HomeMy WebLinkAbout2013-04-17 MINUTES
COTTAGE GROVE CITY COUNCIL
City of Cottage Grove, Minnesota
Regular Meeting
April 17, 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 at 7:30 p.m.
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; Sarah
Sonsalla, 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.
Gary Kjellberg, 7389 Inman Avenue South, Cottage Grove, addressed the City Council
on the winder parking regulations and requested that the City Council not revise the
existing ordinance.
Mayor Bailey closed Open Forum to the Regular Meeting.
CALL TO ORDER – Regular Meeting
The City Council of the City of Cottage Grove, Washington County, Minnesota, held a
Regular Meeting on April 17, 2013 at the Cottage Grove City Hall, 12800 Ravine
Parkway, Cottage Grove. Mayor Bailey called the meeting to order at 7:30 p.m.
PLEDGE OF ALLEGIANCE
The audience, staff and the Mayor and City Council Members pledged allegiance to the
flag of the United States of America.
ROLL CALL
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April 17, 2013 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; Sarah
Sonsalla, 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.
1. ADOPTION OF AGENDA
MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER
OLSEN, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 5-0.
2. PRESENTATIONS
A. Volunteer Police Reserve Officer.
The Mayor and City Council Members recognized Dave Larson for his 15
years of service to the City of Cottage Grove as a volunteer police reserve
officer and presented him with a plaque in recognition of that
volunteerism.
B. Citizen Life Saving Awards
The Mayor and City Council Members presented the Citizen Life Saving
Award to Christopher Donohoe, Matthew Labine, and Roger Gibney.
Without hesitation, they went to the aid of a vehicle crash victim who was
not getting out of his car and removed him and his companion animal
moments before the entire car became engulfed in flames.
C. Eagle Scout Award
The Mayor and City Council Members presented a plaque to Brian Buckner
of Boy Scout Troop 55 in recognition for achieving his Eagle Scout Award.
3. APPROVAL OF MINUTES
A.February 20, 2013 Special Meeting
Mayor Bailey declared the minutes of the February 20, 2013 Special
Meeting to stand approved as presented.
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April 17, 2013 Regular Meeting
B.March 6, 2013 Regular Meeting
Mayor Bailey declared the minutes of the March 6, 2013 Regular Meeting
to stand approved as presented.
C.March 20, 2013 Special Meeting
Mayor Bailey declared the minutes of the March 20, 2013 Special Meeting
to stand approved as presented.
D.March 20, 2013 Regular Meeting
Mayor Bailey declared the minutes of the March 20, 2013 Regular Meeting
to stand approved as presented.
E.March 23, 2013 Special Meeting
Mayor Bailey declared the minutes of the March 23, 2013 Special Meeting
to stand approved as presented.
4. CONSENT CALENDAR
The Mayor and City Council Members pulled items U, H, and V for discussion
purposes. Items R and S were pulled for separate votes.
Council Member Thiede pulled item S for a separate vote and asked the Mayor
and City Council Members if they wanted to talk about this now or if we should
wait until everything else is addressed.
Mayor Bailey stated that we can talk about this now and then we can pull it off
the consent calendar for a separate vote.
Council Member Thiede discussed the request to purchase a new 2014 Isuzu with
a six yard side loader in the amount of approximately $95,000. He commented
on the annual maintenance costs for the existing truck and the estimated sale
price of approximately $25,000 which would bring the truck’s net cost down to
$67,000. He stated that we should delay purchasing the truck to see what kind
of market there is for our existing truck, and instead of buying this at the
beginning of the year that maybe we should do so at the end of the year
because this unit is only being used from May through November.
Mayor Bailey stated that we will finish going through the items on the Consent
Calendar and then at the end he would look for a motion to approve the Consent
Calendar minus the ones where we will do a separate vote.
Council Member Lehrke stated that he would like to pull item R from the
calendar.
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April 17, 2013 Regular Meeting
Council Member Olsen publicly recognized the Cottage Grove Crime Board who
donated $2,288.80 for a speed trailer and fitness equipment for the Public Safety
Department; $200.00 from Alerus Financial for the Public Safety Fire Division;
and $500 from the Cottage Grove Lions Club for fitness equipment, thanking all
for their generous donations.
