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HomeMy WebLinkAbout2003-04-02 MINUTES REGULAR MEETING COTTAGE GROVE CITY COUNCIL April 2, 2003 OPEN FORUM – 7:15 p.m. Open forum provides a person an opportunity to inform the Council of a problem or to request information related to City business not scheduled for Council action and on the Agenda. Mayor Shiely encouraged persons to limit their remarks to two (2) minutes per issue. Present: Mayor Sandy Shiely Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director John McCool, Senior Planner John Mickelson, Public Safety Director Nancy Hanzlik, City Engineer Les Burshten, Public Works Director Bob Vose, City Attorney Michelle Wolfe, Assistant City Administrator Don Pelton, 7753 Inskip Trail South, stated that he is a representative for the Child Abuse Council. He referenced an example of a sign that they would like to post throughout Washington County and explained that the blue ribbon represents the 425 children in Washington County that have experienced some form of abuse. He stated that he would like to be able to tie the ribbons on trees located in the right-of-way in Cottage Grove to bring an awareness of their campaign to the public. He provided the Council with an overview of the campaign noting that it is a local and statewide campaign that is taking place throughout the month of April. Council Member Kohls stated that it sends a strong message to the public, expressed her agreement with the campaign adding it should be added to the Consent Agenda. Council Member Wolcott agreed and suggested that they also include the trees along the walkways in the area. Mayor Shiely stated that the request would be included on the Consent Agenda as Item R. Regular Meeting – April 2, 2003 Cottage Grove City Council Page 2 Michelle Shablo/Ramirez, 8577 Greenway Avenue South, stated that she is a new resident to the City of Cottage Grove. She expressed concerns stating that it would be a tragedy to close the municipal swimming pool. She encouraged the Council to reconsider stating that she is one of many who would be willing to pay extra for season pass. She stated that she would be willing to make an additional donation if it would help keep the pool open. th Tony Flandrich, 8264 85 Street South, referenced an article in the Bulletin written by Council Member Kohls regarding the closing of a fire station. He stated that he is not in support of closing the station. He noted that he does not live in the neighborhood that would be affected stating that if this fire station were closed it would adversely affect medical and emergency response time. He expressed his surprise that there were not more residents present to speak out against this cut. If he lived in the area, he would be more active in encouraging residents to speak out against the cut. He stated that safety is an extremely important issue and that safety should not be compromised through budget cuts. He encouraged the residents of the area to read the article and asked Council to reconsider closing the station. Mayor Shiely acknowledged his concerns and thanked him for his input regarding the budget. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular th meeting on Wednesday, April 2, 2003, at the Cottage Grove City Hall, 7516 80 Street South Mayor Shiely called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor Sandy Shiely Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director John McCool, Senior Planner John Mickelson, Public Safety Director Nancy Hanzlik, City Engineer Les Burshten, Public Works Director Bob Vose, City Attorney Michelle Wolfe, Assistant City Administrator Mayor Shiely presided over the meeting. Regular Meeting – April 2, 2003 Cottage Grove City Council Page 3 ADOPTION OF AGENDA Mayor Shiely stated that the Blue Ribbon Campaign for the Washington County Child Abuse Council would be added as Item R on the Consent Agenda. MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. APPOINTMENTS AND PRESENTATIONS A. PRESENTATIONS 1. Swearing in Presentation - Police Officer/Paramedic Mathew Pearson Mayor Shiely stated that Mathew Pearson has been appointed to the position of Police Officer/Paramedic for the City of Cottage Grove. She asked the Council to come forward for the swearing in ceremony. City Administrator Schroeder reviewed his background with Council stating that he was formerly a paramedic with Lakeview Hospital in Stillwater before joining the police department. He administered the oath to Police Officer Pearson. Public Safety Director Mickelson presented and pinned Police Officer Mathew Pearson