Loading...
HomeMy WebLinkAboutMinutes i� ��tJV� �ri°t � y � ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ���� �ri e ar�d PC�� t MINUTES COTTAGE GROVE CITY COUNCIL September 5, 2018 COUNCIL CHAMBER 12800 RAVINE PARKWAY SOUTH REGULAR MEETING - 7:00 P.M. 1. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on September 5, 2018, at Cottage Grove City Hall, 12800 Ravine Parkway. Mayor Bailey called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE The audience, staff, Mayor, and City Council Members recited the Pledge of Allegiance. 3. ROLL CALL The following were present: Mayor Myron Bailey, Council Member Steve Dennis, Council Member Wayne Johnson, Council Member La Rae Mills, and Council Member Dave Thiede. Also present were: Charlene Stevens, City Administrator; Korine Land, City Attorney- LeVander, Gillen & Miller, PA; Ryan BurFeind, Assistant City Engineer; Harry Taylor, Public Works Supervisor; Zac Dockter, Parks and Recreation Director; Joe Fischbach/HR Manager/City Clerk; Pete Koerner, Director of Public Safety; Jennifer Levitt, Community Development Director/City Engineer; Robin Roland, Finance D i rector. 4. OPEN FORUM Mayor Bailey opened the open forum and asked if anyone in the audience wished to address the Council on any item that was not on the agenda. As no one wished to address the Council, Mayor Bailey closed the open forum. 5. ADOPTION OF AGENDA Motion by Council Member Mills to adopt the agenda; second by Council Member Thiede. Motion carried: 5-0. CITY OF COTTAGE GROVE • 12800 Ravine Parkway • Cottage Grove, Minnesota 55016 www.cottage-grove.org • 651-458-2800 • Fax 651-458-2897 • Equal Opportunity Employer City Council Meeting Minutes September 5, 2018 Page 2 6. PRESENTATIONS A. Green Garden Award Staff Recommendation: Receive presentation on 2018 Green Garden Award and Landscaping Program from Parks Department Horticulturist Marcus Honcharenko. Parks and Recreation Director Zac Dockter stated there's a 15-year history of the landscaping program; there are now almost 300 gardens, a fulltime staff inember, and two seasonal interns to help maintain them. He stated that they're extremely proud of the beautiful gardens throughout the city. Director pockter introduced the City's new horticulturist, Marcus Honcharenko, to explain what's been done this year and to announce the Green Garden Award winners. Mr. Honcharenko stated he began working with the City in May, 2018. This year there were not interns but there were summer helpers, Taylor Johnson and Kim Fuller, who were responsible for choosing the Green Garden Award winners. Besides performing routine daily maintenance throughout Cottage Grove, they planted many annual flowers at the park signs, in median beds in the roadways, as well as in flower pots. Two of the parks they worked on were Cedarhurst Meadows West and the Old Cottage Grove Park entrance sign. They also met with all of the winners of the Green Garden Awards this year. He showed before and after photographs of Cedarhurst Meadows West park and the Old Cottage Grove park and described the work they had done. For the commercial Green Garden Award, the winner was St. Luke's Lutheran Church, who had also won the award in 2015. They were very impressed with what they had done and showed photos of their landscaping. The garden at the entrance to the church is full of color, with many different plants. There were two residential nominations: Don and Kathy Klein and Kent and Nicole Raymond. Both of them had very outstanding gardens and for both of them it was the first time they had ever submitted an entry; he showed photos of both yards and described what had been planted. After meeting with Taylor and Kim, they chose Kent and Nicole Raymond as the winners; one of the reasons they were chosen was their emphasis on the pollinators. Mr. Honcharenko stated both winners had already been presented with their awards, and they were not able to be here tonight. Council Member Thiede asked why there were so few entries this year; Director pockter stated the number of entries this year was less than they'd hoped, but they're going to take a look at how they can get more nominations. Mayor Bailey stated that there were many businesses and residents who are doing landscaping so perhaps it's because they are unaware of the award and we need to get the word out to them. B. South Washington County Telecommunications Commission 2017 Annual Report - Director Mark Martinez City Council Meeting Minutes September 5, 2018 Page 3 Director Mark Martinez stated he would present the 2017 Annual Report. Three key goals were accomplished last year: Organizational transition with documents being brought into conformance, a recommendation to create a reserve policy, and a revision to the employee handbook. Director Martinez stated that last year was his first year; his strategic goal was to establish new lines of communication with Commission Directors and City Administrators and City staff in determining the needs of the member cities and creating collaborative work. Internally, his staff strategy was to incorporate more of a story-telling approach last year, as he felt video production through story telling could create more-compelling stories and engage the community. He reviewed their 2017 financial data with 2017 operating income over $250,000; that was attributed to higher than expected revenue distributions from the cable companies, as well as a reduction in expenditures. Historically, they'd budgeted $500,000 for capital expenditures; in 2017, in Cottage Grove they invested 65% of that $500,000, and that was primarily the AV upgrades in the Council chamber. They'd also provided a return to the cities; they had budgeted $300,000 but because of the higher than expected revenues, they were able to increase that by $100,000 and Cottage Grove received 30% of that distribution and he explained how that was calculated. Field cameras were refreshed and they went to an entire HD workflow; prior to 2017, the Council meetings were cablecast in standard definition, now they're in HD throughout all the cities. They also completed fiberoptic runs from all Council chambers, except Grey Cloud Island Township, as those are prerecorded. In 2017, they cablecast 170 meetings, and 27% of those were from Cottage Grove. They also stream live to the web, and have about 2,000 views per month. In Cottage Grove, they broadcast a number of Public Safety shows. City Faces was a new program, and they also broadcast the Mayor's Message. Director Martinez reviewed various awards they'd received in 2017, including Justin Atkinson receiving a regional Emmy nomination for "A Soldier's Journey," which was a documentary on Cottage Grove Public Safety Officer Pat Nickle. One of the things they weren't expecting in 2018 was the chance to invest in the Hero Center, the East Metro Public Safety facility, and they were able to invest almost $1 million of their reserve fund into that facility. With their Commission, they're really looking at their sustainability and the franchise renewal process; they're potentially looking at alternative revenue streams and some of the bigger projects they're expecting to happen in the future, including sound improvements at the Cottage Grove Ice Arena. Director Martinez stated that he would take any questions. Council Member Dennis thanked Director Martinez for his great presentation. He stated that he thought they did a fantastic job and were an awesome partner for our City Council Meeting Minutes September 5, 2018 Page 4 community. He appreciated working with their team on the Year in Review and the Council Updates, as they always made them look good. Council Member Thiede stated he wanted to commend Director Martinez on the job he's been doing, everyone likes him, and there are potential challenges in the future. CenturyLink decided not to market their consumer product anymore, so we'll essentially be back down to one cable company; over the next few years it will be interesting to see how that all pans out. He asked him to keep up the good work. Director Martinez thanked Council Member Thiede for his financial leadership, which has been integral to their success. Council Member Johnson thanked Director Martinez for his presentation. He stated that working with them was always so easy; they know the end product will look very professional, and whenever they're needed, they're right there. Council Member Johnson said it appears that