HomeMy WebLinkAbout2013-01-02 MINUTES
COTTAGE GROVE CITY COUNCIL
City of Cottage Grove, Minnesota
Regular Meeting
January 2, 2013
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 three (3) minutes per person. The purpose of Open Forum is
to give the public an opportunity to present 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.
The following were present: Mayor Myron Bailey, Council Member Derrick Lehrke, Council
Member Justin Olsen, and Council Member Dave Thiede.
The following were absent: Council Member Jen Peterson (Late).
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.
Dennis Plan, 8027 77 Street South, Cottage Grove, addressed the Council regarding a
th
dispute he was having with the City’s Building Inspector on his egress windows. Mr. Plan
presented a handout that touched on a few additional issues.
Council Member Peterson arrived at 7:17 p.m.
There being no one else wishing 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.
Cottage Grove City Council 2
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 80 Street South. Mayor
th
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, 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, 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 3
January 2, 2013 Regular Meeting
B. Inclusive Playground Design Concept
Parks & Recreation Director Dockter 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 Meeting
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 Meeting
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 C0UNCIL MEMBER OLSEN,
TO:
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
SOCIETY.
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 4
January 2, 2013 Regular Meeting
E.ADOPT RESOLUTION NO. 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 NO. 910, AN ORDINANCE FOR THE CITY OF COTTAGE
GROVE, MINNESOTA, AMENDING THE STREET LIGHT FEES EFFECTIVE
JANUARY 1, 2013 AND ADOPT RESOLUTION NO. 2013-002, A RESOLUTION
AUTHORIZING THE PUBLICATION OF ORDINANCE NO. 910 BY TITLE AND
SUMMARY.
H. AUTHORIZE THE CITY TO ENTER INTO AN AGREEMENT WITH THE VFW POST
NO. 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 NO. 2013-003, A RESOLUTION APPROVING CHANGES TO
THE 2013 NON-REPRESENTED PAY PLAN.
J. ADOPT RESOLUTION NO. 2013-004, A RESOLUTION DESIGNATING
DEPOSITORIES FOR CITY FUNDS AND AUTHORIZING THE INVESTMENT OF
SURPLUS FUNDS FOR 2013.
K. ADOPT RESOLUTION NO. 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.
MOTIONCARRIED.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 5
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:
i.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 Mayor Pro Tem for 2013 and Consider
Ratifying 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:
i.ECONOMIC DEVELOPMENT AUTHORITY – MYRON BAILEY AND DAVE
THIEDE
ii.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 RAIL – JEN PETERSON
MOTION CARRIED. 5-0.
Cottage Grove City Council 6
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
in Cottage Grove.
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 2017 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 5 Addition
th
for Purposes of Deleting the Requirement 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 5 Addition.
th
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 7
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 NO. 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 8
January 2, 2013 Regular Meeting
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, 80 Street on the north, Kingston Park on the west, and the area south
th
of Kingston Park and north of 80 Street. The project also includes
th
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
Anderson window city building inspectors don't know egress law
W.C, court approved another way to void warranties!
This summer ADA curb was installed by our hom�. Is it a
perception that fihis could be the 4th time we paid for it?
About FORTY years ago Fire Chief asked council for smooth
roads to protect first responders from injury. The council agreed
with the chiefs safety request and adopted smooth road policies.
Recently part of Hemmingway was repaved with staff s normal
safety violation speed bump almost as bad as 77th & ideal.
i drive on Hinton daily if you repave it it's time for ethical &
professional inspection starting with the road base�should five
inches below the curb and final paving should be even with the
curb for street sweeping and water drainage unlike the new curb
in front our h me. There should be leveling of the street so as not
to have man ole covers six inches below the street like the
pictures i g e you from 2008. Can we also instruct the crew not
pave over la�-ge tree branches & rocks.
1972 homes were approved with YOU need assistance windows.
Most 1972 homes have replaced windows with ADULT egress
windows. Dale, Rich and Sandra's homes were put on Bob's do
not sell lis� isn't this the same list the city spent a year in court over?
Last year at public safety meeting fire chief said he respond to my
written notes about home fire safety i am wating for written reponse.
Roof inspection document failed january & february passed in
march with FOUR FEET of snow on it lot of snow that year!