Council Member Olsen read aloud item V, the resolution proclaiming the week of
April 21-27 as Volunteer Recognition Week in the City of Cottage Grove.
Mayor Bailey read aloud item R, a Resolution recommending that Mr. Jack Lavold
be appointed to the Cottage Grove Charter Commission.
Council Member Lehrke recommended that the Resolution be amended. In the
sixth WHEREAS, amend it to read: WHEREAS, in accordance with Minnesota
Statute 410.05, Subd. 2, the City Council of the City of Cottage Grove shall make
the appointment if the Chief Judge either has not made an appointment within
30 days of notice of an opening or has not notified the City of the Chief Judge’s
intent to make such an appointment;” He also suggested deleting the seventh
WHEREAS and with the City Attorney’s recommendation, he would not change
the paragraph starting with NOW, THEREFORE, BE IT RESOLVED… but if it needs
to be corrected he would defer that to her.
Council Member Lehrke stated that he wants to make it clear that the reason we
are making this appointment is because the Judge didn’t.
City Attorney Heine stated that if the Council as a whole agrees with those
changes by consensus then you could simply vote on the matter as amended.
Otherwise you would vote on the amendment separately then assuming it
passes, you would vote on the main motion as amended or if it failed then you
just vote on the main motion.
Mayor Bailey stated that we should just pull the Resolution for a separate vote.
Council Member Lehrke commented that we will do it afterwards and so he is
going to tip the City Attorney off, the reason he had the issue with the
“therefore” is that it says that what we are doing is making a recommendation to
the Chief Judge. What the statute says is that the appointments shall be made
by order filed to the Court Administrator. Is the wording sufficient or do we have
to change it.
MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER
THIEDE. TO APPROVE THE CONSENT CALENDAR EXCEPT FOR ITEMS R AND S,
WHICH WOULD BE VOTED ON SEPARATELY:
A.ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES:
i.PUBLIC SAFETY, HEALTH AND WELFARE COMMISSION JANUARY
15, 2013 AND FEBRUARY 19, 2013 MEETINGS.
ii.PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION
FEBRUARY 11, 2013 MEETING.
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April 17, 2013 Regular Meeting
B. APPROVE THE APPOINTMENT OF KENT GRIFFITH AND KELLIE EIGENHEER
TO THE PUBLIC SAFETY, HEALTH, AND WELFARE COMMISSION FOR
TERMS ENDING FEBRUARY 28, 2015.
C. AUTHORIZE THE ISSUANCE OF A TEMPORARY “ON SALE” INTOXICATING
LIQUOR LICENSE TO THE ST. PAUL PARK/NEWPORT LIONS CLUB AT
KINGSTON PARK ON JUNE 14 AND 15, 2013, AND AT LAMAR PARK ON
JUNE 15, 2013 IN CONJUNCTION WITH THE STRAWBERRY FEST.
D. AUTHORIZE ISSUANCE OF A SINGLE-OCCASION GAMBLING PERMIT TO
THE PHOENIX RESIDENCE TO CONDUCT A RAFFLE AT RIVER OAKS GOLF
COURSE ON JUNE 10, 2013.
E. ADOPT RESOLUTION NO. 2013-043, A RESOLUTION RECOGNIZING
$6,988.80 IN DONATIONS RECEIVED BETWEEN JANUARY 1 AND MARCH
31, 2013 FROM THE FOLLOWING DONARS:
i.COTTAGE GROVE CRIME PREVENTION BOARD - $6,288.80 FOR
SPEED TRAILER AND FITNESS EQUIPMENT.
ii.ALERUS FINANCIAL ON BEHALF OF JAMES ORVATH AND JON
PLESKI - $200.00 FOR PUBLIC SAFETY/FIRE DEPARTMENT.
iii.COTTAGE GROVE LIONS CLUB - $500.00 FOR FITNESS
EQUIPMENT.