Cottage Grove is the most transparent as far as getting our meetings and programs televised. He wanted to let citizens know that we try to keep them as informed as we possibly can. Council Member Mills thanked Director Martinez and the entire Commission; she knew they worked hard and there will indeed be challenges coming. Mayor Bailey thanked Director Martinez and all of his staff for their great work and helping them to get their message out to the community. He stated that he was very excited when he learned that they were going to be helping with the IT work in the new HERO Center. C. Summer Water Conservation Efforts Aaron Sather, Administration Intern, stated that he'd be giving a quick update on summer water conservation efforts. He reviewed how the Blue and Green Environmental Challenge worked, with the overall goal to help people reduce their daily water use to 70 gallons per day per person by following indoor and outdoor tips. Residents who participate are able to win $50 credits for their utility bill, in addition to both a special prize and a monthly drawing. The special prize is a choice of a tree with a watering bag or an irrigation controller or a gift card to Zywiec's Landscaping. The Blue and Green Environmental Challenge focus will change next year so it could be something more along the lines of recycling. He also reviewed the rain barrel rebate program details; there have been 72 rain barrels installed in the past two years through this program. The smart irrigation controller program is by far the largest water conservation effort. In 2018, we purchased 8-zone and 16-zone controllers, which helps residents who have larger, more complex irrigation systems with more than eight zones. The City provided 236 controllers, and there were at least 47 people who went out and installed their own controllers, with most controllers installed around the newer developments in the City. City Council Meeting Minutes September 5, 2018 Page 5 Most start and run before 5:00 a.m., which is a best-watering practice because there's less evaporation and more absorption. If it rains, they run for fewer hours; they water more efficiently so the run times are approximately two hours. One of the requirements for Cottage Grove is the City needs to be able to monitor the water use and the water savings from the program, so people need to have a water utility account with the City to get a controller. According to the vendor, they see most of the savings in the spring and fall so by waiting to analyze the data we'll have higher-quality data from more controllers. Mr. Sather stated that we're also in a Sustainable Communities Partnership with the University of St. Thomas, at no cost to the City. Assistant City Engineer Ryan Burfeind stated they're looking at future initiatives and want to continue to emphasize irrigation use; up to 50% of City water use can be used for irrigation purposes. With commercial and HOA use, they're looking at a grant to complete irrigation audits for businesses, HOAs, or possibly school district facilities. Engineer Burfeind explained the audit looks at the irrigation system as a whole; layout, design, which controller is used and its age and condition, items that are easy to address to reduce water usage. There are measuring gauges placed throughout the irrigated area to look at how much water is actually going down. We will probably look at the top water users in the City and really engage those directly to have an audit completed. Some of the requirements for an irrigation audit is it must be WaterSense certified by the EPA to make sure they're looking at the right components. We plan to do audits in late spring 2019 so any needed changes can be made to have the benefit for the 2019 watering season. We may offer a rebate to help cover a portion of the costs to do an irrigation head upgrade or controller upgrade. We also might do a residential audit; they'll look at what the audits will cost per residence, and would like to offer rebates to cover a portion of any real costs recommended from that audit. Inside the house, we'd like to institute a rebate program related to the installation of WaterSense certified fixtures and appliances, which would be showerheads, faucets, or washing machines. If residents install those fixtures or appliance, we can give them a rebate for that. The State, through the Department of Health, did a similar program two years ago in the metro area, which was pretty successful. Engineer Burfeind stated we did a really good job this year with Ann and our Project Engineer, Nate Estrem, and they're excited to keep that moving. He stated they'd take any questions. Council Member Johnson stated we all know how important water is to everybody and how it's going to control the future growth of the City; it's good to see we're going to be offering auditing of HOAs. Those associations tend to have the sprinklers, and nobody's really monitoring those, as a rule. The other things residents of an HOA can City Council Meeting Minutes September 5, 2018 Page 6 do is be watchful; he saw three or four sprinkler heads continuously spraying water so he called, and by that night they were taken care of. If you see something, say something; it affects your pocketbook, it can save a lot of water, and help everybody in the City. Council Member Thiede asked how the programming was done; Engineer Burfeind stated there's some programming that the homeowners do, but it's also connected to the Internet so it looks at the rain forecast; if it has rained, then it can automatically not irrigate and has that capability. Mayor Bailey stated he didn't get one of the 32 controllers last year, but he got one this year. He stated that it's absolutely amazing; you can adjust it to the type of sprinkler heads, the slope of your yard, etc. He stated that he has an older sprinkler system so he might want to have an audit done. Council Member Thiede asked if you could actually put a moisture sensor in the ground, too, that would hook into it; he was told that you can, but that's not part of the program for the unit that residents get with the rebate but it can be purchased as an addition. Engineer Burfeind stated that their Generation 3 products are compatible with a flow meter that you can install. 7. CONSENT AGENDA A. Approve the July 25, 2018 City Council Special Meeting Minutes. B. Approve the August 8, 2018 City Council Special Meeting Minutes. C. Approve the August 15, 2018 City Council Regular Meeting Minutes. D. Authorize issuance of a massage therapist license to Heather Jokinen to work at Oasis Wellness Center, 7424 East Point Douglas Road South. E. Authorize staff to apply for MN DNR CPL grant in the amount of$39,850 to be used towards the habitat restoration of Settlers Island. F. Adopt Resolution 2018-109 revising the City Purchasing policy to include statutory increase to bidding threshold. G. Authorize staff to apply for a MN DNR Conservation Partners grant for Kingston Park native habitat restoration in the amount of$125,325. H. Adopt Resolution 2018-111 approving changes to the 2018 Non- represented Pay Plan. I. Receive information regarding a request for a crosswalk on Hinton Avenue at Pine Arbor Boulevard/69th Street. J. Approve the South Washington Watershed District (SWWD) Coordinated Capital Improvement Program (CCIP) agreement for podge Nature Center in the amount of$66,611. K. Adopt Resolution 2018-113 authorizing staff to execute the Local Road Improvement Program Grant Agreement for the 2018 Ravine Parkway Project. L. Adopt Resolution 2018-112 authorizing staff to execute the Master Partnership Contract with MnDOT and allowing the City Engineer to negotiate work orders pursuant to the contract. City Council Meeting Minutes September 5, 2018 Page 7 M. Approve acquisition and installation of 800Mhz/VHF signal booster for the Central Fire Station from Konecta LLC. N. Approve the 2018 - 2019 maps designating hunting areas to discharge archery and firearms within the city. O. Approve the issuance of Rental Licenses for the properties in the attached table. P. Authorize the sale of a 2008 Dodge Dakota and a 1991 Cushman Turf Truckster on eBay or Cranky Ape. Q. Adopt Resolution 2018-114 approving the final payment in the amount of $33,541.56 to Northwest Asphalt, Inc. for the 2017 Pavement Management Project. R. Approve the General Obligation Bond Proceeds Grant Agreement for the Construction Grant of the East Metro Training