The observation deck this unmaintained;unsafe;ADA violation who
signed off on this 17% grade etc. etc.
I am in favor of roundabouts however the one we have has
too many defects to list?
25w BY 23h provides more egress than 25w BY 42h????
Page 1 of 2
Sk�n!o P�Aa�n Content Loqout Mv�rcount Searoh D4enir New Civil Search Refine Search Back Location�All MNGS S�tes-Case Searcl�, H�Ip
REGISTER OF ACTIONS
C,�sE No.82-CV-i 1-3588
Entertainment Concepts,Ltd,vs Clty of Cottage Grove,Robert LaBrosse § Case Type: Cfvil Other/Mtsc.
§ Daie Filed: 08/13/2011
§ Location: •Washington-Stiliwater
§
�
N.11iTY IIVFORMATION
Lead Attorneys
De(endant City of Cottage Grove JOHN E HENNEN
Retained
851-281-1268(V1n
Defendant LaBrosae,Robert JOHN E HENNEN
Retained
651-281-1288(V1Q
Plaintiff EnteRainment Concepts,Ltd. MARK J SCHNEIDER
Retained
612-339-7300(V1�
EYENTS&ORDERS OF THE COURT �
DISPOSITIONS
03/16/2012 5ummary judgment granted(Judicial Officer:Galler,Gregory G.)
03/18/2012 Dismissal wlth preJudica-not ail parties(Judicial Officer:Galler,Gregory G.)
05/11/2012 Dismissal with preJudice(Judicial OKcer.Galler,Gregory G.)
OTNER EVENTS ANU HEARINGS
06/13/2011 Case Flled �
08l13/2011 Answer !
w/seivice w/summ&Compl attached '
06/13/2011 Informational Statement
w/servlce
0 811 3/2 01 1 Schedule Court Trfai
OBl13/2011 Notice of Case Ass(gnment(Judicial Officer.Galler,Gregory G.)
Mailed noUces to parties.
06/23/2017 Summona and Complaint
w/service(3)—sent to RR
OB(23/2011 Informational Statement
w/service—senf to RR
09102/2011 Scheduling Order(Judicial OKcer.Galler,Gregory G.j
O9/02/2011 Notice of Filing of Order
01l27/2012 Notice of Motlon and Motlon
FAX-MSJ-w/A/f o/Svc and proposed Order.Sent to RR.
0 112 7/2 01 2 Memorandum
FAX-MEMO!n Supporf ol MSJ.Sent to RR.
01/27/2012 Affidavit-Other
FAX-A/f of John E Hennen-w/exhibits.Senf to RR.
02/02/2012 Correspondence
staling that parties may request extending the mediation deadline
02115l2012 Memorandum
PLN's MEMO of Law in Response to DFOS'MSJ-w/AH of Svc and proposed Order.Sent to Dawn.
02/15/2012 Affidavit-Other
AH of Mark J Schneider-w/exhibits.Sent to Dawn.
02/21/2012 Memorandum
FAX-DFDS'Reply MEMO in Supporf of MSJ.Sent to Dawn.
02124/2012 Hearing (6:30 AM)(Judiciai OKcer Galler,Gregory G.)
perAlty Hennen
Resuit:Held
03/16/2012 Motlon Summary Judgment (8:30 AM)(Judfcial Ofticer Galler,Gregory G.)
PerAtty Hennen
03/09/2012 Continued to 03/16/2012-Attorney Unavai�able-Entertainment Concepts,Ltd.
Result:Held
03/18l2012 Order-Other(Judicial Officer.Galler,Gregory G.)
DePs MSJ is Granted/Pln's complaint is dis w/prej
03/16/2012 Judgment
03/1612012•Notice of Entry of Judgment
Mailed notices to pa�ties.
05/10/2072 Stlpulat(on
5tipulation ol Dismissal w/Pre%and Order(unsigned)sent to GGG;rec'd,signed and sent to order shel/
05/11/2012 Stipulation and Orde►tor Dismissal
dismissed w/prejudice
o5/11I2012 Judgment
05/25/2012 CANCELED Pre-trfal (8:30 AM)(Judicial O�cer Galler,Gregory G.)
1agy .�, v� �.
