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HomeMy WebLinkAbout2012-05-16 MINUTESCOTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota 7516 80' Street South Cottage Grove, MN 55016 Regular Meeting May 16, 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 three (3) minutes per person. The purpose of Open Forum is to provide 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 personal grievances, to make political endorsements, or for political campaign purposes. Open Forum will adjourn to the regular meeting promptly at 7:30 p.m. The following were present: Mayor Myron Bailey, Council Member Justin Olsen, 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. Michelle Rameriz, 8577 Greenway Avenue South, Cottage Grove, stated that she handed over some information for the Environmental Commission which includes a letter to the editor of the Pioneer Press regarding a letter that was written yesterday and she submitted a copy of that letter to the City Council. She stated that she would like to see the City become a forerunners of good policy and if we are truly going to be green like we say we are and accept wholeheartedly the awards from Governor Dayton on being green, then we also need to seriously look at backyard burning. It is an issue that needs to be considered and the Environmental Commission would be looking into it. Mayor Bailey closed Open Forum to the Regular Meeting. CALL TO ORDER — Regular Meeting Cottage Grove City Council May 16, 2012 Regular Meeting The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on May 16, 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 City 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 Jeri 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; Danette Parr, Economic Development 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 THIEDE, SECONDED BY COUNCIL MEMBER OLSEN, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 5 -0. 2. PRESENTATIONS A. Recognize a Commission Volunteer The Mayor and City Council Members presented a Certificate of Appreciation to Steve Messick and thanked him for his years of service to the community as a member of the Planning Commission. B. Business Development and Economic Development in Cottage Grove Economic Development Director Parr stated that there are three (3) main areas in relation to economic development. They are business attraction, business retention, and marketing. She then proceeded to focus on attracting business. She talked about why businesses choose a particular place, why they choose to locate in a community, and in a specific location. 3. APPROVAL OF MINUTES — None. Cottage Grove City Council May 16, 2012 Regular Meeting 4. CONSENT CALENDAR The Council pulled items L, B, M and J from the consent calendar for discussion purposes. MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER OLSEN, TO PULL ITEM J FROM THE CONSENT CALENDAR FOR A SEPARATE VOTE. MOTION CARRIED. 5 -0. MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER OLSEN, TO TABLE ITEM J, THE APPLICATION OF YASSIN WAZWAZ FOR A TOBACCO LICENSE FOR THE COTTAGE GROVE SMOKE SHOP INC., LOCATED AT 8461 EAST POINT DOUGLAS ROAD, COTTAGE GROVE. MOTION CARRIED. Mayor Bailey asked Human Resources Coordinator Joe Fischbach to conduct a roll call vote. COUNCIL MEMBER LEHRKE VOTED AYE, COUNCIL MEMBER OLSEN VOTED AYE, MAYOR BAILEY VOTED NAY, COUNCIL MEMBER PETERSON VOTED AYE, AND COUNCIL MEMBER THIEDE VOTED NAY. MOTION CARRIED. 3 AYES — 2 NAYS. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO: A. ACCEPT AND PLACE ON FILE THE MINUTES OF THE: i. ENVIRONMENTAL COMMISSION MARCH 14, 2012 AND APRIL 11, 2012 MEETINGS. B. ADOPT RESOLUTION NO. 2012 -046 A RESOLUTION PROCLAIMING THE WEEK OF MAY 20 THROUGH MAY 26, 2012, AS EMERGENCY MEDICAL WEEK IN THE CITY OF COTTAGE GROVE. C. PASS ORDINANCE NO. 902 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING TITLE 1 -7 -4 AND TITLE 1 -11 OF THE COTTAGE GROVE CITY CODE RELATING TO CRIMINAL HISTORY AND BACKGROUND INVESTIGATIONS. ADOPT RESOLUTION NO. 2012 -047 A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 902 BY TITLE AND SUMMARY. D. ADOPT RESOLUTION NO. 2012 -048 A RESOLUTION APPROVING THE FINAL PLAT NAMED PINECLIFF 5 TH ADDITION. Cottage Grove City Council May 16, 2012 Regular Meeting �+ E. PASS ORDINANCE NO. 903 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING CITY CODE TITLE 11, ZONING REGULATIONS, CHAPTER 3, GENERAL ZONING; SECTION 3, PROVISIONS ACCESSORY STRUCTURES; SUBSECTION A, CONSTRUCTION. ADOPT RESOLUTION NO. 2012 -049 A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 903 BY TITLE AND SUMMARY. F. PASS ORDINANCE NO. 904 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING TITLE 11, CHAPTER 10 RELATING TO BUSINESS DISTRICTS OF THE CITY CODES. ADOPT RESOLUTION NO, 2012 -050 A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 904 BY TITLE AND SUMMARY. G. PASS ORDINANCE NO. 905 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING CITY CODE TITLE 11, ZONING REGULATIONS; CHAPTER 6, RESIDENTIAL DISTRICTS; ARTICLE A, R -1 RURAL RESIDENTIAL DISTRICTS; CHAPTER 3, PERMITTED ACCESSORY USES; SUB - SECTION 3, HOME OCCUPATIONS RELATING TO THE HOME OCCUPATION PERMIT PROCESS. ADOPT RESOLUTION NO. 2012 -051 A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 905 BY TITLE AND SUMMARY. H. APPROVE THE 2012 -2014 PATROL AND 49ER LABOR CONTRACTS. ADOPT RESOLUTION NO. 2012 -052 A RESOLUTION AMENDING SECTION 14 OF THE PERSONNEL POLICY FOR THE CITY OF COTTAGE GROVE; AMENDING RESOLUTION 2011 -143 ADOPTED NOVEMBER 2, 2011; AND ADOPT RESOLUTION NO. 2012 -053 A RESOLUTION ADOPTING 2012 PAY PLAN AND BENEFITS FOR EMPLOYEES NOT COVERED BY A LABOR CONTRACT FOR THE CITY OF COTTAGE GROVE. AUTHORIZE THE ISSUANCE OF A TOBACCO SALES LICENSE TO FAMILY DOLLAR, INC., LOCATED AT 6990 80 STREET SOUTH, COTTAGE GROVE. TABLED. K. APPROVE THE PURCHASE OF THREE (3) NEW FORD POLICE INTERCEPTOR REPLACEMENT POLICE VEHICLES AND ONE (1) Cottage Grove City Council I 5 May 16, 2012 Regular Meeting UNMARKED VEHICLE FROM NELSON AUTO CENTER IN FERGUS FALLS FOR A TOTAL PURCHASE PRICE OF $104,809.07 WITH $17,990.93 TO BE ALLOCATED FOR EQUIPMENT, INSTALLATION, AND SETUP. L. AUTHORIZE RESPONSE TO THE OFFICE OF THE STATE AUDITOR. M. APPROVE THE PROCLAMATION DECLARING SUNDAY, JUNE 3, 2012 AS OFFICER FRANK MACKALL DAY IN THE CITY OF COTTAGE GROVE. MOTION CARRIED. 5 -0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES — None. 6. PUBLIC HEARINGS 7. BID AWARDS A. Consider Awarding Bid for the Belden Rail Crossing City Engineer Levitt stated that staff is recommending awarding the project to Hardrives Inc. in the amount of $95,416.80. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO ADOPT RESOLUTION NO. 2012 -054 A RESOLUTION AWARDING BID FOR THE BELDEN RAIL CROSSING TO HARDRIVES INC., IN THE AMOUNT OF $95,416.80. MOTION CARRIED. 5 -0. 8. UNFINISHED AND NEW BUSINESS A. Allow the Representative of RBF, LLC of Wisconsin, DBA Rainbow Foods to Admit or Deny the Allegations that their Business Sold Alcohol to an Underage Buyer During a Public Safety Department Compliance Check on April 10, 2012. Public Safety Director Woolery stated that on April 10 the Department completed a compliance check at 18 licensed businesses that sell alcohol; 17 passed and one (1) failed. Public Safety Director Woolery noted that the fine for a first offense in a two -year period is $500.00 plus a one -day suspension or at the City Council's discretion participation of all employees in training approved by the Public Safety Director. The fine for a second offense in a two -year period would be a $1,000 fine plus a three -day suspension; a third offense would be $1,500 fine plus a seven -day suspension; and a fourth offense would be a $2,000 plus a license revocation. Cottage Grove City Council G May 16, 2012 Regular Meeting V