Facility - HERO Center Project between the City of Cottage Grove and the Minnesota Department of Public Safety. S. Submit Jack Lavold, Steve Dennis, and Dave Thiede as nominees to Washington County for appointment to the South Washington County Watershed District Board of Managers. T. Authorize issuance of a temporary 3.2% liquor license to the Cottage Grove Lions for the Haunting Experience at Zywiec's Landscape and Garden Center, 10900 East Point Douglas Road South, on October 5, 6, 12, 13, 19, 20, 26, and 27. U. Authorize issuance of a temporary intoxicating liquor license to the Cottage Grove Lions for the Franck Benefit at the Cottage Grove VFW, 9260 East Point Douglas Road South, on September 29, 2018. Council Member Dennis wished to pull Item S and Council Member Thiede wished to pull Item H for further comment and/or discussion; Council Member Thiede also stated that he would like Item H to be a separate vote. Council Member Dennis stated he wanted to speak about the nominations to the South Washington Watershed District. He stated that Jack Lavold, who is currently serving as our interim Washington County Commissioner, is seeking reappointment onto the Watershed District Board of Managers. He's done a really good job in the past, and he's enthusiastically supporting him being named back onto that panel. He also wanted to commend Mr. Lavold for the work that he's done on behalf of Zone 4 for all of South Washington County during his time serving as County Commissioner. Council Member Dennis stated both he and Council Member Thiede are seeking support from the Council to join as alternates for the Watershed District Board for next year. Motion by Council Member Thiede to approve the Consent Agenda, without Item H; second by Council Member Dennis. Motion carried: 5-0. Council Member Thiede stated regarding Item H, the Non-represented Pay Plan for 2018, that Sharon Madsen, Communications Manager, was hired by Inver Grove City Council Meeting Minutes September 5, 2018 Page 8 Heights. He wanted to commend her as he felt she'd done a fantastic job and put a lot of definition to the position. She's very creative, and hopefully we can find somebody who can match her skills. We'd previously talked about doing a complete study and paying something close to $40,000 for that; we decided not to do that, as it might become out of date, or we didn't have to bring in somebody else as we had excellent, skillful people internally who could take a look at things as they arose. Council Member Thiede wanted to emphasize that he thought we needed to look at a few more positions; things have been going well, the economy's good, competitiveness forjobs was getting greater. He's very much a proponent of looking at jobs, matching that to the market, and staying competitive over time. He's also a strong supporter of incentive-based systems, as he thinks there are some City employees who we'd love to pay more if we could. We have many valuable people; unfortunately, it's a hard environment in which to do incentive programs, but we need to pay attention to the market and what's going on out there and watch that for our people. We have to make sure that we're in line with the market. It sometimes can be hard for employees step up and say that they're actually worth more, but he definitely encouraged that; actually, if you believe that, get some more information, justify it, and we could look at it together. He felt if there were City employees who felt that they're not getting proper compensation, they should definitely bring it to our attention versus bringing in a letter or resignation. Council Member Thiede asked if what we're looking to approve is to actually approve the pay rate change or the classification change for the position or also the description that's been given. City Administrator Charlene Stevens stated the request was to approve the reclassification, based on the job description that was sent out; there really aren't a lot of major changes to the job description, as we've found our job description isn't really that much out of date, it's just the pay and the pay range are out of date. We made some changes to the job description, as we're seeking a little bit more experience with the position, now five years instead of two, and then the reclassification. We're asking that the reclassification be approved this evening so we can move forward with posting that position. Council Member Thiede stated to look at the market we go out and look at cities that have about the same population and try to compare some of the job positions and the salary ranges; he likes statistics and research, so we've done that, and while there might be a couple things that he would do a bit differently, we need to make sure that we find a really good Communications Manager. Council Member Dennis thanked Council Member Thiede for his considerate and thoughtful comments. Council Member Dennis stated, as a business owner, one of the greatest costs to an organization was employee turnover. What we want to do is structure ourselves properly to make sure that we're positioned relative to the market so that we not only attract good talent, but also keep really great people on our staff. As a Council, one of our core agenda philosophies was to position the City so that we're an City Council Meeting Minutes September 5, 2018 Page 9 employer of choice; what that really means is we're structuring ourselves in a way to create a great environment for people to come in and be a part of this. We have to give great service to the men, women, and young people who live in our community; to do that, we have to have outstanding people here, and we have to compete not only with the government realm but also with the private sector. Generally, the private sector pays even more. Council Member Dennis stated we've got a great Human Resource Manager, who has all the capabilities to reach out and get information that's in the public realm. He did that in this case, and we compared ourselves to a spectrum of cities with like demographics; in coming up with that information, we made a decision to not to be paying people under the mean so we can compete fully and well against other organizations. Council Member Dennis stated he approved of this and he appreciated all of the effort that went into it; it's simply the right thing to do. Motion by Council Member Thiede to Adopt Resolution 2018-111 approving changes to the 2018 Non-represented Pay Plan; second by Council Member Mills. Motion carried: 5-0. 8. APPROVE DISBURSEMENTS A. Approve payments for the period of 8/15/2018 - 9/6/2018 for $4,227,153.18. Motion by Council Member Dennis to approve disbursements; second by Council Member Johnson. Council Member Johnson mentioned that he reached out to Finance Director Robin Roland when he saw the large amount to be paid; a big portion of it, almost $1 million, was the refund to the School District for developers' deposits they'd put down for the Oltman Middle School reserves. It's not money being spent, but its money that's put in reserves during the project process and is now being returned; Director Roland confirmed that was the case. Motion carried: 5-0. 9. PUBLIC HEARINGS — None. 10. BID AWARDS — None. 11. REGULAR AGENDA A. 2019 Preliminary Property Tax Levy Staff Recommendation:Adopt Resolution 2018-110 certifying the 2019 Preliminary Property Tax Levy in the amount of$15,695,000. Director Roland reviewed the budget-planning process throughout the year. Tonight is the preliminary levy and budget; a requirement of State Statute is that the preliminary levy has to be proposed to the Council and adopted by the Council sometime before September 30. The preliminary levy is the highest it can be and it can be lowered City Council Meeting Minutes September 5, 2018 Page 10 sometime between September and December, but it cannot be raised any higher than what is proposed tonight. After the levy is adopted tonight, it's submitted to Washington County and they issue property notices in November. Those notices compare 2018 and 2019 taxes and contain individual lines for the School District, the County, the City, and all of the other tax-paying districts that every property owner in Cottage Grove is responsible to. There is a meeting identified on that notice of the date and time of the commentary period, which is required by law; that will occur on December 5, at 7:00 p.m., at the regular City Council meeting. The budget