�'"�
llsmissed •
with prejudice
,�2ICANCELED Jury Triai (8:30 AM)(Judicial Offlcer Galler,Gregory G.)
Dismissed
with prefudice
I'INANCIAL INFORMATION
Defendant Cily of Cottage Grove 570.00
Totai Financial Assessment 570.00
Total Payments and Credits 0.00
Balance Due as of 11/2612012
420.00
Oe113/2011 Transaction Assessment HENNEN,JOHN E (420.00)
08/13l2011 Mail Payment Receipt#0082-2011-20275 25.00
01l27l2012 TransactionAssessment 100.00
01/30/2�12 7ransact(onAssessmeni HENNEN,JONN E (125.00)
01/31/2012 Mail Payment Receipt#0082-2012-02935 25.00
02/21/2012 Transaction Assessment HENNEN,JOHN E (25.00)
02l2312012 Mail Payment Receipt#0082-2012-05199
Defendant LaBrosse,Robert 570.00
Total Financial Assessment 570.00
Total Payments and Credits 0.00
Balance Due as of 11/28/2012
420.00
08/13/2011 Transaction Assessment (420.00)
08l13l2011 Credit-Jofnt Filing 125.00
01/31/2012 TransactionAssessment (125.00)
01/31/2012 Credit-Joint Filing 25.00
02/23/2012 TransBctlon Assessment (25.00)
02/23/2012 Credit-Joint Filing
Plalntiff Entertainment Concepts,Ltd. 420.00
Total Financial Assessment 420.00
Total Payments and Credits 0.00
Balance Due as of 11/28/2012
320.00 i
08123/2011 TransacUon Assessment SCHNEIDER,MARK J (320.00)
08/23/2011 Mail Payment Receipt#0082-2011-21505 100.00
02f17l2012 TransactionAssessment SCHNEIDER,MARKJ (100.00)
02/17l2012 Mail Payment Receipt#0082-2012-04782
�_�._�.��..,.:,, „�.,,r.� �+„�P �,,,, ,��/r;���T�etail.asnx?CaseID=1614553102 11/28/2012
St. Paul loses window-size dispute in appeals court Page 1 of 2
+ .
St. Paul loses window size dispute in appeals court
6y Frederick Melo fineloa pioneeryress.com TzuinCities.com-Pioneer Press
Pnst�d: . TwirlCities.com
Homeowners looking to replace a window that's too small or too narmw to meet S� Paul code
code regula�ons soon may be able to put their wallets away arbd relax a bit 4Vhen it comes to
to switching out old win�ows, siate nales M.�mp stiffer policies enacfied by the city.
That's the latest determination froxn the Minne.sota Court of Appeals,which has sided with tive
the Builders Association of Mirnlesota, or BAM, in a suit against the city over egress winc3�ws.
wincbws.
The 16-page decision,filed Monday,July 23,finds that j�t as cities cannot sic�estep state buildirtg
building codes through fomial ordinances, they aLso may not cio so thrrn�gh indirect means, such as by
such as by ac�opting a depRrtmental policy without a formal vofie of the City Council.
"T`his is a pretty definitive de�ision that Mirn�esota wants a statewicle building code and not a
a patchwork," said BAM executive vice president Pam Perri.
Tl�e appeals court mversed a lower court decision arxl r��m�ed the case to RamSey County District
District Court
"We're not certain right now where we go from here. All options are on the table,including talldng
t�lldng with the Legislature to ask them to clarify what we see as twv conflicting laws," said Sara
Sara Grewing, city attomey. -
In April 2009, the St Paul Safety and Ir�spections Departrnent adopbed a"Uniform Egress Window
4V'lndow Polic�' withaut a council vote. The policy set up mirnnnun sizes for repla�ement egress
egress windows and creafied an appeals proce.ss in which property owners could plead their case
case befor�the City Coi.u�cil.
The B uildeis Association of I�Tinnes�ota argued that tl�e policy, which was int�d to rr�ke it easier to
it easier to flee a house during a fire or other errierger�cy, actually mac�e properties less safe. The
T'he policy forces homeowners to cut inbo walls to rnake new window openingS laiger. Many owners
Many owners simply decided to leave their old windows as-is.
