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Home My WebLink About2013-06-19 PACKET 03.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM #� DATE 6/19/2013 . . PREPARED BY: City Clerk Caron Stransky ORIGINATING DEPARTMENT DEPARTMENT HEAD **************************************�********* COUNCIL ACTION REQUEST May 15, 2013 City Council Regular Meeting Minute Approval. . � :_ •►�►�_►�= •► Approve the draft meeting minutes. SUPPORTING DOCUMENTS ❑ MEMO/LETTER: ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Draft meeting minutes. ADMINISTRATORS COMMENTS � /�f� ity Administrator Date ********************************�**�*��********* COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER H:\nbelscamper\Templates\City Council�Action Form.doc � �� 0d �r�� p��P�s4�y M��t Cottage Grove City Council City of Cottage Grove, Minnesota Regular Meeting May 15, 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, 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; Sarah Sonsalla, City Attorney-Kennedy & Graven; ]ennifer 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. There being none, 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 May 15, 2013 at the Cottage Grove City Hall, 12800 Ravine Parkway. 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 Counci) Member Dave Thiede. CITY OF COTfAGE GROVE • 12800 Ravine Parkway • Cottage Grove, Minnesota 55016 www.cottage-grove.org • 651-458-2800 • Fax 651-458-2897 • Equa) Opportunity Employer Cottage Grove City Council I� May 15, 2013 Regular Meeting The following were absent: None. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; 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 Mayor Bailey asked the City Council to amend the agenda by moving Item 2.B as 2.A. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED. 5-0. 2. PRESENTATIONS A. Cottage Grove Charter Commission Karla Bigham, Chair of the Cottage Grove Charter Commission, provided an update on the Commission's activities this past year and introduced the Commission's Vice-Chair, Tony Jurgens who was in attendance. She stated that at the April Charter Commission meeting, they voted 10-3 not to draft a City Charter. They did file the necessary paperwork with the District ]udge and the City Clerk. The Commission will get together in November to prepare an Annual Report. There was a motion to disband the Commission but they decided to keep the Commission together until they finalize their Annual Report in November. Chair Bigham thanked the Commission, Staff, and guest speakers who came to their meetings. She commented that there was a consistent theme during the year that dealt with the way that the Public Safety/City Hall facility was presented and unveiled to the public. She suggested that the City come up with a process that the public can follow when big projects are proposed, something a little more transparent. B. 2012 Comprehensive Annual Financial Report Rachel Flanders and Heidi Tatro of CliftonLarsonAllen presented the 2012 Comprehensive Annual Financial Report. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCI� MEMBER PETERSON, TO ACCEPT THE 2012 COMPREHENSIVE ANNUAL FINANCIAL REPORT. MOTION CARRIED. 5-0. 3. APPROVAL OF MINUTES Cottage Grove City Council I� May 15, 2013 Regular Meeting A. April 3, 2013 Regular Meeting Minutes Mayor Bailey accepted the minutes of the April 3, 2013 Regular Meeting Minutes as presented. B. April 17, 2013 Regular Meeting Minutes Mayor Bailey accepted the minutes of the April 17, 2013 Regular Meeting Minutes as presented. 