will be presented, along with the levy, and residents who choose to do so may comment on the 2019 levy and budget prior to the Council adopting that budget. Afterward, there will be a draft budget that will be on the City's website for residents to look at, and any questions can be directed to Director Roland or Administrator Stevens. The property tax levy for 2019 is proposed at $15,695,000; this is a $460,000 increase over 2018, which is about 3%. Director Roland stated that in 2019 the debt is the top 10% of that amount; 10% is the recommended limit on our debt service as a portion of our levy, which is in line with our bond policy that was adopted a number of years ago. We try to keep the portion of the levy that is attributable to repaying our debt under 10% of the total levy; so, for 2019, that's approximately $1.95 million. The tax base grew about 9% between 2018 and 2019; $100 million of market value was due to new construction, which includes commercial, retail, and residential properties. The tax base in Cottage Grove has grown by 42% over the last six years, which is wonderful; as far as taxes, the more the tax base grows, the better it is for the community. Washington County has identified a 6.5% average increase in taxes; individual properties may increase anywhere from 0% to 22% in the Cottage Grove for 2019. Washington County's assessment report for the year indicates how many properties are in each category and how much they've each grown. In effect, the Washington County average is somewhat misleading because the majority of properties in Cottage Grove for 2019 do not come close to 6.5% on an individual basis. The tax rate went down by 5%, even though the levy is increasing by 3%. For 2018, the local tax rate was 40.53, and for 2019, it will be 38.64. Director Roland stated that properties with a valuation increase of 5% or less would see little or no increase to their property tax; the 5% is the breakeven point. If your property increases 5%, you still won't see an increase in the City tax portion. So, look carefully at your tax notice and note how much your property increased in value and how much your City tax changed between the two years. Approximately 83% of the City properties in 2019 have a 5% valuation increase or less. For 2019, the General Fund revenues and expenditures are balanced, which means there is no gain or loss predicted at the 3% increase in the levy. The revenues and expenditures have an increase of 4.4% over 2018; that's mainly attributed to 3% wage City Council Meeting Minutes September 5, 2018 Page 11 growth as part of contractual obligations with the City's unions, and a 7% estimated increase on health insurance, which is consistent with other cities. There are also increases in salt, fuel, and asphalt expenses due to price increases from other vendors. Director Roland stated that between 2018 and 2019 all of the departments' portions of the general budget stayed the same. Director Roland stated that she'd take any questions. Each of the Council Members thanked Director Roland for the work she and her staff for their hard work in putting the budget together; compiling extra statistics, especially with the business and residential growth we've experienced; and making people feel that they still want to invest in our City, including with our bonds. We're able to provide a stable tax rate for 83% of the residents, either equal to or lower than the past year. Mayor Bailey stated that we're very careful with the tax dollars of this community and we're very conservative. Usually the revenue is more than the expenditures, so it's obviously a win for us. We plan for years in advance, too, so other than setting the budget for 2019, we're also looking at what effect that will have in 2020 and beyond. Motion by Council Member Dennis to Adopt Resolution 2018-110 certifying the 2019 Preliminary Property Tax Levy in the amount of$15,695,000; second by Council Member Thiede. Motion carried: 5-0. 12. COUNCIL COMMENTS AND REQUESTS Council Member Dennis stated on September 18 and 19, there will be two different meetings here at City Hall, in the Training Room; September 18 is the Minnesota 3M PFC Settlement, citizen and business group, and September 19 is the Minnesota 3M PFC Settlement, government and 3M working group. Council Member Dennis stated that they'd been monitoring how things had been coming together with these work groups and he felt things had been moving a little bit slow. He wanted to know if there would be any value or interest by the City in terms of producing either a position statement or some other type of letter that we could serve to the State on behalf of the City to just basically reinforce that we have temporary filtration systems in place here. We understood and knew that it took time to achieve a solution and develop a plan that could be implemented, and then this thing had to be built. All of the while, the clock is ticking. Administrator Stevens shared that on behalf of some of the member cities, Woodbury, Cottage Grove, Lake Elmo, and Oakdale, they have all been reinforcing with these work groups that we need a viable solution here, sooner rather than later. Council Member Dennis stated he brought this up just to let residents know that we've not by any means forgotten about our water situation. We're actively working on this, and working together as a group in order to come to a very positive end as a solution for our residents in the area. Council Member Thiede stated that he wanted to remind people that on the evening of September 13, in the Training Room at City Hall, there will be an informational open City Council Meeting Minutes September 5, 2018 Page 12 house for anybody who's living along East Point Douglas Road regarding the noise barrier to Highway 61, so they should attend to make sure they voice their opinion on that topic. Council Member Thiede stated that on October 23, at the Hope Glen Farm, Oktoberfest will take place, which is a fundraiser for the Stone Soup Thrift Shop. Mayor Bailey stated that tomorrow evening, September 6, the League of Women Voters will be holding a candidate forum; that evening it will be specific to the Washington County Commissioner. It will be an opportunity to come and listen to the candidates for that position. On Tuesday evening, September 11, in the Cottage Grove Council Chambers will be a candidates' forum for the Cottage Grove and Newport City Council; that's an opportunity for those vying for that position in those communities to speak and answer questions from the public. On the evening of September 13, in the Cottage Grove Council Chambers, it will be the candidates' forum for the House of Representatives, Districts 54A and 54B. The candidates will be there to speak and answer questions from the public. Mayor Bailey encouraged everyone to get involved; it will be broadcast live on cable or you may attend in person. You will be able to submit questions. Mayor Bailey stated that the Cottage Grove Public Safety Department has a Citizens' Academy, and they'd done it for quite a few years. The deadline to register to be part of the Citizens' Academy is Friday, September 7. To date, there are only two people who have registered for this program. Mayor Bailey asked Public Safety Director Pete Koerner how many people could register for the program; Director Koerner stated they liked to have at least 14 people register. Mayor Bailey asked Director Koerner if there was an age limit; Director Koerner stated they need to be 18 years of age or older. Mayor Bailey stated this experience will give you a deep dive into public safety; his wife attended and really enjoyed it. He encouraged everyone to do it as it's a great experience. There is no cost to participate in the program. 13. WORKSHOPS — OPEN TO PUBLIC A. Appeal of Multiple Animal License Denial Staff Recommendation: 1) Consider applicanYs appeal of a multiple animal license denial at 77151verson Avenue South. 