"4Ve'd rather have someone be able t�open a winc�w, ratl�eer than fail to replace a wirx�w that has
that has been�infied shu�" Perri said "It casts nwre rr�ney, beca�e it's not jt�st the replacement
replacement winc�w You have to cut inbo the stucco or the concrete."
QAM sought an irg�tion a�in�t the city policy in Ran�ey Cotmty District Court biit lost the case,
the case,with the district court concluding the state building code applies to mtmici�l ordinances but
�>iY�inances but not to speci_fic cieparhnental policies.
In Monday's filing, a thr�e juci�e�1 of the Nfinnesota Court of Appeals faun,d otheiwise. The
T11e decision r�ted that in 2007, the Mirmesota Depart�r�nt of Labor and Indt�siry adopbecl d1e
-. . . - � . , . � i i� - � �`� � � t.. � ,r.' .
) ' . 7�. . r � � '', �"�� � `� r',•.I ��. �� � ,.' `,•�
�.2B �,A. FRIDAY, D�CEMBER 27 20'02 ,�. : ,� ;,' . . ,. _O�cC9,�t.L�.N E W S�: . :� ,
�p �.
�. ... - . . � ' . . ' ' . .. . � . ... , il IJ1�f f 4,�::1:,t]R{C "7 i� �.•. p ,, �1..F} .'�' .
*
; SUBURBS AND MINNESOTA
� � , �,� � : �, � ����t �� � a _ — __ � �
� �/ � ,, �. � .: �s � fr�. +�l �,� , , }{ �.� , �,. .�
' � � � � ��RAfy1SE�f`COI��TY .COURT'� ' }� h : �� � � sk�.
� ' � s��� �t �-� < � f i� ���. � `��$ y�
r �� � � r �
� ��'+ ��i � . ����� '�� �, �'�� � � ��' � �� s� �' f '� '�� ` �� ,�
, � �`, { L=RPaul ��
U ,�.`'sa s .in� or � ;, ,`Three`S� , ;
.s �ec. � s�� ������ � ��. �� . �
� , ; ;� �g., � �� }:=����� �, � ; �"r�l2c�n�ing;anspeetors�, I
. .. f,�� .a d p� �; ,Y_a j � � ��� ' � t �. .'_ ,'. . �
7� �..� �s3i:,�,t . r � • � �". _ ., ' � .
� .,� , �; �;�.�,u�;. � ��: �� w��� � ���� test�fied,`agair�ist � � i
r
� ti �
.'I f ��,. ����:. � T��lo� {� ����� ��}��?ft`�kj��i 5 1 i��{b�t� ���°{���!�.�{;r S �6�a�F/f�� 'S'�G !��.I�
,� Krank2e s b�ll, wh2ch�
, ��_'' _,� �� . ` �� , . ., �,�';;; s�-���.�����K Rnk�e�,� ��'did not'become laiu. �
:��? � �
,;; Charges against Shoreview state legisla�or� dismissed'��` , �.:; ,
, 'BY CYNT�TI�:'BOYD '� I1%Ian�iel `Cervantes diii riot cityzhcenSing irtspeotors is°�ued said I+�itz Kiiaalc �I€riinki,e's 'I
Pzoneer P ess re a're ortei�' liori� �r 3 = � y � {_ n�
r , turn, p s n� e� call. se�en�., cztat�on� a�tegmg_:tha� attoiney a s '� I
, F ` ��ast fall�he denied atl�discrimi- Krinki�e's Snellulg�}Co em�loy �;.; A�ccording to, court doc,u- ; I
• A �Ramsey Goun t'y D'fstrict ,-riatory enforcement`� u = ees.had xnst a lle c t hea tu�g�sys# .rrieh ts,�t he c i t y'ha d is,'sue d more.,.
�Cou`rt��udge,h���ruled that the ;;"The timing of�the issuance tems wl�hout flrst.;.passing'thQ ::tha��4b0',Co�rection notices for.�.;;
. ;city ;qf St •.Paul diseriminated �of'the�citation�""dnlyadds.to,the' city'��.;cqinpetency test, ot�:that..,violating;city.law ovex'the past'. .,
;�;,against state.R�p �'tiiP Krinkie��;�appea`rance,of,'selectiye.'prose=, thgy:had iri�axalled,.them _con three xears,hi��Krinl�ieiand his ;
by singling out tus heatmg and cution," Cleary" wrote in his trary �fo=°�tlie F inatiufaGtu,i`er'S��e,mployees we��`;�he orily�onPs��,
>cooluig buSiness for: criminal deeisio�,_rel�asec�7,'hursday,_by . direc�ioris:'' � ` ` �wfio received ci�lminal cita�ions: � i
�,._ .