with his badge. He congratulated Police Officer Pearson and welcomed him to the City of Cottage Grove. APPROVAL OF MINUTES A. February 19, 2003 Regular Meeting Mayor Shiely stated that the minutes stand approved as presented. B. March 5, 2003 Regular Meeting Mayor Shiely stated that the minutes stand approved as presented. CONSENT CALENDAR Council Member Kohls asked to pull Item P for further discussion explaining that this item involved compliance nuisance violations. She stated that at a previous meeting she provided a list of addresses from a concerned resident to Community Development Director Lindquist. She stated that she received a phone call from a resident in the area who wanted to thank the Building Inspection Department for their quick response noting that he has already noticed an improvement in neighborhood. MOTION BY RICE, SECONDED BY WOLCOTT, TO: Regular Meeting – April 2, 2003 Cottage Grove City Council Page 4 A. ACCEPT AND PLACE ON FILE THE FOLLOWING MEETING MINUTES: i. PLANNING COMMISSION OF FEBRUARY 24, 2003. B. ADOPT RESOLUTION NO. 03-061 APPROVING AN INTERFUND TRANSFER FROM WATER AREA (575), SANITARY SEWER AREA (580) AND STORM AREA (585) TO TIF 1-10 (538), 2001 IMPROVEMENTS (559), 2002 IMPROVEMENTS (561) AND 2003 IMPROVEMENTS (562). C. RECEIVE INFORMATION REGARDING SITE PLAN MODIFICATIONS TO THE ROOFLINE OF THE OAK PARK COMMONS PROJECT. D. ADOPT RESOLUTION NO. 03-062 APPROVING THE FINAL PLAT KNOWN AS TH TIMBER RIDGE 4 ADDITION. E. AUTHORIZE ISSUANCE OF A SINGLE-OCCASION GAMBLING PERMIT TO THE COTTAGE GROVE CRIME PREVENTION ADVISORY BOARD FOR A RAFFLE AT KINGSTON PARK ON SATURDAY, JUNE 14, 2003, IN CONJUNCTION WITH THE GREAT GROVE GET TOGETHER ANNUAL FESTIVAL. F. ADOPT RESOLUTION NO. 03-063 APPROVING CONSTRUCTION PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE TH HIDDEN VALLEY 11 ADDITION UTILITY, STREET AND STREET LIGHTING IMPROVEMENTS. G. ADOPT RESOLUTION NO. 03-064 ESTABLISHING INDIAN BLVD SOUTH EXTENDED FROM KEATS AVENUE SOUTH EAST TO LAMAR AVENUE SOUTH AS A MUNICIPAL AND STATE AID HIGHWAY. H. ADOPT RESOLUTION NO. 03-065 REVOKING HINTON AVENUE SOUTH (101) TH BETWEEN 65 STREET SOUTH AND THE NORTH CITY LIMITS AS A MUNICIPAL STATE AID STREETS. I. ADOPT RESOLUTION NO. 03-066 SUPPORTING LEGISLATION TO PROVIDE IMPROVED FUNDING OPTIONS FOR CITY STREET IMPROVEMENTS. J. RECEIVE THE MEMO UPDATING THE STATUS ON THE PAVEMENT CONSTRUCTION POLICY. K. 1. APPROVE THE SUBDIVISION AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND GENSTAR LAND COMPANY MIDWEST FOR HOMESTEAD AT HIGHLAND HILLS ADDITION. 2. ADOPT RESOLUTION NO. 03- 067 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR HOMESTEAD AT HIGHLAND HILLS ADDITION. L. 1. APPROVE THE SUBDIVISION AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND THOMPSON LAND DEVELOPMENT COMPANY FOR PINE ST ARBOR 1 ADDITION. 2. ADOPT RESOLUTION NO. 03-068 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR PINE ST ARBOR 1 ADDITION. M. 1. APPROVE THE SUBDIVISION AGREEMENT BETWEEN THE CITY OF TH COTTAGE GROVE AND PULTE HOMES OF MINNESOTA FOR TIMBER RIDGE 5 ADDITION. 2. ADOPT RESOLUTION NO. 03-069 ORDERING IMPROVEMENT TH AND PREPARATION OF PLANS AND SPECIFICATIONS FOR TIMBER RIDGE 5 ADDITION. N. RECEIVE INFORMATION ON PRIOR YEAR FUND DESIGNATIONS. Regular Meeting – April 2, 2003 Cottage Grove City Council Page 5 O. AUTHORIZE THE PURCHASE OF 32,000 POUNDS OF CRAFCO HOT POUR SEALANT 221 FROM BROCK WHITE COMPANY AT $0.29 PER POUND, PLUS TAX AND SHIPPING. P. RECEIVE UPDATE ON PROPERTY MAINTENANCE AND NUISANCE ORDINANCE COMPLIANCE. Q. APPOINT DAVID WICK AND JEFFERY ROTHECKER TO THE PUBLIC SAFETY, HEALTH, AND WELFARE COMMISSION TO FILL TERMS TO EXPIRE FEBRUARY 28, 2005. R. AUTHORIZE WASHINGTON COUNTY CHILD ABUSE COUNCIL TO PLACE BLUE RIBBONS ON THE TREES LOCATED ALONG THE RIGHT-OF-WAY AREAS AND WALKWAYS TO BRING PUBLIC AWARENESS TO THE 425 CHILDREN WHO HAVE EXPERIENCED CHILD ABUSE IS WASHINGTON COUNTY. MOTION CARRIED 5-0. Mayor Shiely stated that if anyone is present for issues on the Consent Calendar all have been passed. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES NONE PUBLIC HEARINGS A. Consider continuing the Public Hearing to the April 16, 2003 City Council Meeting on the Proposed Vacation and Discontinuance of Portions of Right-of-Way, Drainage and Utility Easement, and Public Park and Open Space Relating to the Gateway North Redevelopment District. City Administrator Schroeder explained that the reason for the request for continuance is that they need two final signatures. He stated that one of the signatures would occur on Friday, April 4, 2003 and the other signature is enroute via mail. He asked that Council continue the Public Hearing at the next Regular Meeting of the City Council. Mayor Shiely opened Public Hearing at 7:40 p.m. Mayor Shiely closed the Public Hearing at 7:41 p.m. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO CONTINUE THE PUBLIC HEARING ON THE EASEMENT AND RIGHT-OF-WAY VACATIONS AND DISCONTINUANCE FOR PORTIONS FOR EAST POINT DOUGLAS ROAD AND HARKNESS ROAD UNTIL THE APRIL 16, 2003 REGULAR MEETING. MOTION CARRIED 5-0. BID AWARDS A. Consider Awarding Bid for the 2003 Sealcoat Project to Pearson Brothers, Inc. Regular Meeting – April 2, 2003 Cottage Grove City Council Page 6 Council Member Wolcott asked that a map of the area be displayed so that the residents could see the affected areas. Public Works Director Burshten stated that they would also include an article in the newspaper explaining the process to the residents. Finance Director Hedberg provided the Council with an overview of the area. Mayor Shiely agreed that the information would be included in the upcoming Bulletin adding that it would include a map of the area. She stated that Residents could also contact City Hall for further information. Public Works Director Burshten stated that they would begin work sometime in June. He thth further explained that they would start after June 9 and be completed by June 30. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 03-070 AWARDING BID FOR THE 2003 SEALCOAT PROJECT TO PEARSON BROTHERS, INC. IN THE AMOUNT OF $113,662.20. MOTION CARRIED 5-0. B. Consider Awarding the Asbestos Abatement Bid to Dennis Environmental Operations. City Administrator Schroeder reviewed the original estimates and quotes with Council noting that City Engineer Hanzlik and Al Larsen worked through the details of the estimates. Council Member Rice asked for clarification noting that the bid is considerably lower than the others they have received. City Engineer Hanzlik agreed that the bid was considerably lower. She stated that she discussed the quote with Pearson Brothers and confirmed that the bid is accurate. MOTION BY RICE, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 03-071 AWARDING BID FOR ASBESTOS ABATEMENT FOR THE OFFICE CONDO, VETERINARY CLINIC AND VICTORY CHURCH FOR THE GATEWAY DEMOLITION PROJECT IN THE AMOUNT OF $18,000.00. MOTION CARRIED 5-0. UNFINISHED AND NEW BUSINESS A. Consider Approving the Application of Mark and Margaret Brady for a Multiple Animal License. Margaret Brady, 7203 Janero Avenue South, stated that she and her husband have lived in Cottage Grove for 14 years and that they have always licensed their animals in a timely fashion. She explained that they have four dogs and one cat and they have three kennels and a fenced play area in their backyard. She stated that she has reviewed the letters the Regular Meeting – April 2, 2003 Cottage Grove City Council Page 7 City received from her neighbors. Ms. Brady stated that the City has only received two complaints in two years noting that one of the complaints stated that the dogs were unrestrained and unlicensed. She stated that she has always licensed her dogs and they are never loose in the neighborhood. She referenced a dog across the street from them, same size and similar color, that is loose much of the time adding that it was not her dog that was loose. Ms. Brady stated that she is the President of the North American Beauceron Club (NABC) and reviewed the breed with Council. She admitted that she does breed her dogs occasionally but that she is not a commercial breeder. She explained that the puppies are placed as search and rescue dogs, police dogs, and service dogs for the handicapped, contributing to society in a positive way. She stated that all of the puppies are sold when they are between 8-12 weeks of age. Ms. Brady explained that as the President of a national organization for the Beauceron breed she has been invited across country to give seminars and education sessions on the breed. She stated that she has also been invited to France to present seminars and sessions on the breed. She provided the Council with copies of several letters that were also provided to Ms. Stransky including copies of letters she wrote in response to the neighbors, for their review. She stated that she is very surprised by the neighbors' reactions adding that she is always in contact with neighbors and tries to work with them with any issue. She stated that she wrote letters to the neighbors thanking them for their input and clarified to the neighbors that they could contact her with any problems or concerns. She explained that