2) Uphold the Public Safety DepartmenYs denial of a multiple animal license at 77151verson Avenue South or overturn the decision and approve the appeal. Mayor Bailey called to order a hearing on the matter of a denial of a multiple animal license application made by James Costello, 7715 Iverson Avenue South. Mayor Bailey explained the hearing process; everyone present to testify would be identified and it would be determined if they were testifying for the City or for the dog owners. Mayor Bailey stated the City would present its witnesses first and then the dog owners could present their witnesses. Interested parties or neighbors may offer testimony after all the City Council Meeting Minutes September 5, 2018 Page 13 dog owners' witnesses have testified. Any exhibits or documentation may be referred to in your testimony, but please provide them to the City Clerk to be entered into the record at the end of the hearing. When all witnesses had testified, the hearing would be closed. At that point, the Council would deliberate and come to a decision. These proceedings are being recorded, and we want to make a clear recording; only one person should speak at a time, and please do not interrupt or talk over someone. Both sides will have an opportunity to ask questions of every witness, so please wait your turn. Mayor Bailey stated he would start with the City. Sergeant Mike McCormick stated he represented the City animal control as well as the Community Service Officers (C.S.O.$). For the City, C.S.O. Lauden Rinzel was here, as he actually took the call and made some of the decisions regarding the call, and neighbors Doug and Jodie Kaufmann were also there as witnesses. Sergeant McCormick stated that on 7-23-18, a C.S.O. was sent to the address of 7715 Iverson Avenue on a report of too many dogs, as one concerned neighbor had called. It was found that Mr. Costello had too many dogs at his home; at that point, he was requested to petition his neighbors to see if it was okay with them if he had more dogs than what was allowed by the City Ordinance for a resident. He would have to get a petition signed if he wanted multiple dogs on his property. He returned the petition to the City, at which point three of the six of his neighbors opposed the Costellos having a multiple dog license at their address. Although the ordinance states that the police can override that, we've always used 100% to make sure that all of the neighbors were happy. Also, upon looking at the residence and the zoning, that area wasn't fit for a multiple animal license home. Command staff convened and spoke about the situation and elected to deny the multiple animal license at that address. On approximately 8-03-18, Sergeant McCormick had a conversation with Mr. Costello, who stated that he was a dog breeder. He also mentioned that he had a dog that was going to have puppies and voiced some concerns over his business with that. Sergeant McCormick called C.S.O. Rinzel, who had responded to the address, to testify. C.S.O. Rinzel stated that on 7-23-18, he was dispatched to the address of 7715 Iverson Avenue for a report of too many dogs living at the residence. Before he arrived, he asked support staff to see if there were dog licenses at that address or a multiple animal license. He was informed that there were four animal dog licenses on file, but no multiple animal license and no kennel license. C.S.O. Rinzel responded to the address and spoke to James Costello. He asked him about the situation and how many dogs he owned; Mr. Costello stated that he owned four dogs and was watching an additional one, for a total of five. C.S.O. Rinzel explained the ordinance to him and that he needed to have a multiple animal license in order to have more than three dogs; he told Mr. Costello how that process worked and told him he could go talk to his neighbors and get the necessary signatures. City Council Meeting Minutes September 5, 2018 Page 14 C.S.O. Rinzel stated that after he'd left the residence, he did an in-house record search of the address and found there was a barking dog complaint in May, 2018, which resulted in another C.S.O. making contact with James' wife about the situation. It was discussed that he needed a multiple animal license, as he owned four dogs. So, Mr. Costello was advised at that point that he needed a multiple animal license, but on 7-23-18, there was still not one on file. On 7-31-18, C.S.O. Rinzel followed up with Mr. Costello and asked him about the multiple animal license, as he had not seen one on file. Mr. Costello stated that he was going to obtain one on that date. C.S.O. Rinzel stated he was told that Mr. Costello came in and he'd obtained three signatures indicating that yes, he could have a multiple animal license for more than the three allowed dogs, and three of his neighbors had said no. C.S.O. Sisterman informed Mr. Costello that three neighbors had said no; a letter was later sent to the residence, advising of the same. Sergeant McCormick stated that the City would call its witnesses, Mr. and Mrs. Kaufmann. Jodie Kaufmann, 7755 Iverson Avenue South, stated that she had been at the Council Meeting on 8-22-18 and had spoken about this. She wanted to make it clear that for them the issue was not so much the three dogs and another, whom they understood was ill, as it may not last much longer, so that would bring them down to three dogs. Their main concern was the breeding, and if they're given the ability to have multiple animals, they wondered how many additional animals there could potentially be. They're nervous about having breeders in their back yard, as their yards butt up right next to each other. Also, the kennel that had been spoken about with the Costellos when they had moved in they felt would lower their property value. This has nothing to do with the Costello family; it has to do with the City law. The law was in place when they moved in 27 years ago, and the law had not changed. Mrs. Kaufmann stated if they wanted to have four dogs, they were fine with that, but they had a problem with the breeding. Sergeant McCormick stated the City had no more witnesses to call. James Costello and Jamie Costello, 7715 Iverson Avenue South, then testified. Jamie stated that at the time they moved into the residence they had four dogs, two of which were still under the age of one, and they had already paid for a puppy, which wasn't expected to arrive until the end of May and wouldn't be ready to come home until July. The law stated that there was an opportunity to obtain a multiple animal license, so that was their hope with moving here. They also had the opportunity to speak with the previous homeowner; he had assured them that their neighbors were dog friendly and that they would be all right with the dogs. When they moved in, they quickly found that the previous owner had spoken about them to many neighbors. The first neighbors they met were Jodie and Doug Kaufmann, and the first question they had asked was about their dog breeding. It's a hobby of theirs; they only have a few litters a year, never at the same time. They take care of City Council Meeting Minutes September 5, 2018 Page 15 their dogs that get regular vet visits, etc. When they moved in, they had no intention of getting more than the five allotted animals that are allowed for a multiple animal license. They knew that once one was obtained, they could not add any more to it, and they had to slowly get their way down to three animals. Jamie Costello stated that she just didn't think that them breeding occasionally would be a problem, as the puppies stay inside the house until the last two weeks, their yard is maintained, and they don't have any offensive odors. They did not and never have had a plan to put in a kennel structure; that was never stated. There are not feces present on their property. Regarding the petition signatures, one of their neighbors barely even gave them a chance to speak before trying to slam the door in their faces, until they said that they could sign it and deny it. Another neighbor expressed his dislike for our dogs, so they hadn't received the greatest welcome. It was less than a week's time before the police were at their door, early in the morning, being woken up when our dogs hadn't even been outside; they were told that the dogs were barking. The dogs hadn't had a chance to acclimate to the environment. Basically, the dogs were outside so the Costellos could move their furniture, etc. inside. It wasn't possible to sit with the dogs outside and watch them while they were moving in. They've since taken precautions for the dogs' barking; the dogs wear bark collars. They put up a privacy screen on their chain-link fence, which really cut down on the barking now that the dogs are used to their yard and the neighbors. It's rare that they're left outside to bark. It's not their intention to cause conflict. Jodie Kaufmann previously stated that they had had