_ ,�citations ' ' I�rinlcie '" � Thxee St.Paul inspectors tes . ' Krinkie went to i eQurt m
,Furthe�, j�uag�°��ard`J ` �•The 'judge `dismissed ;`the t�ied j,agains�; �rinlde's p'ill; October to force the cit�tb�pro-.`. �
-�Cl�a�`��a �a�d;�r` th����j evidsnce c.t�iinir�al cha�ge��, t`'��'`'� �yhich did�i�ot;becom�.law, ; _�, � t �yi�ei hun acc`s� t�,;�;�i�a�o� ,�
.
� :�f� � \ • " , �i - � � � � � f. : � � C � ��i e��{ ��S�,� �4 iy.f.H�
shbwed�f��actions dennonst�rat s �".�n F�bxti�t�;�e�ore �li�'�ita r "W�f�el;yi�dicatedi" g��.x:ecof d� ;;¢, „ ,, �� �_ �,=r,�,b
� � :�;�s �' ir ' - r.� �-t ' t S 7 .l s }..� .! tie t ,,�-� t J.,r.�E;:_ � i �, {
� 'Y. ` .. . r.P... ., W > •. .. . ,. . �,:: �,t,� ::. .� .� ►�Lr€ � �.,�. .
;�ed 'a� �desir�" �o��x re�ent,, t�o� exe xssuet�, K?�kie�had ;' sa�c�; atld3ng= ,that= �}e �.,didn�t�� {�7In ae�?�atrung his i'�gr�,:�
�Krinki`t� �..�nei�dm�rit '�autho�`ed;legislatlo�that; oulc�r tin�er`t d'yvhy th�;city�i�, riot j Gl'e �'�v�'ote�'� ore ft'r's util�ii�;`�''
� � r;�� ., r r �1& @ 10 (� O �.,,BrS 0�:'� 88. C�TOr`:.e y �,}},�.c- , ��.,,w,'j,S BITl���0 ��''i���l;.#. l e`n��"oti :at'�ion f a,u{,P
" ;;Mgh�to free� e , �� ,_ :- �V al w�
�. � r,��<,�;, _ �-$r„�- ��:: � , ���� 't tapp: 1a.F'w:�� t�'"�'�+�, a�,4� ��'�,; ,,kr�.;t��`�p���. ;f� ;aYs:i � �Psrs.,��,
,,
hor d `-re id � c t - n - � s ce bf� s a o
. ,,,� uI�rii�lu�, R S = � e�v; �a , annall,, .s�e��ial.puildi�gs, g,�$ �:au�s�z =�s:h�4��,��agQ� ���.s ,�'� s:,�; �� ,0y C�t ti I�s�'�
;;�Ynaiz�tauied�t��'�c�it� et�oi�s ��Ti�e indepenc�en s�ate 1 �; ,be�u �of a��le�„p,ca g p sg�eci�,Def�r��ant I�ri�kiQ� as �.�i�ze�..�
�:' ;zn.�i. s-9..r�:.r -'*�'r��'�.r��� ��> �� �.4�� .. 3�'-���. �.�f� -,y,�����.. _ m �T�„,kR� a =Tli- '�i�r y}d.i.ty.,,.sl, > r��/ rFx'-:���C ti .u:�:1e.-���i
���wer�,� tal�a�io�beQause.�of�eg --�;, �d�Am�p.eax�r wt�a han '�t��`'e� orc�"}M`en� {:���, pppY t��I3 'an�ia �legislator,'h�Qy_:�the�ght:
,- 'i i�f' �_� 3 i$sr`.m �#_. :•,:,.v„ },. }-,r �1 ,`� .mi'�; 4( ���4tSY �1��"�'�4�`'.SY�k�' rf'..�t+�, ��'S� R �a. i�f�.: � 1
