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HomeMy WebLinkAbout2000-06-07 MINUTES REGULAR MEETING COTTAGE GROVE CITY COUNCIL June 7, 2000 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. Mayor Denzer encouraged persons to limit their remarks to two (2) minutes per issue. Present: Mayor John Denzer Council Member Pat Rice Council Member Sandy Shiely Council Member Jim Wolcott Absent: Council Member Cheryl Kohls Also Present: Ryan Schroeder, City Administrator Caron Stransky, City Clerk James Kinsey, Director of Public Safety Bob Long, City Attorney, Kennedy & Graven Jerry Bourdon, City Engineer, BRAA Les Burshten, Public Works Director Michelle Wolfe, Asst. City Administrator Henry Mattaini, 7459 Ivystone Avenue South, spoke about the Grey Cloud Island issue. He voiced concern about the negative comments made against Council Member Kohls. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on th Wednesday, June 7, 2000, at the Cottage Grove City Hall, 7516 80 Street South. Mayor Denzer called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor John Denzer Council Member Pat Rice Council Member Sandy Shiely Council Member Jim Wolcott Absent: Council Member Cheryl Kohls Also Present: Ryan Schroeder, City Administrator Caron Stransky, City Clerk James Kinsey, Director of Public Safety Bob Long, City Attorney, Kennedy & Graven Jerry Bourdon, City Engineer, BRAA Les Burshten, Public Works Director Michelle Wolfe, Asst. City Administrator Regular Meeting – June 7, 2000 Cottage Grove City Council Page 2 Mayor Denzer presided over the meeting. ADOPTION OF AGENDA MOTION BY RICE, SECONDED BY SHIELY, TO APPROVE THE FINAL AGENDA. MOTION CARRIED. 4-0. PRESENTATIONS A. Presentation by Bruce Schmidt, Chair of Human Services/Rights Commission Bruce Schmidt invited the Council and viewing public to attend their next meeting to be held at the Washington County Senior Center on June 28, 2000, at 1:00 p.m. The Commission will discuss with seniors their needs in housing and transportation. APPROVAL OF MINUTES Council Member Shiely clarified her statement on page 5 of the May 3, 2000 meeting minutes. She stated it was not her intent to imply that just because a commission had a “reasonable explanation” that the Council would automatically grant a leave of absence. The minutes of the May 3, 2000 Regular Council Meeting were approved as presented. CONSENT CALENDAR MOTION BY WOLCOTT, SECONDED BY SHIELY, TO: A. ACCEPT AND PLACE ON FILE THE MINUTES OF THE APRIL 24, 2000 PLANNING COMMISSION MEETING. B. ADOPT RESOLUTION NO. 00-101, ACCEPTING DONATION OF $250 FROM BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES FOR THE PARK TRUST FUND. C. ACCEPT THE RESIGNATION OF AL EINBERGER FROM THE ADVISORY COMMITTEE ON HISTORIC PRESERVATION EFFECTIVE MAY 26, 2000. D. AUTHORIZE ISSUANCE OF A CONDITIONAL OUTDOOR EVENT PERMIT TO THE GREAT GROVE GET TOGETHER COMMITTEE. E. ADOPT RESOLUTION NO. 00-102, ACCEPTING DONATIONS OF CASH FOR $207.50 FOR PURCHASE OF AN UNBUDGETED THERMAL IMAGE MASK FOR THE FIRE DEPARTMENT. F. ADOPT RESOLUTION NO. 00-103, APPROVING FINAL PAYMENT OF $16,963.66 TO ERICKSON CONSTRUCTION, INC., ON THE WEST DRAW TRUNK UTILITY PROJECT. G. ADOPT RESOLUTION NO. 00-104, ACCEPTING DONATION FROM 3M COTTAGE GROVE TH FOR $1,800.00 FOR THE 7 ANNUAL YOUTH SAFETY CAMP. H. AUTHORIZE ISSUANCE OF A CONDITIONAL SINGLE-OCCASION GAMBLING PERMIT TO THE COTTAGE GROVE CRIME PREVENTION ADVISORY BOARD. I. APPROVE REGULAR STATUS FOR SUZANNE DEANS AS PART-TIME ACCOUNTANT IN THE FINANCE DEPARTMENT. Regular Meeting – June 7, 2000 Cottage Grove City Council Page 3 J. RECEIVE INFORMATION CONCERNING RIVER OAKS GOLF COURSE RATING BY GOLF DIGEST PLACES TO PLAY. K. RECEIVE UPDATE ON WATERSHED DISTRICT WORKSHOP HELD MAY 30, 2000. L. ADOPT RESOLUTION NO. 00-105, ACCEPTING CITIZEN DONATIONS OF CASH FOR THE GREAT GROVE GET TOGETHER AND THE COTTAGE GROVE JAYCEES FOR COMMUNITY CELEBRATIONS, AND REPEALING RESOLUTION NO. 00-79. M. ADOPT RESOLUTION NO. 00-106, APPROVING FINAL PAYMENT OF $16,614.00 TO MAGIC HOMES, LLC, FOR