F. APPROVE THE REQUEST FOR PROPOSAL FOR GENERAL LEGAL SERVICES.
G. APPROVE THE APPOINTMENT OF GARY KJELLBERG TO THE PARKS,
RECREATION, AND NATURAL RESOURCES COMMISSION FOR A TERM
ENDING FEBRUARY 28, 2015.
H. ADOPT RESOLUTION NO. 2013-044, A RESOLUTION APPROVING AN
INTERFUND LOAN TO THE RIVER OAKS GOLF COURSE.
ADOPT RESOLUTION NO. 2013-045, A RESOLUTION CLOSING FUNDS
485, 564, AND 565 FOR 2012.
I. ADOPT RESOLUTION NO. 2013-046, A RESOLUTION APPROVING A
VARIANCE TO ALLOW METAL WALL PANELS ON THE EXTERIOUR OF 3M
BUILDING 143 THAT WILL MATCH THE COLORS AND STYLE OF EXISTING
BUILDINGS ON THE SITE.
J. APPROVE THE APPOINTMENT OF JIM ROSTAD AS CAIR OF THE PLANNING
COMMISSION.
K. ADOPT RESOLUTION NO. 2013-046.1, A RESOLUTION AWARDING THE
2013 POND IMPROVEMENT AND SEDIMENT REMOVAL PROJECT TO THE
LOWEST ACCEPTED QUOTE SUPPLIED BY RUMPCA EXCAVATING IN THE
AMOUNT OF $62,580.00.
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April 17, 2013 Regular Meeting
L. APPROVE THE APPOINTMENT OF THADDEUS OWEN AS CHAIR OF THE
ENVIRONMENTAL COMMISSION.
M. APPROVE THE APPOINTMENT OF PETER BLACK TO THE PUBLIC WORKS
COMMISSION FOR A TERM TO EXPIRE FEBRUARY 28, 2015.
N. ADOPT RESOLUTION NO. 2013-047, A RESOLUTION APPROVING THE
PLANS AND SPECIFICATIONS AND ESTABLISHING A BID DATE OF MAY
23, 2013 FOR THE HINTON AVENUE SOUTH RECLAMATIONI PROJECT –
THTH
80 STREET TO 70 STREET.
O. APPROVE THE SUSTAINABLE CITY AWARDS PROGRAM TO RECOGNIZE
BUSINESSES, ORGANIZATIONS, AND INDIVIDUALS IN THE COMMUNITY
WHO ARE PROVIDING INNOVATIVE PROGRAMS AND SUSTAINABLE
PRACTICES AND DEMONSTRATING ENVIRONMENTAL LEADERSHIP.
P. APPROVE THE SOUTH WASHINGTON WATERSHED DISTRICT CCIP GRANT
AGREEMENTS FOR THE COTTAGE GROVE PUBLIC WORKS FACILITY AND
THE COTTAGE GROVE MIDDLE SCHOOL IN THE AMOUNT OF $68,130.
Q. AUTHORIZE STAFF TO REQUEST STATE FUNDING TO SUPPORT THE
DESIGN AND CONSTRUCTION OF A PUBLIC SAFETY TRAINING FACILITY
NOT TO EXCEED $7,000,000.
R. PULLED FROM CONSENT CALENDAR FOR A SEPARATE VOTE.
S. PULLED FROM CONSENT CALENDAR FOR A SEPARATE VOTE.
T. APPROVE THE PURCHASE OF A TYMCO MODEL 600 REGENERATIVE AIR
SWEEPER FROM ENVIRONMENTAL EQUIPMENT AND SERVICE, INC., FOR
THE TOTAL PURCHASE PRICE OF $204,154.33. THE COST WILL BE
REDUCED TO $132,700.32 UPON RECEIPT OF $71,454 COST SHARING
FROM THE SOUTH WASHINGTON WATERSHED DISTRICT.
U. ADOPT RESOLUTION NO. 2013-048, A RESOLUTION AUTHORIZING STAFF
TO SUBMIT A GRANT APPLICATION TO THE MINNESOTA DEPARTMENT OF
TRANSPORTATION (MNDOT) FOR THE 2013 TRANSPORTATION
ECONOMIC DEVELOPMENT (TED) GRANT PROGRAM IN ORDER TO
SOLICIT $7,000,000 IN FUNDING FOR THE TRUNK HIGHWAY 61/CSAH 19
INTERCHANGE IMPROVEMENT PROJECT.