Chad Bersie representing Rainbow Foods stated that they have a two -hour on line training program that the cashiers have already gone through. He stated that they hope to obtain the City Council's support to allow them to continue with the on line training program. Mr. Bersie noted that all of his employees were trained within the last two (2) years and unfortunately this employee chose not to follow company policy and has been terminated. The City Council then talked about the training program that they use and whether it was a company -wide program; whether there was a tracking mechanism with the program that shows the employees who have completed the program; whether there was testing at the end of the training program; and whether the person who sold the alcohol to a minor received the online training. Mr. Bersie stated that the registers prompt where the employee has to enter a birth date and the employee chose to do the math in her head and added 18 years versus 21 years and overrode the system. Again, the employee no longer works for Rainbow Foods. Public Safety Director Woolery recommended that the City Council impose the $500 fine plus a suspension OR the training. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER LEHRKE, TO IMPOSE A $500.00 FINE AGAINST RAINBOW FOODS AND IN LIEU OF THE ONE -DAY SUSPENSION TO SUPPORT PARTICIPATION OF ALL EMPLOYEES IN AN EDUCATIONAL PROGRAM APPROVED BY THE CITY'S PUBLIC SAFETY DIRECTOR. MOTION CARRIED. 5 -0. B. Consider Approval of the Development Agreement with Stonehenge USA; Consider Adopting a Resolution Approving Modification of the Minimum Assessment Agreement with Home Depot from 2002 to Reflect the Increase in Minimum Market Value Both of Which are Necessary in Order to Provide the Opportunity for Redevelopment of the Current Home Depot Parcel at 7210 East Point Douglas Road, Cottage Grove. City Administrator Schroeder stated that there are two (2) actions requested tonight. The first is to approve the development agreement with Stonehenge USA contingent upon City Council adoption of planning authorizations. The second action item is to adopt a resolution approving modification to the minimum assessment agreement with Home Depot from 2002 to reflect the increase in minimum market value both of which are necessary in order to provide the opportunity for redevelopment of the current Home Depot parcel at 7210 East Point Douglas Road, Cottage Grove. City Administrator Schroeder stated that there is a subsequent action proposed at a future meeting that would be a similar development agreement with the owners of Grove Rainbow. Cottage Grove City Council May 16, 2012 Regular Meeting City Administrator Schroeder then explained the jobs bill, which allows for the pooling of tax increments, contemplation that Stonehenge USA would close on the purchase agreement with Home Depot and a minimum of three (3) leases with LA Fitness and two additional retail developments. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER LEHRKE, TO APPROVE THE DEVELOPMENT AGREEMENT WITH STONEHENGE USA, CONTINGENT UPON COUNCIL ADOPTION OF PLANNING AUTHORIZATIONS. MOTION CARRIED. 5 -0. MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER THIEDE, TO ADOPT RESOLUTION NO. 2012 -055 A RESOLUTION APPROVING MODIFICATIONS OF THE MINIMUM ASSESSMENT AGREEMENT WITH HOME DEPOT FROM 2002 TO REFLECT THE INCREASE IN MINIMUM MARKET VALUE BOTH OF WHICH ARE NECESSARY IN ORDER TO PROVIDE THE OPPORTUNITY FOR REDEVELOPMENT OF THE CURRENT HOME DEPOT PARCEL AT 7210 EAST POINT DOUGLAS ROAD, COTTAGE GROVE. MOTION CARRIED. 5 -0. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS — None. 10. COUNCIL COMMENTS AND REQUESTS Council Member Peterson stated that the next Beyond the Yellow Ribbon meeting is June 19. An informational meeting for the Night to Unite is May 17 at Kingston Park. Washington County Relay for Life is June 9 at East Ridge High School. The next Charter Commission meeting is May 17. The Stone Souper Bowl was May 5 and they exceeded their $50,000 fundraising goal. Mayor Bailey stated that there is a Mayor's challenge at the Relay for Life and all the money raised will go to Cancer's Answer. Council Member Olsen mentioned earlier that on June 3 there would be a benefit at the VFW for Officer Frank Mackall. He stated that at the Planning Commission meeting on May 21, the Stonehenge USA applications are on the agenda. Council Member Lehrke announced that yesterday was "Representative John Kriesel Day" in Washington County and he congratulated him for his two -years serving in the House. Council Member Thiede stated that the Strawberry Fest is a month away and encouraged residents to purchase a button and he highlighted many of the events to be held at the Fest. Cottage Grove City Council I p May 16, 2012 Regular Meeting O Mayor Bailey highlighted articles in the latest edition of the Cottage Grove Reports, that the City has launched a new website, and the Ambassadors Program is looking for contestants. Mayor Bailey stated that next week the Minnesota Pollution Control Agency will have their citizen's board meeting regarding the Incinerator Permit and City Engineer Levitt noted that the citizen's board would be taking up the Environmental Assessment Worksheet request by the Citizens Coalition group that day so they will not be acting on any issues pertaining to 3M's incinerator permit. That would be in June. Mayor Bailey stated that once they have a date, it would be publicized. City Engineer Levitt stated that the Citizen's Coalition Group had made a request to the Minnesota Pollution Control Agency to require them to prepare an Environment Assessment Worksheet which would trigger an Environmental Impact Study review of the incinerator. That is what was before the Citizen's Board and the Pollution Control Agency has made a recommendation of denial but the Board would be taking that under consideration. Council Member Olsen stated that to be clear, the question is whether there would be an Environmental Assessment Worksheet that would be required, which is what the Citizen's Board is going to consider and if indeed the requirement took place that could lead to a more detailed Environment Impact Statement. 11. PAY BILLS MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE PAYMENT OF CHECK NUMBERS 176705 THROUGH 176896 TOTALING $751,063.34 AND EFT PAYMENT OF $124,089.44. CHECK NUMBERS 176705 THROUGH 176733 TOTALING $171,242.88 AND EFT PAYMENT OF $6,307.04 WERE ISSUED PRIOR TO COUNCIL APPROVAL. MOTION CARRIED. 5 -0. 12. WORKSHOP SESSION — OPEN TO PUBLIC A. 2013/2014 Budget Direction The City Council reviewed the Finance Director's report included in the Agenda Packet on the 2013 and 2014 Budget direction. The report included a chart that reflected the amount required to be levied for debt and other projections for the two (2) year period; a chart on Washington County's "first glance" estimate for Pay 2013 tax capacity value as a decline of 7% for residential and commercial/ industrial properties; the tax capacity (tax extension) rate reflects an increase for the 2013 scenario, the total levy unchanged for 2013; tax comparison on metro cities 17,000 to 60,000 population; and the City Council direction on the rate of tax levy growth; the rate of general fund expenditure growth, and what capital projects needed to be accounted for in the levy growth. Cottage Grove City Council May 16, 2012 Regular Meeting The Finance Director's report also included the budget calendar, Washington County's preliminary pay 2013 values of taxable property, and the General Fund Fund Summary. 13. WORKSHOP SESSION - CLOSED TO PUBLIC - None. ADJOURNMENT MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO ADJOURN THE REGULAR MEETING AT 10:00 P.M. MOTION CARRIED. 5 -0. Prepared by, Caron M. Stransky City Clerk