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HomeMy WebLinkAbout2016-02-17 MINUTES Cottage J Grove �here Pride ar►d�r°sPerity Meet MINUTES COTTAGE GROVE CITY COUNCIL COUNCIL CHAMBER 12800 RAVINE PARKWAY SOUTH February 17, 2016 REGULAR MEETING - 7:00 P.M. (COUNCIL CHAMBER) CALL TO ORDER — Mayor The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on February 17, 2016, at Cottage Grove City Hall, 12800 Ravine Parkway South. Mayor Bailey called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE The audience, staff, Mayor and City Council Members recited the Pledge of Allegiance. ROLL CALL — City Clerk The following were present: Mayor Myron Bailey, Council Member Steve Dennis, Council Member Justin Olsen, and Council Member Jen Peterson. Council Member Dave Thiede was not present. . Also present were: Charlene Stevens, City Administrator; Korine Land, City Attorney- LeVander, Gillen & Miller, PA; John Burbank, City Planner; Les Burshten, Public Works Director; Zac Dockter, Parks and Recreation Director; Joe Fischbach, HR Manager/City - Clerk; Jennifer Levitt, Community Development Director/City Engineer; Robin Roland, Finance Director; Craig Woolery, Public Safety Director OPEN FORUM Mayor Bailey 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. Mayor Bailey presided over the meeting. 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 ;Cottage Grove City Council February�������17; 2016; Page 2 1. ADOPTION OF AGENDA Motion by Council Member Olsen, second by Council Member Dennis, to adopt the agenda as presented. Motion carried: 4-0. 2. PRESENTATIONS — None. 3. APPROVAL OF MINUTES A. February 3, 2016 Special City Council Meeting. B. February 3, 2016 Regular City Council Meeting. Mayor Bailey and the Council Members approved the minutes as presented. 4. CONSENT CALENDAR Council Member Olsen wished to pull Item E for discussion because one of the volunteer Commissioners, Commissioner Neil Heurung, of the Parks, Recreation and Natural Resources Commission, had advised he had to step away from his duties. Council Member Olsen advised there would therefore be an opening on that Commission. A. Accept and Place on File the Following Minutes: i. Advisory Committee on Historic Preservation Meeting Minutes from 5/12/2015, 9/8/2015, 11/10/2015, and 1/12/2016. B. Authorize issuance of a Tobacco Sales License to the City of Cottage Grove DBA River Oaks Golf Course and authorize submittal of the License Application for Tobacco Products Distributors and Subjobbers to the Minnesota Department of Revenue. C. Authorize staff to apply for the MN DNR Improving Community Forests Through Citizen Engagement grant in the amount of$32,400. D. Pass Ordinance 955 amending City Code Title 2 regarding boards and commissions, adopt Resolution 2016-028 establishing the Arts Commission, adopt Resolution 2016-029 establishing the Environmental Commission, and adopt Resolution 2016-030 establishing the Public Services Commissions. E. Reappoint Commissioners to the Arts Commission; Parks, Recreation and Natural Resources Commission; Public Services Commission; Environmental Commission; and Advisory Committee on Historic Preservation per Joe Fischbach's memo dated 2/12/2016. F. Adopt Resolution 2016-031 supporting the inclusion of the La Crosse Area Planning Committee as a Financial Party member of the Minnesota High Speed Rail Commission. G. 1. Accept amendments to the Park Improvement Fund for the 2016 — 2020 Capital Improvements Plan. 2. Accept and place on file the amended Cottage Grove Athletic Facilities Improvement Plan. ;Cottage Grove City Council, February;17, 2016� Page 3, H. Adopt Resolution 2016-032 calling a public hearing on the proposed creation of TIF District 1-17 for 4/6/2016. I. Appoint Derek Rasmussen to a seat on the Planning Commission effective from March 1, 2016 and ending February 28, 2019 J. Adopt Resolution 2016-033 approving the feasibility report and authorizing the preparation of plans and specifications for the Summers Landing 1st Addition Street and Utility Improvements. K. 1. Adopt Resolution 2016-034 amending the bid date from March 3, 2016 to March 10, 2016 for the 70th Street South (CSAH 22) and Jamaica Avenue Improvement Project. 2. Adopt Resolution 2016-035 restricting parking along Jamaica Avenue on both sides of the street from Indian Boulevard to CSAH 20 (State Aid Project No. 082-622-014). Motion by Council Member Olsen, second by Council Member Peterson, to approve the Consent Calendar. Motion carried: 4-0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES — None. 6. PUBLIC HEARINGS — None. 7. BID AWARDS — None. 8. UNFINISHED AND NEW BUSINESS A. Allow the representatives from Cottage Grove VFW; Yavin Gadol, LLC DBA Top Ten Liquors; RT Minneapolis Franchise DBA Ruby Tuesday; MOPECA of Cottage Grove, Inc. DBA Las Margaritas Bar & Grill; and Carbone's Pizza of Cottage Grove, Inc. to admit to or deny the allegation that their business sold alcohol to an underage buyer during the Public Safety Department's compliance check on December 11, 2015. City Clerk