V. ADOPT RESOLUTION NO. 2013-049, A RESOLUTION PROCLAIMING THE
WEEK OF APRIL 21-27, 2013 AS VOLUNTEER RECOGNITION WEEK IN THE
CITY OF COTTAGE GROVE.
W. ADOPT RESOLUTION NO. 2013-050, A RESOLUTION ADOPTING A
RESOLUTION AUTHORIZING EXECUTION OF A JOINT POWERS
AGREEMENT BETWEEN THE STATE OF MINNESOTA ACTING THROUGH ITS
COMMISSIONER OF NATURAL RESOURCES AND THE CITY OF COTTAGE
GROVE FOR A FISHING PIER ON HIDDEN VALLEY POND.
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April 17, 2013 Regular Meeting
X. APPROVE THE APPOINTMENT OF MICHAEL SMITH TO THE PUBLIC WORKS
COMMISSION FOR A TERM TO EXPIRE FEBRUARY 28, 2015.
MOTIONCARRIED.5-0.
MOTION TO CONSIDER THE PURCHASE OF ONE NEW 2014 ISUZU WITH A NEW
WAY 6-YARD SIDE LOADER FROM KOENIG & SONS EQUIPMENT FOR A TOTAL
PURCHASE PRICE OF $94,478.12.
MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER
PETERSON, TO APPROVE THE PURCHASE OF A NEW 2014 ISUZU WITH A NEW
WAY 6-YARD SIDE LOADER FROM KOENIG & SONS EQUIPMENT FOR A TOTAL
PURCHASE PRICE OF $94,478.12, AS RECOMMENDED.
Council Member Thiede commented that at this time he did not feel that the
justification was there to purchase the new truck when the existing one, while it
has fairly high maintenance costs, was still operating.
Council Member Lehrke stated that he was wondering what resolution would
work. Do you see a benefit to having the Planning Commission review the
request?
Mayor Bailey stated that he appreciates what you are trying to do as far as
saving some money, but if the need is there, and it is something that has been
defined as a need, he would be more concerned about what would happen if the
existing truck goes down and we would be without one. Then we would have to
figure out something else. If he recalls, the reason we purchased the truck was
due to the number of employees getting back problems lifting barrels. He would
be in favor of the motion on the table.
Council Member Peterson asked whether there would be an opportunity to rent
out the truck to other municipalities, the School District or Washington County.
Administrator Schroeder stated that it was his understanding that the potential
buyer of the existing truck is probably a public sector entity because trucks of
this sort are not readily available. They are either new or they are significantly
used. The organizations that need this sort of vehicle are those such as ourselves
that have trail systems.
City Administrator Schroeder stated that we would use this truck about three
days a week and then periodically for other events as well. The window of
opportunity to lease it out would be relatively small.
Mayor Bailey stated that what he would like to do if the Council is so inclined is
come back at a later date if this motion passes then it is something you
understand we want to take a look at. Secondly, should this motion pass he
would be interested to see what the actual trade-in value would be on the old
truck.
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April 17, 2013 Regular Meeting
City Administrator Schroeder clarified that it would not be a trade in, it would be
a sale.
MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER
THIEDE, TO AMEND THE ORIGINAL MOTION TO HAVE THE PURCHASE
REVIEWED AND RECOMMENDED BY THE PUBLIC WORKS COMMISSION. UPON
VOTE BEING TAKEN ON THE AMENDMENT, MOTION FAILED 3-2 WITH COUNCIL
MEMBER PETERSON, COUNCIL MEMBER OLSEN, AND MAYOR BAILEY VOTING
AYE.
UPON VOTE BEING TAKEN ON THE ORIGINAL MOTION AS AMENDED, MOTION
CARRIED. 3-2 WITH COUNCIL MEMBER PETERSON, COUNCIL MEMBER OLSEN,
AND MAYOR BAILEY VOTING AYE.