AUDIO-VISUAL SOUND SYSTEM INSTALLATION AT RIVER OAKS CLUBHOUSE. N. APPROVE PURCHASE OF ONE 2001 DODGE RAM CLUB CAB 4WD 1500 PICKUP TRUCK FOR THE WATER DEPARTMENT FOR $22,737.37. TH O. ADOPT RESOLUTION NO. 00-107, APPROVING FINAL PLAT FOR HIDDEN VALLEY 9 ADDITION, AND ADOPT RESOLUTION NO. 00-108, ORDERING PREPARATION OF PLANS TH AND SPECIFICATIONS FOR HIDDEN VALLEY 9 ADDITION PUBLIC IMPROVEMENTS. P. ADOPT RESOLUTION NO. 00-108, APPROVING FINAL PAYMENT OF $52,052.55 TO NORTHFIELD CONSTRUCTION COMPANY FOR THE RIVER OAKS GOLF COURSE CLUBHOUSE PROJECT. Q. APPROVING THE 2000-2001 LABOR AGREEMENT WITH THE POLICE SERGEANTS, REPRESENTED BY LELS LOCAL NO. 138. MOTION CARRIED. 4-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES Receive Response to Complaint from Aaron Doering Council received the staff response to the complaint received at the May 17 City Council meeting of construction problems associated with a new town home unit located at 9874 Hamlet Court by Aaron Doering. No action taken. PUBLIC HEARINGS - None. BID AWARDS – None. UNFINISHED AND NEW BUSINESS A. Consider Imposing a Civil Penalty Against FTL Corporation for Liquor Violation Jack Lanners, President of FTL Corporation, distributed a file folder to the Mayor and each Council Member which contained copies of: (1) Policies/Procedures Governing the Sales of Alcohol; (2) MGM Liquor Warehouse Company Work Rules; (3) Card All Program; (4) Incentives/Fines for Liquor Compliance Checks; and (5) Beverage Alcohol Training. Mr. Lanners requested that the Council examine both the circumstances surrounding the compliance check as well as their efforts, through Regular Meeting – June 7, 2000 Cottage Grove City Council Page 4 training and policies, to prevent illegal liquor sales, when arriving at the appropriate penalty. He noted the Administrative Law Judge (ALJ) made this recommendation. City Attorney Bob Long stated the ALJ also determined that on February 26, 2000, the licensee violated State law and City ordinance by selling alcohol to a minor, and recommended that the Council take disciplinary action and impose the appropriate penalty. He explained that Staff was recommending that the Council impose a $1,500 fine for a third violation in a 24-month period and to impose the $500 fine that was suspended from their second violation. Council Member Wolcott pointed out the ALJ’s recommendation on page 5—that the Cottage Grove City Council impose an appropriate penalty against the licensee. He complimented Mr. Lanners for taking reasonable steps to comply with the law. The fact that the employee asked to view the identification twice shows that. Wolcott stated compliance checks are conducted approximately every six months and Resolution No. 00-49 outlines the fines for liquor violations. Other businesses that have programs in place that have failed have been fined. Lanners reiterated his request that the Council consider each circumstance on a case-by-case basis. A liquor licensee should only be responsible to a degree. Council Member Rice stated it is the employee’s responsibility to read the date on identification cards and look at the calendar. Everyone attempting to purchase liquor should be required to provide identification. Henry Mattaini stated the City of Cottage Grove is a liquor licensee selling at the River Oaks Golf Course. Will the Council be as strict to itself as to others? City Attorney Long responded in the affirmative. Gary Kjellberg, 7389 Inman Avenue South, stated everyone should be carded. Ed Blau, 7488 Hydram Avenue South, stated he was carded at the golf course this past weekend. MOTION BY WOLCOTT, SECONDED BY SHIELY, TO ADOPT RESOLUTION NO. 00-109, A RESOLUTION IMPOSING A CIVIL FINE AGAINST FTL CORPORATION, DBA MGM LIQUOR WAREHOUSE. MOTION CARRIED. 4-0. B. Consider Passage of Cottage Grove City Code MOTION BY SHIELY, SECONDED BY MAYOR DENZER, TO PASS ORDINANCE NO. 679, AN ORDINANCE ADOPTING THE CITY CODE OF THE CITY OF COTTAGE GROVE, MINNESOTA. MOTION CARRIED. 