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HomeMy WebLinkAbout2012-01-18 MINUTESCOTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting January 18, 2012 OPEN FORUM Mayor Myron Bailey opened Open Forum at 7:15 p.m. and stated that during Open Forum a person may address the City Council on subjects not a part of the regular meeting agenda, but must limit their remarks to two (2) minutes per person. The purpose of Open Forum is to give the public an opportunity to provide information or to request action by the City Council. It may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Open Forum will adjourn to the regular meeting at 7:30 p.m. The following were present: Mayor Myron Bailey, Council Member Derrick Lehrke, Council Member Justin Olsen, Council Member Jen Peterson, and Council Member Dave Thiede. The following were absent: None. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Corrine Heine, City Attorney- Kennedy & Graven; Jennifer Levitt, City Engineer; Craig Woolery, Public Safety Director; and Les Burshten, Public Works Director. Mayor Bailey opened Open Forum at 7:15 p.m., and asked if anyone in the audience wished to address the City Council on any topic not on the agenda. Kathy Lewandowski, 9043 75 Street South, Cottage Grove, advised the City Council that she still sees Public Works employees driving not wearing their seatbelts and with cell phones in hand. If there were an accident, the taxpayers would pay dearly. Bob Zick of Inside TV read aloud the City's Goals and expressed concern about how the City has turned public access TV into government access TV and have denied the citizens the right to hear from other citizens of the City. Mr. Zick asked the City Council to give the people back their public access television. Tim Lindblum, 7733 Jeffery Avenue South, Cottage Grove, stated he was here tonight to ask what the City's procedures were in appraising homes in Cottage Grove. Mayor Bailey responded that Staff would answer that question during the public improvement hearing later on the agenda. Ken Larson, 9140 75 Street South, Cottage Grove, expressed concern about vehicles speeding along 75 Street South where the road is posted at 25 miles per hour. Cottage Grove City Council January 18, 2012 Regular Meeting Linda Lehrke, 8186 Hemingway Avenue South, Cottage Grove, stated that for 16 -18 years, she videotaped programs for Crossroads Church on public access television and expressed disappointment that the Cable Commission would not continue this practice. Mayor Bailey closed Open Forum to the Regular Meeting. CALL TO ORDER — Regular Meeting The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on January 18, 2012 at the Cottage Grove City Hall, 7516 80 Street South. Mayor Bailey called the meeting to order at 7:30 p.m. PLEDGE OF ALLEGIANCE The audience, staff and the Mayor and Council Members pledged allegiance to the flag of the United States of America. ROLL CALL The following were present: Mayor Myron Bailey, Council Member Derrick Lehrke, Council Member Justin Olsen, Council Member Jen Peterson, and Council Member Dave Thiede. The following were absent: None. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Corrine Heine, City Attorney- Kennedy & Graven; Jennifer Levitt, City Engineer; Craig Woolery, Public Safety Director; and Les Burshten, Public Works Director. Mayor Bailey presided over the meeting. ADOPTION OF AGENDA MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 5- 0. 2. PRESENTATIONS - None. 3. APPROVAL OF MINUTES Cottage Grove City Council January 18, 2012 Regular Meeting A. October 19, 2011 Regular Meeting There being no amendments to the minutes, Mayor Bailey stated that the minutes of the October 19, 2011 Regular Meeting stand approved as presented. B. November 2, 2011 Regular Meeting There being no amendments to the minutes, Mayor Bailey stated that the minutes of the November 2, 2011 Regular Meeting stand approved as presented. 