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Home My WebLink About2008-11-05 MINUTESREGULAR MEETING COTTAGE GROVE CITY COUNCIL November 5, 2008 OPEN FORUM — 7:15 p.m. Open forum provides a person an opportunity to inform the Council of a problem or to request information related to City business not scheduled for Council action and on the Agenda. Present: Mayor Sandy Shiely Council Member Myron Bailey Council Member Mark Grossklaus Council Member Fred Luden Council Member Pat Rice Also Present: Ryan Schroeder, City Administrator Howard Blin, Community Development Director Les Burshten, Public Works Director Ron Hedberg, Finance and Administrative Services Director Jennifer Levitt, City Engineer Craig Woolery, Public Safety Director Not Present: None. Mayor Shiely opened the Open Forum at 7:15 p.m. There being no speakers, Mayor Shiely closed the Open Forum at 7:15 p.m. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on Wednesday, November 5, 2008, at the Cottage Grove City Hall, 7516 80 Street South. Mayor Shiely called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor Sandy Shiely Council Member Myron Bailey Council Member Mark Grossklaus Council Member Fred Luden Council Member Pat Rice Regular Meeting — November 5, 2008 Cottage Grove City Council Also Present: Ryan Schroeder, City Administrator Howard Blin, Community Development Director Les Burshten, Public Works Director Ron Hedberg, Finance and Administrative Services Director Corrine Heine, City Attorney Jennifer Levitt, City Engineer Craig Woolery, Public Safety Director Not Present: None. ADOPTION OF AGENDA MOTION BY BAILEY, SECONDED BY GROSSKLAUS, TO APPROVE THE AGENDA AS SUBMITTED. MOTION CARRIED 5-0. PRESENTATIONS None. APPROVAL OF MINUTES A. October 1, 2008, Reqular Meetinq Mayor Shiely stated that the minutes stood approved as submitted. CONSENT CALENDAR Council Member Bailey pulled Item H to recognize and thank Kathy Klein for her service on the Public Safety, Health and Welfare Commission and other City venues. Council Member Rice pulled Item K to acknowledge donations to the Ice Arena Expansion totaling $9,175 from Chris and Tammy Anderson, Dave and Tina Weeks families, Kraus Anderson, Ron Simmons, Richard Houle, Mike and Shelly Kielsa, and Full Measure Construction. MOTION BY RICE, SECONDED BY LUDEN, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: I. ECONOMIC DEVELOPMENT AUTHORITY MEETING FROM SEPTEMBER 2008. II. PLANNING COMMISSION MEETING FROM SEPTEMBER 22, 2008. B. AUTHORIZE ISSUANCE OF A TOBACCO LICENSE TO DEREK INC./DBA COTTAGE GROVE SMOKE SHOP, LOCATED AT 8461 EAST POINT DOUGLAS ROAD. r. Regular Meeting — November 5, 2008 Cottage Grove City Council C. ADOPT RESOLUTION NO. 08-189 APPROVING FINAL PAYMENT IN THE AMOUNT OF $10,604.25 TO KEYS WELL DRILLING COMPANY FOR THE DEEP WELL NO. 10 MAINTENANCE. D. APPOINT MICHAEL LINSE TO THE PLANNING COMMISSION TO FULFILL AN UNEXPIRED TERM THAT ENDS ON FEBRUARY 28, 2011. E. AUTHORIZE STAFF TO PARTICIPATE WITH THE FUEL CONSORTIUM PURCHASE PROGRAM FOR STATE OF MINNESOTA AGENCIES AND COOPERATIVE PURCHASING VENTURE MEMBERS FOR THE 2009 FUEL PURCHASES. F. ADOPT RESOLUTION NO. 