a series of multiple dogs, and they'd never owned any more than the ones they have now. She had not read a law saying it was against the law to breed in the City of Cottage Grove, and they're not commercial breeders. That concluded Jodie Kaufmann's statement. Keith Cockriel, 7725 Iverson Avenue South, stated they shared about a 90-foot property line with the Costellos. He stated that before they had even moved in, some neighbors had told them that they had eight dogs and nine kids, and this was going to be a terrible situation. He stated at no point did he even know how many dogs they had. He verified that he saw a C.S.O. at their residence before they'd even gotten all of their belongings into their garage and their house, so that happened right away. At first, there were multiple dogs, which he could hear as they sat outside, and there was a little bit of barking by the dogs, but now they don't hear them. When outside, the dogs were well supervised, and the Costellos are nice people. If they're breeding dogs on their property, he would never even know it. He didn't have any issues with noise coming from that property. He didn't think there were any problems, and said that the Costellos were good neighbors and good people. Through no fault of their own, he felt they got off to a bad, unfair start. He felt they'd tried, as they'd paid money to put up the privacy screen. He felt they ought to be given some consideration for that. Betty Cockriel, 7725 Iverson Avenue South, stated her husband had just spoken. They're neighbors of the Costellos. She totally agreed with everything her husband just City Council Meeting Minutes September 5, 2018 Page 16 said. She said that they're outside all the time, and never once had they been affected by any noise, any smell, or any disturbances at all by the animals that they have. When they first moved in, there was a little barking as the dogs assimilated, but that was only a couple weeks, and then they hadn't heard anything since. Basically, we had no problem with them having multiple dogs; we don't even know that they're back there. The dogs are very healthy and very well maintained. We were one of the six families who agreed that we had no problem with them having multiple dogs. She understood other neighbors' concerns about breeding and where it would stop and how many dogs, but felt like this family had bent over backwards for the neighbors to try to do what they could to try to make everybody feel comfortable. They'd done everything they could, and she believed that they would do everything they could to stay within the multiple dog situation, even if it's a breeding situation. Kelly Glasford, 7758 Ivystone Avenue South, stated the corners of her and the Costellos' back yard butt up against each other. When the Costellos first moved in, the dogs barked because that's what dogs do, but there were new people, new smells, new sounds, etc. for the dogs. She said that when they walked around the neighborhood, people would talk about their dogs. The dogs got used to their new location, and she doesn't hear anything from them anymore besides their playful dog barks. She could not attest to the breeding part; she didn't know about that, but she heard rumors about it. She stated that she was not a fan of breeding, but as far as their family dogs, she felt that they should be allowed to have the multiple dog license for those specific dogs just because they're part of their family. They shouldn't necessarily have to leave because they knew coming in that there was potentially that possibility of getting that multiple dog license, but their dogs are very friendly. She's all for them having the multiple dog license for their specific family dogs. She's not sure if there's something separate for the breeding section, a different type of license, so she's a proponent for the actual multiple dog license. The breeding is something different, though. Mayor Bailey asked if there was anybody from the City who wanted to ask any questions of the witnesses. Sergeant McCormick stated he had no questions. Jodie Kaufmann, 7755 Iverson Avenue South, stated that first, they'd never said anything regarding the dogs barking. Second, they'd never said anything about having the Costellos eliminate one of the dogs. She wanted to make sure that was clear. Third, the breeding was a huge issue for them. She just did not want the ability to have dog breeding taking place next door. Jamie Costello stated regarding the dog breeding, the complaint for the multiple dogs had nothing to do with the dog breeding. It has to do with them owning multiple dogs. The dogs that they breed were litters, stayed with them for eight weeks, ten at the most for special circumstances. They don't get introduced to the outdoors until about the last two weeks that they live with us, and then they're off with their families. She didn't quite understand how what happened inside of their home could affect their neighbors. They own a purebred Golden Retriever that they got from a breeder, so she just didn't City Council Meeting Minutes September 5, 2018 Page 17 understand what their objection to it was if the dogs don't go outside. They took good care of their yard and their animals. James Costello stated that he'd looked at the ordinances, and he hadn't seen any ordinance that said anything about not being able to breed dogs in your home. Jamie Costello stated that they don't just have dogs solely for breeding purposes; they're our family, they sleep with our kids, they play with them. They hoped to train one of their younger dogs to be a service dog for her autistic brother. Their dogs are about more than just breeding, which was just a hobby of theirs. Kelly Glasford asked if there was a limit as to how many dogs you could have with a multiple dog license. Kelly was informed that yes, it was five dogs. Jamie Costello stated they'd obviously be back in the position that they are right now if they were to obtain another dog. We knew that provision in the multiple dog license that's listed in the ordinance, so there's no question that they were going to obtain another dog. Their latest puppy is going to be going to a guardian home at age six months; they'd just included her on it in case they'd have to take her back or if she'd have to stay with them longer. They wanted to be covered in that situation if it were to happen. James Costello stated that they always sell all of the litter; if they don't, they donate them to a service dog organization so they don't have puppies that they keep. Kandid K9s was the organization that they used. Mayor Bailey stated now the Council Members had the opportunity to ask the witnesses questions. Council Member Thiede asked what the average litter size was; James stated that the last one was seven puppies, and they tend to go down as dogs age, but it depends on the female. James stated the one that had the last litter, it was probably her last litter, and then they won't have another puppy that's old enough for another year so it's not like they're constantly breeding and there were going to be all kinds of dogs there. Mayor Bailey stated as soon as a dog had a litter, it obviously pushed it further over the limit; James Costello stated the ordinance said dogs six months old had to be licensed, and they're not going to be six months old. Mayor Bailey asked if there was something in our ordinance that talked about breeding. City Attorney Korine Land stated that there was nothing in the ordinance about that. What it said was anybody could move into the City with three dogs, and they needed to be licensed after they're six months. If you want to have a multiple animal license, you can have up to five. But, in that approval, through attrition or timeframe, you need to go down to three. So, you eventually will be in compliance and you don't get five forever. The limit is five. If you have more than five, and we're not talking about temporary or permanent, it says if you have more than five dogs or cats, then you must get a kennel license. So, those are the ordinances that City Council Meeting Minutes September 5, 2018 Page 18 we're applying. If they want five, that's what the multiple animal license is for and you could allow up to five, but there must be something in that resolution that says either by a specific date or through attrition that they will go down to three. They don't get to go back up to five just because they had a multiple