4. CONSENT CALENDAR The City Council pulled items H, F, E, and B for discussion purposes only MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER THIEDE, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: i. ENVIRONMENTAL COMMISSION MEETING FROM NOVEMBER 9, 2011. ii. ADVISORY COMMITTEE ON HISTORIC PRESERVATION (ACHP) MEETING FROM NOVEMBER 15, 2011. iii. PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION MEETINGS FROM NOVEMBER 14, 2011 AND JANUARY 10, 2012. B. AUTHORIZE SUBMITTAL OF THE WELLHEAD PROTECTION PROGRAM EVALUATION TO THE MINNESOTA DEPARTMENT OF Misr 9:1 C. ADOPT RESOLUTION NO. 2012 -002 A RESOLUTION APPROVING THE SUBMITTAL OF THE JAMAICA AVENUE BETWEEN 70 AND MILITARY ROAD APPLICATION FOR LOCAL ROAD IMPROVEMENT PROGRAM FUNDING. D. ITEM MOVED TO 8.C. E. APPROVE THE STANTEC AND S.E.H. RATE SCHEDULE FOR MUNICIPAL ENGINEERING SERVICES FOR 2012. F. APPROVE THE APPOINTMENT OF LISE REDISKE TO FULFILL AN UNEXPIRED TERM ON THE PLANNING COMMISSION ENDING Cottage Grove City Council January 18, 2012 Regular Meeting �+ FEBRUARY 29, 2012 AND TO APPROVE THE APPOINTMENT OF CHRIS REESE TO FULFILL AN UNEXPIRED TERM ON THE PLANNING COMMISSION ENDING FEBRUARY 28, 2013. G. APPROVE CHANGE ORDER NO. 1 FOR THE WEST POINT DOUGLAS ROAD EXTENSION PROJECT INCREASING THE ORIGINAL CONTRACT AMOUNT FROM $941,784.40 TO $951,277.41. H. ADOPT RESOLUTION NO. 2012 -003 A RESOLUTION CALLING FOR THE SALE OF $1,870,000 GENERAL OBLIGATION (G.O.) IMPROVEMENT BONDS TO FINANCE THE 2010 AND 2011 PAVEMENT MANAGEMENT PROJECTS FOR FEBRUARY 15, 2012. MOTION CARRIED. 5 -0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES — None. 6. PUBLIC HEARINGS A. Continue the Public Hearing from November 16, 2011 to Consider a Written Spending Plan for Tax Increment Expenditures Mayor Bailey opened the public hearing to consider a written spending plan for Tax Increment Expenditures. There being no comments or objections, Mayor Bailey closed the public hearing. No action taken. B. Hold the Public Hearing and Consider Adopting the Resolution Ordering the Project and Authorizing Preparation of Plans and Specification for the 2012 Pavement Management District C1. City Engineer Levitt highlighted the public improvements included in the 2012 Pavement Management Project District C1 notinq that the project was approximately 2.82 miles of streets located north of 80" Street and east of Jamaica Avenue. The proposed improvements include streets, storm sewer, sanitary sewer, water main, park improvements and trail and the approximate total assessment proposed was $4,340.55 per parcel. City Administrator Schroeder advised the City Council that for the record the City received written objections to the public improvement project and /or the proposed interest rate, which are attached to and made a part of the original minutes. The objections represent about 38 percent of the impacted properties. Cottage Grove City Council January 18, 2012 Regular Meeting Council Member Olsen suggested postponing all pavement management projects for the next 12 months to reconvene the Infrastructure Maintenance Task Force (IMTF) to enhance the Public Works Commission and ask them to (1) Review the current sealcoating practices and policy; (2) Take a look at updating the cost - sharing policies, research how other peer communities handle this and talk further about what our practices and policies might be; (3) Look at the current interest rate that we are charging; (4) Talk about park and trail improvements; (5) Look at the appeals policy; and (6) Look at the benefit appraisal process. MOTION BY OLSEN, SECONDED BY THIEDE, TO DELAY ANY PAVEMENT MANAGEMENT PROJECT FOR AT LEAST 12 MONTHS AND GIVE THE INFRASTRUCTURE MAINTENANCE TASK FORCE (IMTF) AN OPPORTUNITY TO RE- EVALUATE OUR CURRENT POLICIES AND PRACTICES AND COME BACK TO CITY COUNCIL WITH A RECOMMENDATION. Council Member Lehrke suggested referring this to the Public Works Commission in lieu of a separate task force. Council Member Olsen stated that he was not suggesting that we have two (2) separate groups, he was suggesting that the Public Works Commission be enhanced by the members of the original IMTF who may be interested in