the kennels are not permanent structures and could be easily moved. Ms. Brady referenced several letters she has received including letters from a local Montessori School in addition to letters from service dog owners, and a professional psychiatric therapist stating support for her efforts. She referenced information provided by a member of the board from the Kennel Club regarding animal limit laws with suggestions to her on how to work with a citizen with animals. She clarified her understanding of the ordinance. She stated that it is difficult to please everyone adding that she has made a concerted effort to be a good neighbor. Council Member Kohls stated she is not familiar with the breed and asked for further clarification. Ms. Brady explained that the Beauceron is the French equivalent to a German shepherd stating that the breed is used in a similar fashion as a German shepherd as a service dog, a therapy dog or as a search and rescue dog. Gary Kjellberg, 7389 Inman Avenue South, stated that he was part of the group that worked on the nuisance ordinance task force noting that when they worked on the multiple animal license issue it was his understanding that existing owners would be grandfathered. He expressed concerns regarding the Public Safety, Health, and Welfare Commission's recommendation for denial noting that one of the complaints received involved a call to the police adding that nothing was addressed. He stated that it was also brought up at the Commission meeting that one of the neighbors expressed concerns about animals being outside all the time and nothing was being done with animals. He clarified that this concern Regular Meeting – April 2, 2003 Cottage Grove City Council Page 8 has nothing to do with the ordinance. He expressed his support stating that in considering all of the issues and hearing what the owner does with their dogs, the Council should approve the multiple license application. He suggested that Council could approve the licensing with stipulations and encouraged the Council to approve their request. Mayor Shiely explained that due to past issues the City follows up on ordinance violations only in response to complaints adding that with the changes in the ordinance they removed the requirement for follow up on complaints. She explained that the City Council is not going to base the requirements on the number of complaints received towards the property only that the property fulfills the ordinance requirements. She stated that they have started a precedent and clarified that if there are animals over the maximum or at the maximum that they have been granting multiple licensing under the grandfathering clause. She explained that if an animal passes away that the owner would have to agree not to replace the animal. She clarified that the only concern is the number of kennels located in an urban yard and the number of animals at any given time. She stated that she has a list of the Beauceron kennels and that Ms. Brady is listed as a kennel noting that breeding is an issue. Ms. Brady acknowledged that they are listed as a kennel because they breed occasionally. She explained that often they have a waiting list for puppies that could be up to two years. She further clarified that she is not a commercial breeder stating that they keep the puppies up to 8-12 weeks. She noted that some cities have an inclusion in the ordinance that allows occasional breeding and invited the Council to come and review their facilities. Council Member Wolcott agreed that they should be grandfathered adding that his only concern is the breeding. He reviewed the application and commercial kennel licensing requirements with the Council. He stated that his only issue is the breeding. Council Member Rice agreed with Council Member Wolcott and Mayor Shiely stating that he is not willing to approve the license for this household. He expressed concerns stating that if they grandfathered this request it could set a precedent. He stated that at some point they have to draw the line noting that it sounds too much like a commercial kennel in a residential area. He stated that he could not support approval of the multiple licensing application. Council Member Kohls expressed concerns regarding letters and emails she has received from the residents regarding this issue. She clarified that she is an animal lover with two dogs and expressed her agreement with Council Member Rice. She stated that in reviewing the ordinance it does not state how an individual should treat a pet adding that they have to follow the ordinance as stated. She noted that