Joe Fischbach advised the Mayor and Council that police officers completed alcohol compliance checks on December 11, 2015, on local businesses; 14 of the 15 businesses that sell alcohol were open and compliance checks were completed on all of them. Nine of the businesses refused to sell, and five businesses sold to an underage buyer. The five businesses that failed the compliance check were sent a letter, asking them to appear at this City Council meeting to admit or deny that they sold to an underage buyer. After they're allowed to speak tonight, Council is going to be asked to levy a $500 fine, as this is the first violation for all of the businesses in a two-year period. The Council can also levy a one-day suspension or allow the business to participate in an educational program approved by the Public Safety Director. ;Cottage Grove City Gouncil ;February'���17, 201�' Page 4 Mayor Bailey acknowledged the businesses that had passed the alcohol compliance check: SuperAmerica, Cub Foods, Applebee's, Noodles & Company, Dennis Brother Liquors, Shamrock Liquors, River Oaks Golf Course, G-Will Liquors, and Walmart. Council Member Olsen stated he thought perhaps Las Margaritas had failed a compliance check in the past two years, but he wanted to confirm that. Public Safety Director Craig Woolery advised the ordinance had been amended two- or-three years ago, and that two-year lookback was the period they had used; Las Margaritas had been in compliance during that time frame. Mayor Bailey asked if any of the business representatives of businesses that hadn't passed the compliance check wished to speak to the Council: Jon Halper, the owner of Top Ten Liquors, addressed the Council. He apologized for the failed compliance check; he stated it was the first time in their business history that they had failed a compliance check, even though that employee had been trained properly. Top Ten Liquors has since changed their POS (point of sale) and if the buyer is under age 21, the system will not allow the sale to be completed. They've also accelerated their employee training at all of their locations. He stated they took this very seriously and were embarrassed about the situation. He hoped they would not be shut down for a day and hoped they'd just need to complete a training course. Janelle Erickson, an owner of Carbone's Pizza in Cottage Grove, apologized for the failed compliance check, as they had never failed one in the past. She stated they had set standards in place so it will hopefully never happen again. They hope they would be able to complete the training in lieu of closure. She hoped the Council would be lenient in their penalty decision. Mayor Bailey stated he thought it would be okay to give each business a fine, forego the one-day suspension, and just have the businesses go through the training, as some had already started implementing changes, if Council agreed. Council Member Olsen asked Director Woolery to give a synopsis of the change in the ordinance that took place a couple of years ago so the public could better understand what the City had tried to do in order to encourage businesses to do the additional training and prevent compliance check failure. Director Woolery stated the previous ordinance could result in a business getting into a position from which they could never recover. The intent of the ordinance is to prevent underage consumption and sales of alcohol. He also stated if businesses need any type of assistance, the Public Safety ;Cottage Grove City Council� �February'17, 2016 Page 5 Department is available to offer training, have Officers do compliance training at their sites, or help facilitate online training, which some of them already have. He felt the current ordinance still had a firm effect on businesses with the fine and/or possible loss of an alcohol license for a day or a period of time. Motion by Council Member Olsen to skip the one-day suspension and simply impose the first violation schedule penalty, along with training, second by Council Member Peterson. Motion carried: 4-0. B. Consider adopting a resolution approving the site plan review of an industrial development that will include two buildings of 362,240 square feet and 186,820 square feet, respectively, and a conditional use permit for exterior storage to be known as the Southeast Industrial Park located at the northwest quadrant of 91st Street South and Hemingway Avenue South. City Planner John Burbank stated the site is located in the Cottage Grove Business Park, in the northwest corner, adjacent to Hamlet Park, and it's accessed by 91st Street and Hemingway Avenue. The total site is 38.72 acres, and the buildings (as currently sized) are 12.6 acres. This is a speculation building; they want to have a "shovel ready" site, which has already been approved by the State. If a big user wants to have a location in the Twin Cities region, Cottage Grove is one of the top contenders. The conditional use permit is for the exterior storage and rail opportunities. The Applicants are proposing to get a