providing their time because they have the institutional knowledge to come back and say, at the time that we adopted these policies, this is what we were thinking, so they can provide some context that otherwise might not be available. He stated that the Public Works Commission would do the heavy lifting. Council Member Lehrke asked Council Member Olsen if he would be amenable to the IMTF members serving as ex- officio members to the Commission. Council Member Olsen stated he thinks that if the body decides that is what they would like to direct staff to do, that would be acceptable. Council Member Thiede asked if we do not order this project tonight, is it still possible to complete the park and trail improvements that are not assessed. City Administrator Schroeder stated that the parks are completed only as part of a pavement management project. We do not have a process in place or budget to complete the park improvements independently. We could create a new project if the Council wished, but we do not have one right now. Cottage Grove City Council I G January 18, 2012 Regular Meeting I V Council Member Peterson asked City Engineer Levitt how that would affect the trail underpass. City Engineer Levitt stated that we have a separate agreement with the Watershed District, when we bring the agreement back to the Council, the City Council could create a funding source to pay for the underpass. Mayor Bailey asked each person to keep their remarks to two (2) minutes per person. The City Council then heard testimony in opposition to the project, cost, and proposed interest rate from Kathleen Sundberg, 9211 79 Street South; Patrick Johnson, 9225 78 Street South; Tim Lindholm, 7733 Jeffery Avenue South; Ken Sundberg, 9211 79 Street South; Dan Prokop, 7650 Jensen Avenue South; Dan Schmidt, 7735 Jasmine Avenue South; Kathy Lewandowski, 9043 79 Street South; Jordan Bieber, 7723 Jasmine Avenue South; Jerome Fischer, 7420 Jeffery Lane South; Larry Richie, 7676 Jasmine Avenue South; Deb Mickelson, 7840 Janero Avenue South; Eric Lundeen, 7618 Jasmine Avenue South; and Jeff Brown, 7753 Jasmine Avenue South. Mayor Bailey closed the public hearing and stated that he would be abstaining from voting on the motion on the table. Council Member Olsen re- stated his motion to delay any pavement management projects for at least 12 months and would like the Public Works Commission and members of the original IMTF to review the pavement management policies, specifically those that deal with seal coating, the assessment cost share, and how it relates to other communities, paying cash at certain points, the current interest rate policy and whether or not it was something that needed to be changed for any future pavement management projects that would be ordered, review the current practice for park improvements and trail improvements to make sure there is sufficient value to either continuing the existing practice or changing it, and lastly, review the benefit appraisal policy. Council Member Olsen stated that Council Member Lehrke's suggestion that members of the IMTF serve as ex- officio members without voting rights would have to be a separate motion. He stated he would like the Public Works Commission and former IMTF members to work together to review the various elements of the existing special assessment policy. Council Member Lehrke asked if we would be creating a new commission, bringing the old IMTF members back to be ex- officio members of the Public Cottage Grove City Council January 18, 2012 Regular Meeting Works Commission, or would we be asking them to come and spend a couple of meetings with the Public Works Commission. Council Member Olsen clarified for Council Member Lehrke that the Public Works Commission would be responsible for taking this on as part of their work plan and they would invite the former members of the IMTF to be a part of the conversation. MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER THIEDE, TO AMEND THE ORIGINAL MOTION TO ALLOW THE MEMBERS OF THE FORMER IMTF TO SERVE AS EX- OFFICIO MEMBERS ON THE PUBLIC WORKS COMMISSION. Mayor Bailey stated that he would like to see the Public Works Commission in charge of the project and that they would invite the IMTF to attend their meetings as ex- officio members. UPON VOTE BEING TAKEN ON THE ORIGINAL MOTION AS AMENDED, MOTION CARRIED. 