4-0. C. Consider Entering into a Mediation Agreement and Appointment to Mediation Panel Concerning the Proposed Grey Cloud Annexation MOTION BY WOLCOTT, SECONDED BY RICE, TO AUTHORIZE MAYOR DENZER TO ENTER INTO A MEDIATION AGREEMENT AND TO SERVE ON A MEDIATION PANEL CONCERNING THE PROPOSED GREY CLOUD ANNEXATION. ALTERNATES: PAT RICE, SANDY SHIELY, CHERYL KOHLS AND JIM WOLCOTT. MOTION CARRIED. 4-0. Council Member Shiely reiterated her concern that annexation would put pressure on Cottage Grove to expand services to the annexed area. Regular Meeting – June 7, 2000 Cottage Grove City Council Page 5 D. Consider Approving Marketing and Communications Plan Assistant City Administrator Michelle Wolfe presented the draft Marketing and Communications Plan, the implementation schedule and the 2001 estimated costs. Wolfe recommended that the Council approve the Plan and direct staff to begin implementation. City Administrator Schroeder indicated the implementation cost estimates would be presented for further discussion during the 2001 budget deliberations, i.e. hire a marketing staff person. MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE THE MARKETING AND COMMUNICATIONS PLAN ONLY. MOTION CARRIED. 4-0. E. Public Works Reorganization Assistant City Administrator Michelle Wolf presented a proposal to reorganize the Public Works Department. MOTION BY WOLCOTT, SECONDED BY SHIELY, TO IMPLEMENT OPTION 2A FOR REORGANIZATION OF THE PUBLIC WORKS DEPARTMENT AND AUTHORIZE STAFF TO CONTRACT WITH PERSONNEL DECISIONS INC., FOR PROFESSIONAL RECRUITMENT AND TESTING ASSISTANCE. MOTION CARRIED. 4-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS None. COUNCIL COMMENTS AND REQUESTS Council Member Wolcott indicated Park High School golf team won the regional golf tournament. He suggested recognizing the team at a future meeting. Council Member Shiely referenced the editorial in the Washington County Bulletin relating to the question on this fall’s election ballot regarding the preservation of land. City Administrator Schroeder commented the City should have veto authority in this regard especially when the proposal is contrary to the City’s comprehensive plan. Council Member Rice commented that the Ice Arena has disassembled the hockey boards as a part of the work being done to the floor. He suggested that the City take this opportunity to replace the boards. It is estimated to cost $6,000. Rice asked the Council to authorize staff to proceed. Administrator Schroeder stated the City would realize a significant savings in labor by doing the work now. MOTION BY SHIELY, SECONDED BY RICE, TO AUTHORIZE STAFF TO REPLACE THE HOCKEY RINK BOARDS AT AN ESTIMATED COST OF $6,000. MOTION CARRIED. 4-0. PAY BILLS MOTION BY WOLCOTT, SECONDED BY SHIELY, TO APPROVE PAYMENT OF CHECK NUMBERS 113410 TO 113682 TOTALING $653,654.35. MOTION CARRIED. 4-0. Regular Meeting – June 7, 2000 Cottage Grove City Council Page 6 WORKSHOP SESSION Storm Water Utility Fund Council discussed the feasibility report dated March 2000 for a Storm Water Utility Fund addressing the need, authorization, advantages, revenue requirements and fees. The Council authorized Staff to pursue implementation of a Fund. CLOSED SESSION The Council temporarily adjourned the regular meeting at 10:07 p.m., for a closed session. MOTION BY WOLCOTT, SECONDED BY RICE, TO TEMPORARILY CLOSE THE MEETING. MOTION CARRIED. 4-0. Present: Mayor John Denzer Council Member Jim Wolcott Council Member Sandy Shiely Council Member Pat Rice Also present: City Administrator Ryan Schroeder Assistant City Administrator Michelle Wolfe Bob Long, City Attorney – Kennedy & Graven Pursuant to the open meeting law, the Council held a closed session to discuss with the City Attorney and Staff, pending litigation and confidential employee issues. MOTION BY RICE, SECONDED BY SHIELY, TO ADJOURN THE CLOSED SESSION AT 11:00 P.M. AND RECONVENE THE REGULAR MEETING. MOTION CARRIED. 4-0. ADJOURNMENT MOTION BY RICE, SECONDED BY WOLCOTT, TO ADJOURN THE REGULAR MEETING AT 11:05 P.M. MOTION CARRIED. 4-0. Respectfully submitted, Caron M. Stransky City Clerk