08-190 AUTHORIZING THE APPLICATION FOR A 100- PERCENT REIMBURSABLE GRANT FROM THE MINNESTOA DEPARTMENT OF TRANSPORTATION SAFE ROUTES TO SCHOOL PROGRAM TO USE FOR THE INSTALLATION OF A BITUMINOUS TRANSPORTATION TRAILWAY ON 65 STREET BETWEEN HINTON AVENUE AND THE COTTAGE GROVE ELEMENTARY SCHOOL CAMPUS, AND A BITUMINOUS RECREATIONAL TRAILWAY FROM 8p STREET TO THE KINGSTON PARK/INDIAN BOULEVARD SCHOOL CAMPUS. G. PASS ORDINANCE NO. 847 AMENDING SECTIONS 3-2-9, 3-2-12, 3-3-12 OF THE CITY CODE AND REPEAL SUBSECTION F OF SECTION 5-3-15 OF THE CITY CODE RELATING TO LAWFUL GAMBLING AND ADOPT RESOLUTION NO. 08-191 AUTHORIZING PUBLICATION OF THE ORDINANCE BY TITLE AND SUMMARY. H. ACCEPT THE RESIGNATION OF KATHY KLEIN FROM THE PUBLIC SAFETY, HEALTH AND WELFARE COMMISSION AND DECLARE AN OPEN SEAT. I. RECEIVE INTERIM FINANCIAL REPORT THROUGH SEPTEMBER 2008. J. ADOPT RESOLUTION NO. 08-192 APPROVING FINAL PAYMENT IN THE AMOUNT OF $38,684.48 TO IMPERIAL DEVELOPERS, INC. FOR THE PINETREE VALLEY POND IMPROVEMENTS AND ICE ARENA EXPANSION SITE IMPROVEMENTS. K. ADOPT RESOLUTION NO. 08-193 ACCEPTING DONATIONS TOTALING $9,175 FOR THE ICE ARENA EXPANSION PROJECT. L. RECEIVE INVESTMENT REPORT FOR SEPTEMBER 2008. M. RECEIVE ADDITIONAL INFORMATION ON THE UPGRADE TO THE FINANCE SOFTWARE AND AUTHORIZE STAFF TO ENTER INTO AN AGREEMENT WITH TYLER TECHNOLOGIES TO UPGRADE THE FINANCE SYSTEM SOFTWARE FROM THE PACE TO SILVERBLADE (`.NET') VERSION. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES None. PUBLIC HEARINGS None. BID AWARDS 3 Regular Meeting — November 5, 2008 Cottage Grove City Council None. UNFINISHED AND NEW BUSINESS A. Allow the representative for Suqervalu Inc./DBA Cub Foods to admit to or denv the alleqation that their establishment sold liquor to a minor less than 21 vears of aae durinq the Public Safetv Department's compliance check on September 30, 2008. There being no Supervalu Inc./DBA Cub Foods representative attending the meeting to admit or deny the allegation of selling liquor to a minor less than 21 years of age during the Public Safety Department's compliance check on September 30, 2008, City staff's written report recommended that Council impose the scheduled fine of $500 for the licensee's first violation in a 24-month period. MOTION BY BAILEY, SECONDED BY RICE, TO IMPOSE TO SUPERVALU INC./DBA CUB FOODS FOR ITS FIRST PERIOD OF SELLING LIQUOR TO A MINOR LESS THAN 21 MOTION CARRIED 5-0. THE SCHEDULED $500 FINE VIOLATION IN A 24-MONTH YEARS OF AGE. B. Canvass results of the November 4. 2008, Local General Election for the Mavor and Council Member Race and declare the winners. The City Administrator cited the City's election results of November 4, 2008: For Mayor, Myron Bailey received 9,037 votes and Fred Luden 7,749; for Council Member, Tom Dippel 4,519, Derrick Lehrke 4,890, Justin Olsen 5,072, Jen Peterson 7,446, and Chris Reese 4,259. MOTION BY MAYOR SHIELY, SECONDED BY GROSSKLAUS, TO: ADOPT RESOLUTION NO. 08-194 CANVASSING RESULTS OF VOTES AT THE MUNICIPAL GENERAL ELECTION FOR THE OFFICES OF MAYOR AND TWO COUNCIL MEMBERS HELD ON NOVEMBER 4, 4008, FOR THE CITY OF COTTAGE GROVE, DECLARING MYRON BAILEY MAYOR AND JEN PETERSON AND JUSTIN OLSEN ELECTED COUNCIL MEMBERS FOR FOUR-YEAR TERMS COMMENCING THE FIRST MONDAY OF JANUARY 2009 OR JANUARY 5, 2009. MOTION CARRIED 5-0. 