;:isl�� e h�d; �'� 0��� :, ,s��n�tnicip�����or. h Y r. Taw� � � r�',� �s._ �4��t���';to,k e�re,i,se �us�'�Ir t;., en ��
' ,,� �t�:� �r• � `��i � a�9�m� st c �t��`�%s s � r '+���'# �,� t ��:
, 4 �r:3 �� ���G�i� :��� ����;;�Vi��h a�d�fprils�t aul y�'li$f� ��;we�',e �mp� _ g�' �m�nt��ts�y st"�tuig�view-. ;
,;+_ � �� ,J 4'mi-�.'�s .�i--' �}.�,.�� } f i r�'�� �. ��a} �'.-.f + � ;:�� k` ''�-., + v�,€ 0�� �7 I,..�,>>O �`i (7{ 7t�:'�x�
` � �s� � �x � � ., . � _ a� k � ; ,� � F �$ . _ � �: , P-„ a�?c�-�Y�� g ,S g�g�s�a���
;; ` �,� ` �-�.,� � ' ,�� �-�`���3� - '�� 1 �tion thab i��agauis��hetiri�ere�sts�y
�� � �z rr��-� sR e-r z �F �r�;� �- _ , �;}� ' oPy,t�� d{ dt}al�` �Iho`fi�S ed�j� .
;:. dw • � � i,�:t.7 .�,*�` t jT .�'�7 -t" 9 t � "yL� c� 3_ �, -y �:=7 � {}y�� £r,����,i �-J_; fif t l.r.t.� A
�=}- �•i � -�. . j�fV .S��Fr'''�? '.�`��r t�� � � . a`� j �aGES,t@(�'I7TY��I1�4(,.'�,��Oc�i��3I}� �
z �-µ. a
y'� "i y t t �+�i�
� _ - - `� 7 t�����dges als wa�t������ r;f
..
F� �.�� �O'� `��� .� x�y� bJ���e c� 's �`Sa��'�f a vu�itte�4
, � . _ s. e In ��F.��F��,. � F. �i, r^
. ,.. . . �. ��,,� � � g»�f •.�
� � � � �t�.�� �i ; � � pplic�oz�:�vr�tt�n guideline or�
�' ���� � � �4 � , x ��• � � �����
' b i� � • :� s � deter�;�g,t�vhen ca'rireqtion
:l k � �,� i not�ces, �i�cam�`pru�ia� �it�, �
- ��� �� , S .; tions. . ,� _. , f . _
� �n:�a a �a �. . . �
�, , r� In
�' � C�lnthia Boyd covers Arden Hills,
-Y ` �,I i�.�,,{_,5 q�# ��r;.,��d i�.��ri��1��i�"�t�.' • � `,. %� �> � ':{}�,t �f " ��'`d1Eon Heights,�.d21[�81'C1Qj2� j�
�, BY TIM NELSON � �All �were ��� �� �� �`� � '"' �•� '
f�� ��-P,�on�er Press� �' ' rePate� � „ to � er(t on�financiat� ard from,the��� Mo��ds,View,]Ve�Brighton and���
;� ,v �� , ��� r � �' �state, wtiic�r is���itse]�facm �a1 ShQrevzew:She d� be reached at�� '�
�rli + -��,�,,, ��;<z� .�, �;,, all�ged�������code �,� ��� >budget��gap of�Tnoren h�a��$4�5 c��'py,tt@pione���s�s.coin or� � �
���x ,
rL St�Paul�o,ff'ic�als sa�cf�day�' violat�ons:� at�.:, y�iillion Kr�ikie��`�was'��':`i�nsu ' B� 2_s 211 s � � �
�'':�that the� rvould deci�del�nex� foyr S�. _Paul : � �;. , ,; jcessful`�'contetider �fo� tlie�� (1`�� � i;
-�i �:: ;.:. .