concept design approval for the project. Planner Burbank advised of the proposed construction materials and design standards, based on approval of the Community Development Department and the,building permit process. Kristina Smitten, Development Manager at Hillcrest Development, 2424 Kennedy Street Northeast, addressed the Council. She stated the City staff had been great partners during the process and she thanked them. She stated her partner, Phil Cattenach, of Opus Development, was also present and would be happy to answer any questions. Mayor Bailey asked if they'd had any contacts with prospective users for the site. Ms. Smitten stated their marketing team has had conversations with prospective users. She thought the "shovel ready" certification had received a bit of press and hoped that would also raise the awareness of the site. Council Member Olsen made a motion to adopt Resolution 2016-036 approving the request, subject to the conditions in the staff report, second by Council Member Dennis. Motion carried: 4-0. `Cottage Grove City Council February;17, 2016 Page 6 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS — None. 10. COUNCIL COMMENTS AND REQUESTS Council Member Olsen stated there will be a benefit on February 21 at the VFW Red Barn for Caleb Maaske and his family; they're partnering with "4 Paws for Ability" to help further Caleb's fight against an incurable brain disorder, Chiari Malformation. "4 Paws for Ability" trains and places service dogs that help veterans and children with assistance so they can become more independent as they deal with disorders. There will be an auction, a bake sale, music, activities for children, etc. Tickets are $10 for adults and $6 for children, ages 4-10. Pre- sale tickets are available at Dennis Brothers Liquor. Council Member Olsen stated there was a young man in Cottage Grove, Josh Karels, age 15, who has an autoimmune disorder with a grim prognosis. He plays hockey at the Cottage Grove Ice Arena and has recently been hospitalized. He asked for prayers for him and his family. He also has a "GoFundMe" page if anyone would like to contribute. Council Member Peterson stated February 18 is the Beyond the Yellow Ribbon Burger & Hot Dog Bash at the Cottage Grove VFW. It's open to the public and is a fundraiser for the Cottage Grove Beyond the Yellow Ribbon, which helps support military service members, their families, and veterans. Council Member Peterson stated Sunday, March 20, will be the Lions' Easter Bunny Breakfast at the Cottage Grove VFW. Tickets are available at the door. There will be a silent auction raffle, baby chicks, as well as an appearance by the Easter Bunny. Council Member Peterson stated Stone Soup Thrift Shop's "Soup-er Bowl" is scheduled for Saturday, April 23, at the Park-Grove Bowl. Registration and other information can be found at www.stonesoupthriftshop.org. She encouraged people to set up their teams now and register early. Mayor Bailey reminded everyone that there is a Fish Fry every Friday through March 25 at the River Oaks Golf Course. He encouraged everyone to stop by. Mayor Bailey stated before the next City Council meeting on March 2 the State Legislators will be having a Town Hall Meeting in the Cottage Grove City Hall in the Training Room. He encouraged everyone to attend and ask questions of our. elected officials and then stay for the City Council meeting. � Mayor Bailey stated if anyone is interested in helping the City with the plans for the Comprehensive Plan for 2030, the deadline to apply is March 7. If you have ;Cottage Groue City Council February,17, 2016 Page 7 questions, contact City Hall, Mayor Bailey, or any members of the City Council. You would basically be helping plan the future of Cottage Grove through 2030. 11. PAY BILLS Motion by Council Member Dennis, second by Council Member Peterson, to approve payment of check numbers 194950 to 195413 in the amount of $443,877.53 and EFT Payment of$25,520.86. Motion carried: 4-0. 12. WORKSHOP SESSION — OPEN TO PUBLIC — None. 13. WORKSHOP SESSION — CLOSED TO PUBLIC A. Conduct a performance evaluation pursuant to MN Statute 13D.05, Subd. 3 �a)� Mayor Bailey advised that he, the Council, Attorney Land, Human Resources Manager Fischbach, and City Administrator Stevens would be meeting in the Conference Room to conduct a perFormance evaluation. The subject of the perFormance evaluation would be River Oaks Golf Pro/Manager Bruce Anderson. 14. ACTION ON ITEM 13.A. — OPEN TO PUBLIC Mayor Bailey summarized the performance evaluation of River Oaks Golf Pro/Manager Bruce Anderson by indicating that the City Council had chosen to move in a different direction with the position. Motion by Council Member Olsen, second by Council Member Peterson, to authorize negotiation of a severance package with Mr. Anderson. Motion carried: 4-0. ADJOURNMENT Motion by Council Member Olsen, second by Council Member Dennis, to adjourn the regular meeting at 8:05 p.m. Motion carried: 4-0. Minutes prepared by Judy Graf and reviewed by Deputy City Clerk Neil Belscamper.