animal license. You don't get to have more than five when they have a litter of puppies that puts them over the limit. The ordinance doesn't specify the length of time. The fact is there will be more than five, and that would be a violation of the license. Jamie Costello stated the ordinance said dogs and not puppies; they are newborn puppies, they stayed in a little box for most of their time with them. She stated she didn't see how these puppies that you could fit in your hand were such a big problem. Mayor Bailey stated obviously the dogs get big and they're nice and beautiful, but they won't be that small; Jamie stated they don't even see them when they get that big unless there's a neighborhood friend who gets a puppy. They're not even old enough to be spayed or neutered by eight weeks; she felt it was just ridiculous for it to be considered that they're in breach of a multiple dog situation because of these puppies. They don't affect anybody unless you happened to be inside of their house. James Costello stated that before they moved in he talked to somebody at City Hall about puppies, and they said that that was not considered, but it was just adult dogs, over six months. Mayor Bailey stated they were probably referring to a license. Mr. Costello stated that no, he told her exactly what they did and specifically asked about having a litter. Council Member Johnson confirmed with Attorney Land that the multiple animal license was a temporary license for allowing up to five, with a plan of going down to three; at the point you reach three, at no time are you allowed to go back above that three or you'd be in violation. Council Member Johnson advised Mr. Costello that they were never going to be able to go above three again, and Mr. Costello stated that they understood that. Council Member Johnson stated regarding the fairness of the puppies, what they're looking at is what the ordinance said, which is a totally different thing. Jodie Costello stated it said adult dogs over six months. She wanted to know a good reason as to why something that never left their house until the last weeks and wasn't outside for very long, how that would affect their neighbors when they don't even see them, they wouldn't know about them, and they were being cared for. Mr. Costello questioned Jodie and Doug Kaufmann and stated they currently had seven puppies because their dog just had a litter; he asked them if they'd bothered them and if they'd heard them. Jodie stated there was one morning when they heard a little whimper, but she never complained about it. Jodie stated how it was going to impact them was when they went to sell their home, they'd need to tell potential buyers that there were dog breeders in the back where there's the big screen across the fence. Jamie Costello stated that the screen was there for the purpose of their dogs' barking; it had nothing to do with the puppies. Unless the dogs are playing with each other or the City Council Meeting Minutes September 5, 2018 Page 19 kids, they're pretty quiet dogs or if they want to come inside and nobody noticed them standing at the door. Regarding the puppies, they don't let the dogs outside before 9:00 a.m. and on school mornings it's probably a little bit earlier. They don't let them outside after 8:00 or 9:00 p.m. because they go to sleep with the kids. Their puppies will be three weeks old on Monday, and she stated that you wouldn't be able to hear them outside, as they're actually in her room, which is located at the front of the house. They're not big enough to be that loud that you'd be able to hear them outside of the house. Council Member Thiede stated people are more conscious of having their dogs spayed or neutered so they don't have puppies. The Costellos weren't advertising that they actually had a business, a dog had puppies, and they ultimately got rid of them, but it was happening multiple times. He wondered what the issue was unless someone happened to call in on them. Attorney Land stated that this felt very intentional and although it's been characterized as a hobby, it feels more like a business. She was concerned that perhaps we had a home occupation that they needed to be concerned about from a zoning perspective, because there are performance standards for home occupations. Some of the prohibited home occupations feel kind of like the operation that's going on. Dog breeder is not specifically listed as a home occupation that's prohibited, but the prohibited uses include animal hospitals, pet shops, pet daycares, which is obviously a similar type of use. The reason those are prohibited is because of what goes along with it; eventually, those dogs go outside, they need to urinate/defecate, and it can cause issues. The Costellos may be very responsible owners today, there may be times when they're not, so it is a dangerous precedent to set because if you allow this occupation to continue, with the multiple animal license, it's hard to deny the next one, and they might not be as responsible. Council Member Mills stated she had a question on the process; she heard something about four licenses being on record. She wanted to know what the licensing process was coming into the City and if that was looked at. Director Koerner stated that when a person comes into the City, they register their dogs. They need to be at least six months to have current shots. The clerical staff will issue a license. Often people will come in and register one or three, and he didn't know how specific they were as far as asking how many dogs they have right now. When it's brought to their attention that there are four dogs, that's generally when the staff will inform them of the process to get a multiple animal license. Mayor Bailey stated that because all of the witnesses on both sides had spoken, he was going to close the actual hearing. The Council had to deliberate now and make a decision. There were three options: We can uphold the recommendation of denial of the multiple animal license by the Public Safety Department; we can overturn it; or we can modify the decision, as it relates to the Public Safety Department. Mayor Bailey City Council Meeting Minutes September 5, 2018 Page 20 asked if any of the Council Members had any specific questions or comments that they wanted to make. Mayor Bailey stated that this was the first time we've actually had one of these appeals since he's been Mayor. It's a very difficult situation when you have a family or a home that has multiple dogs. They obviously went through the process of getting four of the dogs correct licenses, which showed him that they were following the City licensing process. Part of the process for obtaining a multiple dog license is when it triggers the situation that's before us today. He looked at what the process was and was happy to hear that in the end you could keep five dogs, but at some point you'd have to bring the number back down to three. The timeframe on that will be discussed. They also looked at what our reasons were to give people to say if you talk to all of your neighbors and all of them say we don't have an issue with this, we might not even be here today but there are three neighbors voicing an objection, who are not in favor of this process. This situation is different, as they have a website, they're breeding dogs to keep dogs and then to sell them. They said they knew coming into this that it was going to be a possible issue with the number of dogs. We have to look at what our City Ordinances say and do what's best. What happens in these situations is if we grant one because both of you appear to be very passionate about your dogs and puppies, we can't judge on who the next one is because there will be another. It happens all the time; if a decision is made that's outside the boundaries of what the ordinance states, it sets a precedent, and then people come back later and say, well, you granted it for this particular household. He stated that some of their neighbors were speaking to the multiple dogs; they were not speaking to the breeding piece. In his opinion, he felt what they needed to do was follow the denial that the Public Safety Department put forth. We need to figure out a process for them to work back down to the three dogs. Perhaps the staff could make suggestions, but Mayor Bailey stated in this particular case that unfortunately we cannot set a precedent. Council Member Dennis stated that this was a very