there is a fine line between personal enjoyment and running a commercial business. She acknowledged that Ms Brady clarified that she is not operating a commercial business adding that it does have the appearance of a commercial business. She acknowledged the importance of the service dogs noting that it is an important service for the community adding that she would be willing to approve the request if they agreed not to breed with the current number of dogs they presently own. She asked City Clerk Stransky to clarify the multiple licensing requests that have been approved in comparison to the current request. Regular Meeting – April 2, 2003 Cottage Grove City Council Page 9 City Clerk Stransky clarified that out of the ten requests approved by Council, none have been identified as breeders. She stated that there is one kennel for all dogs adding that grandfathered requests were based on the longevity and history for licensing. Mayor Shiely clarified her understanding of the stipulations stating that if one of the animals died that it would not be replaced. City Clerk Stransky confirmed that they could not replace an animal that has died. Mayor Shiely stated that she would be willing to approve the five animals if it included similar stipulations and no breeding. Council Member Grossklaus thanked Ms. Brady for the information she provided to Council. He stated that the three kennels are an actual asset and expressed his appreciation for not allowing the animals to run free. He stated that his concerns are with the breeding. Mr. Brady stated that they would be willing to go along with five animals and the stipulations adding that they would not replace the animals as they pass away. He explained that they are requesting approval of the multiple licensing as outlined by council. Mr. Kjellberg referenced City Ordinance 5-4-4 stating that the definition of a dog stated that they are not considered a dog until they have reached three months in age. MOTION BY GROSSKLAUS, SECONDED BY WOLCOTT, TO APPROVE THE APPLICATION OF MARK AND MARGARET BRADY FOR A MULTIPLE ANIMAL LICENSE WITH THE STIPULATION THAT THERE WOULD NOT BE ANY BREEDING AND ANIMALS WOULD NOT BE REPLACED AS THEY PASS ON, BRINGING THEM DOWN TO THE APPROVED LIMIT OF THREE ANIMALS. MOTION CARRIED 4-1. (1 NAY - RICE) RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS NONE COUNCIL COMMENTS AND REQUESTS Mayor Shiely referenced the Red Rock Corridor stating that there is still hope. She stated that they are continuing to meet and plan to move forward. She stated that at the last meeting a representative from Hastings presented their long-range plans for a downtown commuter rail station adding that she provided a copy of the report to Kim Lindquist for review. She stated that she would like to have Council meet to brainstorm possible ideas for a commuter station in Cottage Grove. She reviewed the Hastings plan with Council noting that they should have some plans in mind for the future. Council Member Kohls asked if federal funding would cover any of the facilities. Mayor Shiely explained that funding from MnDOT would be allocated to the community adding that the funds would only cover the basics. She stated that the community would pay anything beyond that. Regular Meeting – April 2, 2003 Cottage Grove City Council Page 10 Council Member Rice asked Public Works Director Burshten if the compost sites are open. Public Works Director Burshten confirmed that they were opened in April. PAY BILLS MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE PAYMENT OF CHECK NUMBERS 128463 TO 128640 TOTALING $261,031.21. (CHECKS 128463-128492 IN THE AMOUNT OF $116,175.92 ISSUED PRIOR TO COUNCIL APPROVAL.) MOTION CARRIED 5-0. WORKSHOP SESSION – OPEN NONE Mayor Shiely called a break at 8:30 p.m. Mayor Shiely called the meeting back to order at 8:40 p.m. WORKSHOP SESSION – CLOSED MOTION MADE AND SECONDED TO TEMPORARILY ADJOURN THE REGULAR MEETING FOR A CLOSED SESSION. MOTION CARRIED. 5-0. Present: Mayor Sandy Shiely Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Bob Vose, City Attorney Michelle Wolfe, Assistant City Administrator Pursuant to the open meeting law, the Council discussed, in closed session, to discuss 2004 labor negotiations. MOTION MADE AND SECONDED TO ADJOURN THE CLOSED SESSION AND RECONVENE THE REGULAR MEETING. MOTION CARRIED. 5-0. ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY RICE, TO ADJOURN THE MEETING AT 10:00 P.M. MOTION CARRIED 5-0. Respectfully submitted, Regular Meeting – April 2, 2003 Cottage Grove City Council Page 11 Bonita Sullivan TimeSaver Off Site Secretarial, Inc.