeting REGULAR MEETING CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on January 2, 2013 at the Cottage Grove City Hall, 7516 80th Street South. Mayor Bailey called the meeting to order at 7:30 p.m. 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, CityAdministrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Corrine Heine, CityAttorney-Kennedy & Graven; Jennifer Levitt, City Engineer; Craig Woolery, Public Safety Director; and Les Burshten, Public Works Director, Zac Dockter, Parks and Recreation Director, Danette Parr, Economic Development Director; and Joe Fischbach, Human Resources Coordinator. Mayor Bailey presided over the meeting. 1. ADOPTION OF AGENDA MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 5-0. 2. PRESENTATIONS A. 2012 Preservationist of the Year Award The Mayor and City Council Members presented a plaque to Judy Spooner as the 2012 Preservationist of the Year. Bev Gross, member of the City's Advisory Committee on Historic Preservation congratulated Ms. Spooner on her accomplishments on the Committee and for her contributions to the community. Cottage Grove City Council ( � January 2, 2013 Regular Meeting B. Inclusive Play�round Design Conce�t Parks & Recreation Director pockter and Recreation Supervisor Pietruszewski highlighted the concept of inclusive playground design concepts. 3. APPROVAL OF MINUTES A. October 17. 2013 Regular Meeting Mayor Bailey declared the minutes of the October 17, 2012 Regular Meeting to stand approved as presented. B. October 20. 2012 Special Meetin� Mayor Bailey declared the minutes of the October 20, 2012 Regular Meeting to stand approved as presented. C. November 7. 2012 Regular Meeting Mayor Bailey declared the minutes of the November 7, 2012 Regular Meeting to stand approved as presented. D. November 17. 2012 Special Meetin� Mayor Bailey declared the minutes of the November 17, 2012 Special Meeting to stand approved as presented. 4. CONSENT CALENDAR The City Council pulled and briefly discussed items E, D and K. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER OLSEN, T0: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: i. PLANNING COMMISSION MEETING OF OCTOBER 22, 2012. B. DESIGNATE THE SOUTH WASHINGTON COUNTY BULLETIN AS THE CITY'S OFFICIAL NEWSPAPER FOR 2013. C. AUTHORIZE THE DONATION OF THE CITY'S HISTORIC ARTIFACTS AND INFORMATION PROVIDED BY THE WASHINGTON COUNTY HISTORICAL SOCI ETY. D. APPROVE THE APPOINTMENT OF CHONGLENG KU AND FEDELIS FONDUNGALLAH TO THE CITY'S HUMAN SERVICES/HUMAN RIGHTS COMMISSION FOR A TERM TO EXPIRE FEBRUARY 28, 2014. Cottage Grove City Council I/� January 2, 2013 Regular Meeting `� E. ADOPT RESOLUTION N0. 2013-001, A RESOLUTION ACCEPTING DONATIONS TOTALING $3,549.80 RECEIVED BY THE CITY BETWEEN OCTOBER 1 AND DECEMBER 31, 2012 ON BEHALF OF CITY ADMINISTRATION AND THE PUBLIC _ SAFETY DEPARTMENT: i. 3M CORPORATION -$1,000 (NEIGHBORHOOD WATCH PROGRAM) ii. COTTAGE GROVE CRIME BOARD -$2,000 (K-9 EXPENSES AND CONFERENCE) iii. ALERUS FINANCIAL ON BEHALF OF MICHAEL AND NANCY CANDY AND DAVE AND CHRISTINA LAES -$300 (PUBLIC SAFETY/FIRE DEPARTMENT) iv. COTTAGE GROVE LIONS CLUB -$249.80 (FLAGS FOR VETERANS MEMORIAL) F. APPROVE RENEWAL OF THE PROSECUTION SERVICES CONTRACT FOR 2013- 2015 WITH F. JOSEPH TAYLOR. G. PASS ORDINANCE N0. 910, AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING THE STREET LIGHT FEES EFFECTIVE JANUARY 1, 2013 AND ADOPT RESOLUTION N0. 2013-002, A RESOLUTION AUTHORIZING THE PUBLICATION OF ORDINANCE N0. 910 BY TITLE AND ��11►�il►�il_1�'� H. AUTHORIZE THE CITY TO ENTER INTO AN AGREEMENT WITH THE VFW POST N0. 8752 FOR A RIGHT-OF-WAY EASEMENT ACQUISITION AND CONSTRUCTION DISTURBANCE MITIGATION. AUTHORIZE THE ACQUISITION OF TEMPORARY AND PERMANENT RIGHT-OF-WAY EASEMENTS PER THE TERMS OF THE AGREEMENT. AUTHORIZE THE CITY TO ENTER INTO A CONSENT AGREEMENT WITH THE METROPOLITAN COUNCIL RELATED TO THE VFW RIGHT-OF-WAY EASEMENT. I. ADOPT RESOLUTION N0. 2013-003, A RESOLUTION APPROVING CHANGES TO THE 2013 NON-REPRESENTED PAY PLAN. J. ADOPT RESOLUTION N0. 