week yyh�t�,to;do abo�bxa.Ram-� propepties • ; `�Hot�se,�,<in�o�.t',y; Ie��er�pYQst` I
:usey County District .Cour� wher'e the.com �� � �:this fall ,'.., , � F . , � �
Z�tr d ge s r u I i n�t ha�-�he e�ty hact pany was work ` "I'm not out to seek' olitical i'
z,singled,ou��a Rep�tbhcan state ing. � ; ; Phil""�:' retaliation;,, I�rinkie'.said Fri- i;
��;legislatorforbuildu�g;code vio-.�{ , '�itz Knaak, Kr�nkie' day from West Virgiriia;x`yViiat
�r�lations. ; � '� , � :. I{ilnlde's � �.. Iseekis to do business without
,j� "We�us�:gat tlie order, and: lawyer,, had argued that'`��e undue;restraintfrom.the;city,"
�.�our office hasn't fully digested company had suffered "selec- _ ' But he did say that he felt
�,;it;"said City Attorney Manuel tive prosecution" because:ttie �the case was "politically.moti- �
i;;,Cervantes "But we adamantly legis.lator had proposed a'bill vated"`and that he might con- !
�5argued that tlus yvasn't selec all2wi�g private contractor�;to sider c�l act�on agamst the;
ritive.enforce�eu�, andr we sia11 supstitute for city inspec�Qr``��'�' `�y'��,�p ' < 1�r� �,��� -
vibelieve�th �`" � �� ; r ,_. � ,�a,��rc�i � � '°;3�h r •
� � - � e ,sm � '�� -���" f' .�, '
. ��;se�sitive political issue��in;S�c ;�k�Cervan�e$ .and other ci
Judge Edward Cleary dis- Paul, dating back a��leas��o�fs'bffipt�is��yVill meet Monday o;'
;fmissed more than a half dozen former Mayor Norm Coleriian's`_h�alk.about their opt�oris,wluch
-^ci'iminal:citations against.Rep. "Compete St. Paul" privatiza- "mav in`r.l„�P a„na��;,,,.. ��.,.
.�Dt.il v__i_..:;� ,._... .: :. ... ,
� � �
�' s�' �^' �o� � . F--
�. O � e
�a � ma �� Z � Q '
J 0 � "�' A K q � � �
-y m
N � �m � �� � C.i �
g o � m � �' a'— Ci( O � s�.�
r+'r �' .� .�'� 6{ � G7 � -� �
9,�C���� C C7 C:
b t� C ()
0
� � _ �"� �.m t � o � ;"�
. �C� V @ m ` LTri � � � �
W N C°o� �� � C � . .r-� /t
� ,��. � �.^-..O''� ce .� � � "�
� w �,�w� m � r � �
.� = 3 �
t+u .c � � � r* r.:
N �.+ . �' fl� � Y. Z
N � �t � ^� � � {�
� N i � � r{ F+�,'- � L
� N'�' .� Z� p � "�j ! Q tii
� � „ � � � �� � � �
r • � �`'-' i � � � ° � (p N
• � � � � (� �� � a � r$ N� D
v�", � � �� � i�5► m i � '�; � f U � �
N � � .� rt � � � �-
� ,� � � � a � � Q
� � � �-i� ,�, �` m ' `l� Q� � � �
. h�1N � !. � �- � � n
� � � � � N � �
� c, CA {n �� ,,.�„ n (A
�I1 � � � r i ��
� m , a aa �, _• tD
� � � � �z-�,�€�. � � ; � � �
� � -n I (D
'�' o^�i � � _ c� a p � � fD
� � "` / r�n � xi • • Q ,_+
� w I� .Q- � �c9 f � � � �. �
� ; , i � a ttj � � r z �' � � tGZ
.r t�,., ..�
� � ` � � � � Q f/�
� ��y a
� ^.�� � V 1+. � �sZl�A�r C 7�
. � � I a �
� � • � � , �_ .o , �,' � Q.
�. . � �, ��� � �
� o�o , j � ��'c�a � �- �
� �../ � n
^ F H
�
�, d4� t, , m �' ��� . � z � �
� . � � u�- � �� � ¢ 7C' �
m •
� � : o � 0 Q
c,? , m � �1"1`tJttt�t., �---'� , � O
� � ` � a ' '�� � � � N
� �
�i � =`�� � "� �
� T � � ,��c � �
� � ,':: ' � �a'7 � • �`" ��n �
� �{ lh ..!r�,^1�47 �'{�,� i � ,� � � 1�. ,V �
�y "� ' �p ��� �.�-r 1 �J p �r�,�3 FCi � r'�i• �S
�' +'T � f� ��.-.8t "'� d f'�t C1 ' �C^4 � n
� "Gt p �' �ff D �' ^ ('"Of� 3 Z•a�.r� • - �
W '� � �m'��N W. �.. � i5 k��
S�' � ' m 0 �m ��� � � �
(�,► (� � � �.