4 -0 -1. Mayor Bailey asked the City Clerk to conduct a roll call vote on the motion as amended. COUNCIL MEMBER LEHRKE VOTED AYE; COUNCIL MEMBER OLSEN VOTED AYE; COUNCIL MEMBER PETERSON VOTED AYE; COUNCIL MEMBER THIEDE VOTED AYE, AND MAYOR BAILEY ABSTAINED. MOTION CARRIED. 4 AYES. 0 NAY. 1 ABSTAINED. The Council took at five - minute break at 9:30 p.m. 7. BID AWARDS — None. 8. UNFINISHED AND NEW BUSINESS A. Allow the Rearesentatives for ADDle Minnesota. LLC. DBA/ADDlebee's Neighborhood Grill & Bar; Veteran's of Foreign Wars, DBA/Cottage Grove VFW Post 8752; and MOPECA of Cottage Grove Inc., DBA/Las Margarita's Bar and Grill, to Admit or Deny the Allegations that their Establishments Sold Alcohol to a Minor, under 21 Years of Age, During a Public Safety Department Compliance Check on November 29, 2011. City Clerk Stransky highlighted the request to allow representatives of Applebee's Neighborhood Bar & Grill, Cottage Grove VFW, and Las Cottage Grove City Council p January 18, 2012 Regular Meeting O Margaritas Bar & Grill to admit to or deny the allegations that their establishments sold alcohol to a minor during a Public Safety Department alcohol compliance check held on November 29, 2011. She noted that Applebee's Neighborhood Bar & Grill has contacted her and has requested an extension to consider the alleged violation until the February 1, 2011 City Council meeting. City Clerk Stransky stated that Staff recommends that the City Council postpone action on the Applebee's compliance check to the February 1 meeting and to allow representatives of the VFW and Las Margaritas to admit or deny the allegation that they sold alcohol to a minor. If they admit to the violation or they fail to appear tonight, it was recommended that the City Council impose a $500 fine against the VFW for their first violation in a 24 -month period and impose a $1,000 fine against Las Margaritas for their second violation in a 24 -month period. This is based on how the ordinance read at the time of the violation, not based on the amendments that the City Council made to the City Code at their meeting in December 2011. Public Safety Director Woolery explained that the ordinance was updated in 2007 but the fine schedule was never amended. Council Member Lehrke asked what the violation would be on the former schedule for three (3) violations in a 24 -month period. Public Safety Director Woolery responded $1,500. City Clerk Stransky informed the City Council that the VFW telephoned her today to advise her that they would not be attending the meeting and that they would be pay the $500 fine. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO IMPOSE A $500 FINE AGAINST THE COTTAGE GROVE V.F.W., FOR THEIR FIRST VIOLATION IN A 24- MONTH PERIOD. MOTION CARRIED. 5 -0. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER LEHRKE, TO POSTPONE TAKING ACTION ON APPLEBEE'S VIOLATION UNTIL THE NEXT REGULAR MEETING. MOTION CARRIED. 5 -0. Nora Perez, Manager of Las Margarita's Bar and Grill, admitted their establishment sold alcohol to a minor and stated that they have initiated in- house training and her employees have been attending the training course provided by Washington County. To prevent future incidents they are purchasing a calendar and two digital (2) scanners. Cottage Grove City Council January 18, 2012 Regular Meeting Council Member Olsen stated that it may be worthwhile for us to consider cutting the fine in half in light of the fact that have already spent $800 to try to make internal improvements. Mayor Bailey stated that he was opposed to reducing the fines. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO IMPOSE A $1,000 FINE AGAINST THE OWNER OF LAS MARGARITA'S BAR & GRILL FOR A SECOND VIOLATION IN A 24 -MONTH PERIOD. MOTION CARRIED. Mayor Bailey asked the City Clerk to conduct a roll call vote on the motion. COUNCIL MEMBER LEHRKE VOTED AYE; COUNCIL MEMBER OLSEN VOTED NAY; COUNCIL MEMBER PETERSON VOTED AYE; COUNCIL MEMBER THIEDE VOTED AYE; AND MAYOR BAILEY VOTED AYE. MOTION CARRIED. 4 AYES. 1 NAY. B. Consider Scheduling a Special Meeting of the Cottage Grove City Council on Wednesday, February 1, 2012 at 6:30 p.m. to Evaluate the Existing Penalties and the Administrative Fines for the sale of Alcohol to a Minor. Removed from agenda. C. Receive Air Monitoring Report Tom Henning of Short Elliott Hendrickson, Inc. (SEH) presented the findings of the Cottage Grove Ambient Air Monitoring First Year (Baseline) Report. He noted that 3M is in the process of renewing their air permit and one of the things they want to change was to allow 3M to accept non -3M generated wastes in their incinerator. The City and 3M came up with an agreement to conduct this ambient monitoring. The plan is to have up to three -years of monitoring. Mr. Henning stated that SEH conducted ambient monitoring for the 12- month period from October 2010 through September 2011. He stated that his memorandum in the Agenda packet highlights the results of the first 12 months of monitoring. 3M did not accept non -3M generated wastes during the period so the results represent "baseline" conditions. Monitoring would be restart if 3M begins accepting non -3M generated wastes and would continue for one (1) or two (2) additional years. Cottage Grove City Council 0 January 18, 2012 Regular Meeting Mr. Henning then highlighted the methods and equipment used documenting the weather conditions for each sampling, and the results of each sampling. He presented the compounds not detected, a comparison with health benchmarks and ambient standards, comparison with Minnesota Pollution Control Agency monitoring data, the particulate matter, metals, and volatile organic compounds. City Engineer Levitt informed the City Council that the PCA and EPA were still working on the permit. There are a number of sections that they are looking at making revisions to and she was anticipating that sometime this spring we would see the permit before the Council for public comment. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS — None. 10. COUNCIL COMMENTS AND REQUESTS Council Member Peterson stated that the Cottage Grove Skate Night at Highlands Pond would be held on January 21; the next Beyond the Yellow Ribbon meeting is on February 21; and the Stone Soup Thrift Shop was hosting their annual Stone Souper Bowl in May. Mayor Bailey stated that he attended a tournament at the Cottage Grove Ice Arena when an ice resurfacer broke down, and he asked Public Works Director Burshten for a status report because it was not the resurfacer we were planning on replacing this year. He stated that he would also like to receive feedback from Staff on the cost savings so far utilizing iPod's versus paper for Council packets. 11. PAY BILLS MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE PAYMENT OF CHECK NUMBERS 175169 THROUGH 175342 TOTALING $318,232.29 AND EFT PAYMENTS OF $121,064.58. CHECK NUMBERS 175169 THROUGH 175186 TOTALING $66,664.61 AND EFT PAYMENT TOTALING $3,282.18 WERE ISSUED PRIOR TO COUNCIL APPROVAL. MOTION CARRIED. 5 -0. Council Member Thiede stated that he noticed that Park Grove Pet Hospital received a draft totaling $15,688.59 and he understands that some of it is for pet impound fees, but asked what the $13,506 for professional services was for. Finance Director Roland explained that the City has an agreement with them and this is the last of 10 annual installments. The agreement covered the cost to relocate the pet hospital due to a redevelopment project. Cottage Grove City Council January 18, 2012 Regular Meeting 12. WORKSHOP SESSION — OPEN TO PUBLIC - None. 13. WORKSHOP SESSION — CLOSED TO PUBLIC — None. ADJOURNMENT MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCILMEMBER PETERSON, TO ADJOURN THE REGULAR MEETING AT 10:25 P.M. MOTION CARRIED. 5 -0. Prepared by, Caron M. Stransky City Clerk