2013-004, A RESOLUTION DESIGNATING DEPOSITORIES FOR CITY FUNDS AND AUTHORIZING THE INVESTMENT OF SURPLUS FUNDS FOR 2013. K. ADOPT RESOLUTION N0. 2013-005, A RESOLUTION APPROVING "THE SHOPPES AT COTTAGE VIEW" AS THE MARKETING NAME FOR THE FUTURE COMMERCIAL AREA LOCATED ON THE SITE OF THE FORMER COTTAGE VIEW DRIVE-IN AND THE DIRECTLY ADJACENT LAND GUIDED TO COMMERCIAL USES. MOTION CARRIED. 5-0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES - None. 6. PUBLIC HEARINGS - None. 7. BID AWARDS - None. 8. UNFINISHED AND NEW BUSINESS Cottage Grove City Council ( � January 2, 2013 Regular Meeting A. Accept City Council Meeting Schedule for 2013. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE THE 2013 CITY COUNCIL MEETING SCHEDULE AS FOLLOWS: AMEND THE 2013 REGULAR MEETING SCHEDULE BY CANCELLING THE AUGUST 7 AND AUGUST 21 REGULAR MEETINGS, AND SCHEDULE A REGULAR MEETING FOR AUGUST 14. ii. SCHEDULE THE BUDGET WORKSHOP SESSIONS FOR AUGUST 7, AUGUST 21, AND AUGUST 28 (IF NEEDED) AT 6:00 P.M. iii. SCHEDULE A SPECIAL CITY COUNCIL GOALS WORKSHOP FOR JANUARY 26, 2013 AT THE PUBLIC SAFETY/CITY HALL PROJECT. B. Consider Appointing Jen Peterson as Mavor Pro Tem for 2013 and Consider Ratif�g Mayor Bailey's Appointments of Representatives or Liaisons to Various Commission or Committees for 2013. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE THE APPOINTMENT OF JEN PETERSON AS MAYOR PRO TEM FOR 2013. MOTION CARRIED. 5-0. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER OLSEN, TO RATIFY MAYOR BAILEY'S APPOINTMENTS OF REPRESENTATIVES OR LIAISONS TO VARIOUS COMMISSIONS AND,COMMITTEES FOR 2013: ECONOMIC DEVELOPMENT AUTHORITY - MYRON BAILEY AND DAVE THIEDE HISTORIC PRESERVATION ADVISORY COMMITTEE - JUSTIN OLSEN iii. HUMAN SERVICES/HUMAN RIGHTS COMMISSION - JEN PETERSON iv. PLANNING COMMISSION - JUSTIN OLSEN v. PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION - DERRICK LEHRKE vi. PUBLIC SAFETY, HEALTH, AND WELFARE COMMISSION - DERRICK LEHRKE vii. PUBLIC WORKS COMMISSION - JUSTIN OLSEN viii. STRAWBERRY FESTIVAL - DAVE THIEDE ix. INVESTMENT COMMITTEE - DAVE THIEDE AND DERRICK LEHRKE x. RED ROCK COMMUTER RAIL - JEN PETERSON xi. SOUTH WASHINGTON CABLE TELECOMMUNICATIONS COMMISION - DAVE THIEDE xii. HOLIDAY TRAIN COMMITTEE - MYRON BAILEY AND JUSTIN OLSEN xiii. ENVIRONMENTAL COMMISSION - DERRICK LEHRKE xiv. BEYOND THE YELLOW RIBBON - JEN PETERSON xv. MINNESOTA HIGH SPEED RAI� - JEN PETERSON MOTION CARRIED. 5-0. Cottage Grove City Council ( � January 2, 2013 Regular Meeting C. Consider Adopting the Proposed Policy Prohibiting Tobacco Products in City Parks Recreation Supervisor Pietruszewski summarized the proposed policy prohibiting the use of tobacco products in City parks. The policy has been reviewed by the City's Environmental Commission and Parks, Recreation, and Natural Resources Commission and both are in favor of implementing such a policy. She stated that they would make this a positive tobacco-free campaign i n Cottage G rove. There was discussion on how to enforce violations to a policy; who would be in charge of enforcement, the special permitting options for events such as the Strawberry Fest or for Adult Athletic Tournaments, the effect of passing an ordinance in lieu of a policy, recreational fires in backyards, and concern about putting a policy in place with no enforcement. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER LEHRKE, THAT THE CITY COUNCIL DOES NOT SUPPORT THE PROPOSED POLICY AS WRITTEN. MOTION CARRIED. 5-0. D. Consider Approving the 2013 through 2017 Capital Improvements Program MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE THE 2013 THROUGH 2O17 CAPITAL IMPROVEMENTS PROGRAM. MOTION CARRIED. 