4 Regu/ar Meeting — November 5, 2008 Cottage Grove City Council C. Consider adoptinq the followina resolutions authorizina settlement actreements in reaard to the Jamaica Roundabout assessments: 1) Goodhue Adams, 2) CG MarketPlace, 3) Bailev Nurseries, and 4) WAG Farms. The City Administrator provided a brief report on the proposed settlement agreements with regard to the Jamaica Roundabout assessments, which resulted in either settlement or negotiation with seven property owners who expressed objection: Super Value, Goodhue Adams, Cottage Grove Marketplace, MARS II, WAG Farms, Bailey Nurseries, and 3M. Council Member Bailey clarified for the record that he has no association with Bailey Nurseries, and Council Member Luden stated that he would be abstaining from the vote concerning Goodhue Adams and CG Marketplace due to conflict of interest. MOTION BY GROSSKLAUS, SECONDED BY BAILEY, TO: ADOPT RESOLUTION NO. 08-195 AUTHORIZING A SETTLEMENT AGREEMENT WITH GOODHUE ADAMS: ASSESSMENT OF $1,500 LESS A$671.36 CREDIT ($4,439 INITIALLY). MOTION CARRIED 4-0-1 (LUDEN) MOTION BY RICE, SECONDED BY GROSSKLAUS, TO: ADOPT RESOLUTION NO. 08-196 AUTHORIZING A SETTLEMENT AGREEMENT WITH CG MARKETPLACE: ASSESSMENT OF $2,500 LESS A$760.90 CREDIT ($5,031 INITIALLY). MOTION CARRIED 4-0-1 (LUDEN) MOTION BY RICE SECONDED BY MAYOR SHIELY, TO: ADOPT RESOLUTION NO. 08-197 AUTHORIZING A SETTLEMENT AGREEMENT WITH BAILEY NURSERIES: ASSESSMENT OF $10,460.50 ($20,921 INITIALLY). MOTION CARRIED 5-0. MOTION BY BAILEY, SECONDED BY GROSSKLAUS, TO: ADOPT RESOLUTION NO. 08-198 AUTHORIZING A SETTLEMENT AGREEMENT WITH WAG FARMS: ASSESSMENT OF $130,750 ($173,600 INITIALLY); IN ADDITION, THE CITY WILL ACQUIRE UP TO A 3.5 ACRE PARCEL FROM WAG, WITHIN THE INDUSTRIAL PARK, BY DECEMBER 24, 2009, AT A PRICE OF $1.75/SQUARE FOOT. MOTION CARRIED 5-0. 5 Regular Meeting — November 5, 2008 Cottage Grove City Council RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS A. Response to Council reqardinq Vibratorv Roller — 2008 Pavement Manaaement Proiect• Mayor Shiely thanked the City Administrator for the follow-up report regarding the vibratory roller and asked that staff distribute the report to those individuals who expressed concerns at the previous Council meeting. COUNCIL COMMENTS AND REQUESTS Mayor Shiely reminded everyone about the November 22 8-10 a.m. Applebee's Holiday Train pancake breakfast, with benefits going to the Food Shelf and finro chances to ride the Holiday Train from Hastings to Cottage Grove, which will stop in the City on December 12 5:30-6:30 p.m. with entertainment, food, and music. PAY BILLS MOTION BY BAILEY, SECONDED BY GROSSKLAUS, TO APPROVE PAYMENT OF CHECK NUMBERS 157390 TO 157720 IN THE AMOUNT OF $2,564,197.96. MOTION CARRIED 5-0. WORKSHOP SESSION — OPEN None. WORKSHOP SESSION — CLOSED None. ADJOURNMENT MOTION BY RICE, SECONDED BY GROSSKLAUS, TO ADJOURN THE MEETING AT 7:44 P. M. MOTION CARRIED 5-0. RespectFully submitted, Mary Heintz TimeSaver Off Site Secretarial, Inc. �