•� ��:r � � �^ •
� i1'f N .�'�" ' G�J � iW.� ��� �
�'"+ wf' " G iD C1 G rl •
� n ��� ��i d
� �y y� ��.�O�m �'O .-U'
W VJ ,> � � G � � �
� � W ' � � .��r .
�' ?
W `C
, � �P
��� �
_ � ��_�
;_.
� � n ,� � w._. � _
� _� ,,, .�
_ ..
� �
�
r. - � -
" ��� ��; � :�����- �. :��_ - �,>
, � ��
�,., �
. �- �.�� � �M . �
� �� � _
' ���" '
�..
�� �
- ���".°
��� ��.� ��-���
r —
�`' �,
j j.r
� .,y., ,?,_ � .:.; .�..,, , "_ -
,
t .-
� � � ��
�v� ,,. � - ,,.
`�- � �. ,: ,v._ .. •" � `+s.
'v �a� ;::� , _.,- _' �;�`+:�� .gm°�'..��Y'
.rv.� �:�, ' ��� ,� ��
��:
.,..�_ , �_ .
i ,`
,: �
�� .. ',. .s _: � � „.
_ "F,: '^'s t"
„
�,, �
,� � ' � $�'�t §
r,
- , . �, _�,;; .,, �.
,� •= ' �n �� ' " =
., .:� .. .� . ,-.w, ,. � . � �^� � � #„q�-�,> �s
� � t l ' „# � �^�f�� � 3.
�� ��.��� � . � .���� �� �.
._. ,� � , � �:,
�, �- � � �� . �
� � "��
- ,:f� � .' � '�^-�'-�'.���. � . � ''"'�
��a,��,� ����
�
�- � �; ��� �� ��`���_
� ��-��'� � ��� -�x �_�,��
����'� �"� ��
��:,; a
�� ,:
�,
t
�<'
�.�.
���' ��
r �'�€�
�
-
�'�����-_ �'" �
� � � "�� � '. ���.. � ":= -
�
.y� �;�t � k:
�� � �'`
��� ' ����,..'":.;'�.' �f� ��.;
�£
� ,a -, .�r =�- - , � .�.;�.y.�._ : ,:: _..._._.._1__.� ._.
.'-� _--"-_`--' -�-`--- . ; .
I i I�II�I� • • • �� `
�
.�,
, ,
� .
� � y y �
� y � .
Y��� ��� _ .��.� � � . ���. �!iF�x�, -
, ,
� o, .� � ,�
� �� U
.,,�
� �— � � t '�� p �','l�fi
`,, ��� �-� �� `
�--�..-«-
�`.+ ��s. ��,:'
,,-.
,. .
�
�, ,
• ,
� ,_ ,
�. •s � � � �
��., y �I .�s 9 _,. 4 Y.
Y r� t�'�"
:
' ^ �r
�..:�� 'F. , ' . �.,�
h,a" �5� � '^ .
. �_ , 4�� �� � � ��
. . .,: " . �`s,"b . 'q:,�. ,.+'�y � . -'� - , � �:.
s -
�, 1 �
r . 2 �
1: �c�` 3- z-- ., �,- �.�� ')
'� �;�,.� ���_,�--��;;" . �.. � ` � � �; ��
'� I ``o � Y : �`'^~' i
...
► �..-.� � , ,
- y � �� y '� �.� ��
� , � . � ..-. ,� . a
y �
�
; r. �
.. �� .C+-.. _` �Y
. _� ,. �-- Y :
d.
...
» t..��._ .. .,, ,� . . :
�.,- �. . � _�� . � ��
.. . � .� : _ '�'�'�'. � x�.
-, . �-� . - �� ��, �.�� � ��,�
� . . , . � . .. 4 �,
��
.�,_; _
_� �� , ^` ���������"�; �'"����� ������ �
ti �� y'�.:., y: , :�, .- ,: . �..� :r� � .,.3
. s..�, � -' _