5-0. E. Consider Request of Donald and Bonnie Bialucha's to Amend City Resolution No. 2012-048, a Resolution Approving the Final Plat for Pinecliff 5th Addition for Purposes of Deleting the Reauirement that their Property be Part of the Pinecliff Homeowners Association Senior Planner McCool summarized the request of Donald and Bonnie Bialucha, 6120 Ideal Avenue South, Cottage Grove, to amend Resolution No. 2012-048, a resolution approving the final plat for the Pinecliff 5th Addition. Their request is to delete condition number 14 which reads as follows: 14. Ownership of the two existing residential parcels at 6120 and 6240 Ideal Avenue South must be part of the Homeowners Association for the entire Pinecliff neighborhood. Donald Bialucha of 6120 Ideal Avenue South; Bonnie Bialucha of 6120 Ideal Avenue South; Tom Shannon of 6240 Ideal Avenue South; John Anderson who stated he was purchasing property owned from the Bialucha's, all voiced opposition to being a part of the Pinecliff Homeowners Association. The property owners informed the City Council that they had documents from Lennar indicating that they would not have to be in the Homeowners Association. Cottage Grove City Council I� January 2, 2013 Regular Meeting City Attorney Heine stated that there are certainly some potential claims between the property owners and Lennar over miscommunication. There is the potential for a claim challenging the requirement that the property owners be a part of the Association. She stated that she was not in the position to give legal advice on the issue based on a couple of the things that were said that were new to her. She stated that she would really have to know all the facts to piece the whole thing together. Corrine Heine stated that the request that the property owners were making were the appropriate requests and that an amendment to the Development Agreement would have to be agreed to by the City, Lennar and by the property owners. MOTION BY OLSEN, SECONDED BY LEHRKE, TO TABLE THE REQUEST TO REMOVE CONDITION NUMBER 14 FROM RESOLUTION N0. 2012-048, THAT REQUIRES THE PROPERTY OWNERS TO BE A PART OF THE HOMEOWNERS ASSOCIATION. City Attorney Heine stated that a motion to table is not debatable. MOTION CARRIED. 5-0. City Attorney Heine stated that what she would like to review all of the documents before she provides any advice to the City Council such as a copy of the recorded Declaration for Pinecliff from 2005, any supplementary Declarations that have been signed and recorded or signed and not recorded since that date, a copy of the emails that were referenced to earlier during the meeting, and a copy of any additional letters besides the letters that are in the packet. Those are the documents that she would like to review. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS - None. 10. COUNCIL COMMENTS AND REQUESTS - None. 11. PAY BILLS MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER LEHRKE, TO APPROVE PAYMENT OF CHECK NUMBERS 179667 THROUGH 179849 TOTALING $1,070,448.44 AND EFT PAYMENT OF $15,065.30 (CHECKS 179667 THROUGH 179834 TOTALING $1,063,475.28 WERE ISSUED PRIOR TO COUNCIL ACTION). MOTION CARRIED. 5-0. 12. WORKSHOP SESSION - OPEN TO PUBLIC Cottage Grove City Council I p January 2, 2013 Regular Meeting 0 A. 2013 Pavement Management Project Mayor Bailey announced that the purpose of the workshop session was to review the 2012 Pavement Management Project. City Engineer Levitt highlighted the 2013 Pavement Management Project noting that the project was in two areas: The area bound by Jamaica on the east, 80th Street on the north, Kingston Park on the west, and the area south of Kingston Park and north of 80th Street. The project also includes improvements for trail expansion and improvements to Kingston Park. City Engineer Levitt then summarized the proposed improvements and the project funding sources. The total project cost for the road work, utility, storm sewer, and park improvements is $7,566,610. In accordance with the assessment policy, 45 percent of the total project cost for road work and utilities is assessed against the benefiting properties. The School District and South Washington Watershed District would also be funding sources for project. 13. WORKSHOP SESSION - CLOSED TO PUBLIC - None. ADJOURNMENT MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADJOURN THE REGULAR MEETING AT 10:35 P.M. MOTION CARRIED. 5-0. Prepared by, Caron M. Stransky City Clerk