interesting circumstance, and he stated that he felt we were trying to keep the peace between neighbors. As a former law enforcement officer, his nature tended to be very respectful of the laws. He stated he wasn't worried so much about precedent because he felt each case could be weighed on its own merits. He stated he felt the bigger issue was we had an ordinance on the books, which is fairly specific about zoning. When people move into an area, one of the things that they should be doing is some manner of due diligence up front. What's sad to him is that they had said they had a homeowner who told them that everything would be okay for them to do that. Unfortunately, whoever that was did not do you any service. Had there been some upfront work done on this to reach out to seek to understand what the City had in place, we probably wouldn't be here. We're flexible, but in this case we don't have everybody on the same page, which creates a problem. Council Member Dennis stated where he's running into a little bit of a challenge with this was that the Costellos are asking them to do something that is outside of what has been established and set up. To do that creates a problem for the other stakeholders who didn't expect to have multiple dogs, a breeding situation, etc. City Council Meeting Minutes September 5, 2018 Page 21 He felt if we were not talking about dogs but some dangerous animal, many people wouldn't want that happening. To change the rules and pull the carpet out from underneath all the other stakeholders who are there would be doing a tremendous disservice. Since we're not able to reach a consensus, he stated he can't put his support behind a breeding situation. He'd be happy to work with them and see if they could bring the number of dogs down through attrition, etc. with a reasonable timeframe for that to happen. He stated that from his standpoint, the goal is not to hurt people, the goal is to keep the peace and find a workable solution for everybody and do it in good faith. Council Member Johnson stated animals are an emotional issue, and it's very tough; he personally has a dog and two cats and he knows what they can mean to a family. As representatives of the residents of Cottage Grove, one of the things they need to do is look at the ordinances and it's ourjob to adhere to them. This ordinance had a way to make it work or work around it, if you could get the neighbors to go along with it; 50% of the neighbors did not want to go along with it. If people want to get a variance, one of the processes is getting opinions of the neighbors, and if there's an issue, then it doesn't move forward. It's a very emotional situation, but he believed we had to follow the ordinance that's in place; there was an opportunity to make it work and that didn't happen so we have to follow the direction here. He stated he would vote to uphold the denial, along with working with the timeframe to make it go from five dogs to three. He stated he definitely was not in favor of the breeding situation, but he wanted to make this as easy as possible for everybody and work with the Costello family to bring it down to the necessary level. Council Member Thiede stated that he puts a lot of stock in neighbors' comments; he felt regarding the breeding situation and the advertising that goes along with that, they should probably try to find another location, possibly with friends, who could have the litters there. He had to agree with the attrition down to three; with the puppies going, that was a temporary situation, and there's an older dog and he felt that could be allowed until that one passes and then they'd be at the three. Council Member Mills stated that she appreciated the Costellos moving forward with the right steps, but she agreed with her colleagues with moving down to the three dogs. She had a concern about the breeding also, but she felt that was a separate issue. She felt that was something that we couldn't have going on in the neighborhoods on a regular basis. She stated that she'd be in support of moving the number of dogs down to three. Mayor Bailey stated that what he was hearing from the Council was agreeing with the Public Safety Department as it relates to the denial of the multiple animal license, but he stated that they also wanted to put some stipulations in there about timing. He was looking for a little guidance on how to do that. It's an emotional issue; he asked the Costellos if the smaller puppy that was there was going to a home, and he was informed it was. They would have four dogs, one a senior dog, and they're concerned about its City Council Meeting Minutes September 5, 2018 Page 22 health; Mr. Costello stated that it had heart problems. Mayor Bailey asked Attorney Land how to determine a proper date. He asked if the Council had them move down to the four dogs, with the smaller puppy removed by a certain date, if they could say when the older dog passes that would take them down to three. He asked her if that was within their ability. Attorney Land stated that if that took place they'd actually be overturning the decision of the Public Safety Department because they denied the multiple animal license. They'd said that they had to get down to three dogs right now. Attorney Land stated that they'd be overturning that and actually granting the multiple animal license up to five, because there are currently five, and then you'd need to put a date certain on when the puppy is going to be gone, and then as far as the senior dog, she'd say that whenever the senior dog dies it just cannot be replaced, and then they'd be at three. Mayor Bailey confirmed with Attorney Land that they would overturn the Public Safety recommendation and then say that they'd be granted the license for up to five, but by a certain date the small puppy had to leave and then when the older dog passed, then they'd be down to three. Mayor Bailey stated that after those things happened, they could not go back up to four or five dogs; in essence, we'd be giving them a temporary license. Attorney Land stated that it's a multiple animal license, but it's temporary in nature. So, when the number of dogs gets down to three, then it's a nonconforming use and it then becomes a legal use. The multiple animal license is moot, and they're just at three dogs like everybody else in the City. Council Member Johnson asked if we upheld it and said they had to go down to three dogs, what the normal timeframe would be for them to do so or if it had to happen immediately, by tomorrow. Attorney Land stated that no, it would be a reasonable standard. We'd say you need to find homes within a couple of weeks or 30 days, certainly no longer than that, as that's reasonable. Council Member Johnson stated we're concentrating on the senior dog, but he wondered if it could be worded that they need to get it down to three dogs, but we don't have to concentrate on the one senior dog and Attorney Land agreed. Council Member Johnson asked what the difference was between overturning and modifying. Attorney Land stated you'd either be upholding it or overturning it, which is what you're doing. Attorney Land stated that she'd request a specific date when the puppy would be leaving so they can put that in the motion. Attorney Land stated if you're upholding the denial, then you're just denying. Mayor Bailey suggested that they overturn the initial denial and then go ahead and grant the multiple license but state that the one puppy needs to be out of the household by a certain date and the idea is that they need to get down to three dogs. Motion by Council Member Dennis to overturn Public Safety's recommendation by allowing specific terms with direction to seek an outcome of three dogs, thereby gaining compliance with the ordinance, and provide a stipulation by December 31 to get down City Council Meeting Minutes September 5, 2018 Page 23 to at least four dogs, and work through attrition to get down to the three-dog limit with a condition of no further breeding, and authorize the Police Department to prepare a resolution for execution by the City Clerk, which will be provided to the owners; second by Council Member Thiede. Motion carried: 5-0. 14. WORKSHOPS — CLOSED TO PUBLIC — None. 15. ADJOURNMENT Motion by Council Member Dennis, second by Council Member Thiede, to adjourn the meeting at 9:33 p.m. Motion carried: 5-0. Minutes prepared by Judy Graf and reviewed by Joe Fischbach, HR Manager/City Clerk.