4. CONSENT CALENDAR The City Council pulled items C, G, and O from the consent calendar for discussion and Council Member Lehrke removed item M for a separate vote. MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER OLSEN, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: NONE SUBMITTED. B. ADOPT RESOLUTION NO. 2013-056, A RESOLUTION RETURNING $735,000 TO THE WATER, SEWER, CLOSED DEBT, AND COMPLETED CONSTRUCTION FUNDS IN THE AMOUNTS IDENTIFID, REDUCING THE BALANCE OF THE PUBLIC SAFETY/CITY HALL FACILITY PROJECT INTERFUND LOAN TO $9,165,000. C. ADOPT RESOLUTION NO. 2013-057, A RESOLUTION PROCLAIMING MAY 19 THROUGH MAY 25, 2013 AS °EMERGENCY MEDICAL SERVICES WEEK" IN THE CITY OF COTTAGE GROVE. D. APPROVE THE PURCHASE OF ONE NEW REPLACEMENT PICKUP TRUCK FROM MIDWAY FORD FOR THE FIRE DIVISION, IN THE AMOUNT OF $30,144.38, WITH THE REMAINING $6,855.62 TO BE ALLOCATED FOR EQUIPMENT, INSTALLATION, AND SETUP COSTS FOR THE NEW VEHICLE. E. ADOPT RESOLUTION NO. 2013-058, A RESOLUTION IDENTIFYING 10 PERFORMANCE BENCHMARKS FOR THE LOCAL PERFORMANCE MEASUREMENT PROGRAM FOR 2013. F. SCHEDULE A SPECIAL CITY COUNCIL MEETING FOR WEDNESDAY, JULY 31, 2013 AT THE DISTRICT PROGRAM CENTERTO CONDUCT A BUDGET WORKSHOP SESSION. G. ADOPT THE PROCLAMATION OBSERVING MAY 19 THROUGH MAY 25, 2013 AS °NATIONAL PUBLIC WORKS WEEK" IN THE CITY OF COTTAGE GROVE. H. AUTHORIZE THE SALE OF A 1985 FORD FIRE ENGINE BUILT BY CUSTOM FIRE APPARATUS ON E-BAY. � Cottage Grove City Council I^ May 15, 2013 Regular Meeting `f I. AUTHORIZE THE ISSUANCE OF A SINGLE-OCCASION GAMBLING PERMIT TO THE SOUTH WASHINGTON SENIOR CENTER FOR A RAFFLE ON OCTOBER 11, 2013 AT THE DISTRICT PROGRAM CENTER LOCATED AT 8400 EAST POINT DOUGLAS ROAD, COTTAGE GROVE. ADOPT RESOLUTION NO. 2013-059, A RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF TRANSPORTATION FOR THE 2013 TRANSPORTATION INVESTMENT GENERATING ECONOMIC RECOVERY (TIGER) GRANT PROGRAM IN ORDER TO SOLICIT $7 MILLION IN FUNDING FOR THE TRUNK HIGHWAY 61/CSAH 19 INTERCHANGE IMPROVEMENT PROJECT. K. APPROVE THE DEVELOPMENT AGREEMENT WITH MERIDIAN LAND HOLDINGS FOR THE CONSTRUCTION OF THE PUBLIC AND PRIVATE IMPROVEMENTS WITHIN THE MISSISSIPPI DUNES ESTATES FOURTH ADDITION AND AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN THE DEVELOPMENT AGREEMENT. L. PASS ORDINANCE NO. 914, AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING TITLE 11-4-9, MOTOR VEHICLE SALES AND LEASING, AND TITLE 11-11-2, PERMIl AND CONDITIONAL USES OF THE COTfGE GROVE CITY CODES RELATING TO LIMITED AUTOMOTIVE SALES IN AN ACCESSORY USE. ADOPT RESOLUTION NO. 2013-060, A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 914 BY TITLE AND SUMMARY. u :_u• -� •: -'=�= - • - N. ADOPT RESOLUTION NO. 2013-061, A RESOLUTION AUTHORIZING THE PREPARATION OF A FEASIBILITY REPORT FOR THE JAMAICA AVENUE, 70 STREET TO MILITARY ROAD IMPROVEMENT PROJECT. O. ACCEPT THE 2012 ASSISTANCE TO FIREFIGHTERS GRANT (AFG) AWARD IN THE AMOUNT OF $224,930. P. ADOPT RESOLUTION NO. 2013-062, A RESOLUTION DESIGNATING MAY 18, 2013 AS "STANDING STRONG DAY" IN THE CITY OF COTTAGE GROVE. MOTION CARRIED. 5-0. M. Consider Approving the Xcel Energy Contracts for Undergrounding Electric Lines on East Point Douglas Road with the Estimated Cost of $117,491.83 and for 70 Street South with the Estimated Cost of $48,672.35. Council Member Thiede stated that he would like to vote on the two projects separately. He stated that right now he is just concerned about the 70 Street Project. Cottage Grove City Council I� May 15, 2013 Regular Meeting MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER OLSEN, TO APPROVE THE EAST POINT DOUGLAS UNDERGROUNDING PROJECT AS PRESENTED. MOTION CARRIED 4-1 WITH COUNCIL MEMBER LEHRKE VOTING NAY. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER LEHRKE, TO TABLE THE 70 STREET UNDERGROUNDING PROJECT AND TO SCHEDULE A SPECIAL MEETING WITH XCEL TO DISCUSS THE COSTS. THE CITY CLERK CONDUCTED A ROLL CALL VOTE: MAYOR BAILEY VOTED NAY; COUNCIL MEMBER PETERSON VOTED NAY; COUNCIL MEMBER OLSEN VOTED NAY; COUNCIL MEMBER THIEDE VOTED AYE; AND COUNCIL MEMBER LEHRKE VOTED AYE. MOTION CARRIED. 3-2 WITH COUNCIL MEMBER THIEDE AND COUNCIL MEMBER LEHRKE VOTING NAY. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER OLSEN, TO APPROVE THE 70 STREET UNDERGROUNDING P ROJ ECT. THE CITY CLERK CONDUCTED A ROLL CALL VOTE: MAYOR BAILEY VOTED AYE; COUNCIL MEMBER PETERSON VOTED AYE; COUNCIL MEMBER OLSEN VOTED AYE; COUNCIL MEMBER THIEDE VOTED NAY; AND COUNCIL MEMBER LEHRKE VOTED NAY. MOTION CARRIED 3-2 WITH COUNCIL MEMBER THIEDE AND COUNCIL MEMBER LEHRKE VOTING NAY. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER OLSEN, THAT WE UTILIZE THE CFRS PROGRAM. MOTION CARRIED. 4-1 WITH COUNCIL MEMBER LEHRKE VOTING NAY. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES - None. 6. PUBLIC HEARINGS - None. 7. BID AWARDS - None. 8. UNFINISHED AND NEW BUSINESS A. Consider Poultry/Fowl Policx Senior Planner gave a presentation on the meeting held by the Public Safety, Health, and Welfare Commission to discuss the City's poultry/fowl policy. Overall, the Commission recommends that there not be a requirement of lowering or amending the City Ordinance to allow chickens or ducks in the backyards of residential properties. The Commission also discussed whether to change the definition of a pet, whether we should allow chickens and ducks as a household pet and they recommended that Cottage Grove City Council I G May 15, 2013 Regular Meeting V there not be a change to that definition. They commented that the household pet be an animal housed in the house and they did not feel it would be appropriate to have these kind of animals in the house. By a 7-0 vote the Commission recommended that there be no change to the pet definition. The Commission voted to not amend the City Ordinance at this time. Bob Burtman, 9476 Harkness Court South, Cottage Grove, recommended that the City Council amend the City Ordinances to allow him to maintain his ducks at his residence. People should be allowed to have these animals, they are not a nuisance, and they are played with, and bathed. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO AMEND THE CITY CODE AND REDUCE THE MINIMUM LOT SIZE FROM FIVE TO THREE ACRES WITH A 100 FOOT SETBACK AND TO DIRECT STAFF PREPARE A LIST OF PERFORMANCE STANDARDS ON COOP SIZES, BUILDING PERMIT REQUIREMENTS, AND OTHER PERTINANT PERMITfING TO ENGAGE IN THIS ACTIVITY. MOTION BY COUNCIL MEMBER LEHRKE TO AMEND THE MOTION TO START A PET PILOT PROGRAM FOR THE FIRST 10 PROPERTIES AND TO REVISIT IT IN ONE YEAR OR WHEN THERE ARE COMPLAINTS. MOTION FAILED FOR LACK OF A SECOND. UPON VOTE BEING TAKEN ON THE ORIGINAL MOTION, MOTION CARRIED. 4-1 WITH COUNCIL MEMBER LEHRKE VOTING NAY. MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER OLSEN, TO RECONSIDER THE MOTION. MOTION CARRIED. 5-0. MOTION BY COUNCIL MEMBER OLSON, SECONDED BY COUNCILMEMBER THIEDE, TO AMEND THE CITY CODE AND REDUCE THE MINIMUM LOT SIZE FROM FIVE TO THREE ACRES WITH A 100 FOOT SETBACK AND TO DIRECT STAFF PREPARE A LIST OF PERFORMANCE STANDARDS ON COOP SIZES, BUILDING PERMIT REQUIREMENTS, AND OTHER PERTINANT PERMITTING TO ENGAGE IN THIS ACTIVITY. MOTION CARRIED. 5-0. B. (1) Consider Grantina a Variance Reducinq the 35-foot Minimum Rear Yard Setback to 22 feet to Allow a Principal Structure at 7675 Hyde Avenue South, Cottaae Grove and (2) to Consider Granting a Variance Reducing the 30-foot Minimum Front Yard Setback to 20 feet to Allow a Principal Structure at 7679 Hyde Avenue South, Cottage Grove. Senior Planner McCool highlighted the two variance applications and the recommendations of the Planning Commission. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER LEHRKE, TO ADOPT RESOLUTION NO. 2013-062, A RESOLUTION GRANTING A VARIANCE TO REDUCE THE REQUIRED 35-FOOT REAR YARD SETBACK TO 22 FEET TO ALLOW CONSTRUCTION OF A HOUSE AT 7675 Cottage Grove City Council I� May 15, 2013 Regular Meeting HYDE AVENUE SOUTH, COTTAGE GROVE. MOTION CARRIED. 5-0. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO ADOPT RESOLUTION NO. 2013-063, A RESOLUTION GRANTING A VARIANCE TO REDUCE THE REQUIRED 30-FOOT FRONT YARD SETBACK TO 20 FEET TO ALLOW CONSTRSUCTION OF A HOUSE AT 7679 HYDE AVENUE SOUTH, COTTAGE GROVE. MOTION CARRIED. 5-0. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS — None. 10. COUNCIL COMMENTS AND REOUESTS Mayor Bailey stated that he just received a text message from a citizen that says that construction workers were still working at 10:13 p.m. at the Walmart site and he asked staff to verify that. He also stated that he received a copy of a letter pertaining to motorcycle noise that was going to be read aloud during Open Forum, but the resident arrived too late to do so. MOTION BY MAYOR BAILEY, SECONDED BY COUNCIL MEMBER OLSEN, TO DIRECT THE PUBLIC SAFETY, HEALTH, AND WELFARE COMMISSION TO REVIEW THE CITY'S NOISE ORDINANCE AS IT RELATES TO MOTORCYCLES. MOTION CARRIED. 5-0. Council Member Peterson stated that she has noticed a lot of random signs installed throughout the City and wondered what was being done to make sure that we were addressing the issue. Council Member Peterson announced that the next Fare for All was May 16; Standing Strong Walk was June 13; Human Services/Human Rights Commission fundraiser at Carbone's was May 20; Beyond the Yellow Ribbon meeting was May 31; the next Red Rock Corridor meeting was May 30; and the Relay for Life was June 7. Council Member Olsen acknowledged the National Police Week and Law Enforcement Memorial Day noting that Officer McCormick would be standing guard at the Memorial; he stated that Police Officer Nickle's has returned from active duty; and lastly, that the Parks and Recreation Director would like to remind people to keep their dogs on a leash and to please pick up your dog's waste. Council Member Thiede stated that Strawberry Fest is the weekend of June 15 and he announced some of the activities planned noting that the theme is "Berry Lucky". Additional information is available on the www.CottageGroveStrawberrx Fest.com website. Council Member Lehrke stated that at the Public Safety, Health, and Welfare Commission meeting last night, the Chair brought up a concern regarding signage, especially for "deaf children". Cottage Grove City Council I Q May 15, 2013 Regular Meeting V MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY MAYOR BAILEY, TO DIRECT THE PUBLIC SAFETY, HEALTH, AND WELFARE COMMISSION TO EVALUATE THE NEED FOR "DEAF CHILDREN" SIGNS. MOTION CARRIED. 5-0. Council Member Lehrke voiced concern that the Council may have violated the open meeting law and stated he would like to have the Commissioner of Administration to come in and tell us how we are doing or issue an opinion. MOTION BY COUNCIL MEMBER LEHRKE TO OBTAIN AN OPINION FROM THE COMMISSIONER OF ADMINISTRATION ON THE OPEN MEETING LAW. MOTION FAILED FOR LACK OF A SECOND. 11. PAY BILLS MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE PAYMENT OF CHECK NUMBERS 181316 THROUGH 181497 IN THE AMOUNT OF $628,247.22 AND EF PAYMENT OF $302,851.04. (CHECK NUMBERS 181316 - 181344 IN THE AMOUNT OF $200,477.46 AND EFi" PAYMENT OF $13,176.20 WERE ISSUED PRIOR TO COUNCIL APPROVAL). MOTION CARRIED. 5-0. 12. WORKSHOP SESSION - OPEN TO PUBLIC A. 2014 and 2015 Budget The Council met in a Workshop Session to discuss the 2014 and 2015 proposed Budget, specifically the General Fund Levy; Special Levies; and Debt Levies. There was discussion extensive discussion regarding the Golf Course Operations which requires a$250,000 cash flow interfund loan, which is the third such loan in as many years and that currently the Golf Course has a total outstanding debt to the EDA and EDA Trust fund of $2.1 million. 13. WORKSHOP SESSION - CLOSED TO PUBLIC - None. AD]OURNMENT MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO ADJOURN THE REGULAR MEETING AT 11:55 P.M. MOTION CARRIED. 5-0. Prepared by, Caron M. Stransky City Clerk