R. Consider the Appointment of Jack Lavold to the Charter Commission.
MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER
OLSEN, TO ADOPT RESOLUTION NO. 2013-XXX, A RESOLUTION
RECOMMENDING MR. JACK LAVOLD FOR APPOINTMENT TO THE COTTAGE
GROVE CHARTER COMMISSION, AMENDNG THE SIXTH WHEREAS TO READ: THE
CHIEF JUDGE HAS FAILED TO MAKE THE APPOINTMENT WITHIN 30 DAYS OF
NOTICE AND OPENING AFTER WHICH THE CITY COUNCIL OF THE CITY OF
COTTAGE GROVE SHALL ORDER THE APPOINTMENT TO THE JUDGE; TO DELETE
THE SEVENTH WHEREAS; AND TO AMEND THE LAST PARAGRAPH TO READ:
NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
COTTAGE GROVE THAT THE CITY COUNCIL HEREBY APPOINTS JACK LAVOLD TO
THE COTTAGE GROVE CHARTER COMMISSION FOR A TERM EXPIRING MARCH 9,
2016 AND REQUESTS THAT THE CHIEF JUDGE OF THE TENTH JUDICIAL
DISTRICT ISSUE AN ORDER MAKING THAT APPOINTMENT AS RECOMMENDED BY
THE CITY ATTORNEY. 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 – None.
9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS –
None.
10. COUNCIL COMMENTS AND REQUESTS
Council Member Olsen announced that the annual Spring-Up Day at 8635 West
Point Douglas Road is May 4. He noted that there was a misprint in the utility bill
where it stated that the event would be held at 12800 Ravine Parkway.
Council Member thanked Paramedics Kristen Shannon, Devon Radtke, and Police
Officer/Paramedic Jordon Ziebarth for assisting his uncle who was involved in an
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April 17, 2013 Regular Meeting
automobile accident and was treated by the three individuals.
Council Member Peterson stated that the Stone Soup Soup-er Bowl is April 27
and the next Fare for All grocery buying opportunity is May 18.
Council Member Lehrke reminded citizens that the Environmental Center on
Cottage Grove Drive in Woodbury takes environmental products all year around.
The Mayor and City Council discussed the complaints they have received recently
on gas prices in Cottage Grove. The citizens were encouraged to register their
complaints with the gas station companies and not the employees working in the
stores.
Mayor Bailey stated that after driving through to different restaurants and
different shopping places in Cottage Grove he just about lost his car in very large
pot hole. They were located on private property and at private businesses. He
asked staff to provide the City Council with an update on what the ordinance
states, what the process would be to bring particular businesses up to Code. He
asked whether Senior Planner Burbank and/or Emily Schmitz, Code Enforcement
Officer, could attend an upcoming meeting.
MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER
LEHRKE, TO INVITE THE APPROPRIATE STAFF TO ATTEND AN UPCOMING
MEETING TO PROVIDE AN UPDATE ON THE CONDITION OF PARKING LOTS
LOCATED ON PRIVATE PROPERTY AND THE REMEDY. MOTION CARRIED. 5-0.
Mayor Bailey thanked City Attorney Corrine Heine for her approximately 15 years
of service to the community and wished her success at her new position working
at the City of Minnetonka. He noted that the City will go through an RFP process
to fill the position.
11. PAY BILLS
MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER
PETERSON, TO APPROVE PAYMENT OF CHECK NUMBERS 180940 THROUGH
181132 TOTALING $571,800.78 AND EFT PAYMENT OF $137,288.88.
Council Member Thiede noticed that in the list of bills there is a Load King Trailer
Patcher unit for $65,866, and he asked if this was something that came through
the City Council.
City Administrator confirmed that it was a consent calendar item and stated that
he would confirm that through an email response.
UPON VOTE BEING TAKEN, MOTION CARRIED. 5-0.
12. WORKSHOP SESSION – OPEN TO PUBLIC – None.
13. WORKSHOP SESSION – CLOSED TO PUBLIC – None.
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April 17, 2013 Regular Meeting
ADJOURNMENT
MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON,
TO ADJOURN THE REGULAR MEETING AT 8:40 P.M. MOTION CARRIED. 5-0.
Prepared by,
Caron M. Stransky
City Clerk