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HomeMy WebLinkAbout1999-01-06 MINUTESS FINAL AGENDA (Amended) COTTAGE GROVE CITY COUNCIL JANUARY 6, 1999 Persons wishing to address the Council during this meeting are asked to fill out a"Speaker Signup Form" and return fhe form to any Staff Member prior to the start of the meeting. Speaker Signup Forms are located on each audience chair in the Council Chambers. OPEN FORUM - 7:15 P.M. Persons may address the City Council on subjects that are not a part of the Regular Meeting agenda, but must limit remarks to two (2) minufes. Open forum will adjourn to the Regular Meeting promptly at 7:30 p.m. Open Forum and a portion of the Regular Meeting are televised LIVE, airing on Government Channel 12. REGULAR MEETING - 7:30 P.M. . CALL TO ORDER — Mayor ROLL CALL — City Clerk 1. ADOPTION OF AGENDA 2. PRESENTATIONS A. Swear in Sandy Shiely and Pat Rice to the Offices of Council Member for Four- Year Terms to Expire December 31, 2002 B. Presentation to Rod Hale 3. APPROVAL OF MINUTES None 4. CONSENT CALENDAR A. Accept and Place on File the Following Minutes: i. Human Services Commission Meeting of October 28, 1998 ii. Public Safety, Health, and Welfare Commission Meeting of November 10, 1998 iii. Public Works Commission Meeting of October 12, 1998 B. Approve Conditional Offer of Employment Appointing Todd Miller to the Position of Public Safety Dispatcher !; Staff Recommendation: Approve Conditional Offer of Employment �� C. Appoint Daniel King to the Position of Management Analyst Staff Recommendation: Approve Appointment 1/6/99 AGENDA Cottage Grove City Council � D. Appoint Steven Barrett to the Position of Management Analyst Staff Recommendation: Approve Appointment E. Pursuant to Sec. 2-6(b) of City Code, the City Council shall, at the first meeting of each year, designate the official newspaper. Staff Recommendation: Designate the "South Washington County Bulletin" as the official newspaper for 1999. F. Approve 1998-1999 Bargaining Unit Agreement with LELS Local No. 79 for Police Officers Staff Recommendation: Approve the Agreement G. Adopt Resolution Approving Final Payment to Hydrocon for Pine Forest 1St Addition Staff Recommendation: Adopt Resolution Approving Final Payment to Hydrocon for the Pine Forest 1 Sr Addition Project in the Amount of $93, 639. 69 H. Adopt Resolution Approving Final Payment to Tower Asphalt for the East Point Douglas Road Street Improvement Project Staff Recommendation: Adopt Resolution Approving Final Payment to Tower Asphalt for the East Point Douglas Road Street Improvement Project in the Amount of $29,414.92 I. Approve Change Order No. 2 to the West Draw Trunk Utilities/West Draw Meadows Project, for $11,487.88, to Erickson Construction, Inc. Staff Recommendation: Approve Change Order No. 2 to Erickson Construction for $11,487.88 on the West Draw Trunk Utilities Project J. Approve Change Order No. 3 Between the City and Tower Asphalt, Inc. for the Installation of Plantings and Irrigation System in the Median Between Highway 61 and East Point Douglas Road (Funding Source: TIF) Staff Recommendation: Approve Change Order No. 3, As Proposed K. Approve Agreement No. 76612 to Install Railroad Crossing at Inman Avenue Staff Recommendation: Approve Agreement No. 76612 to Install Railroad Crossing at Inman Avenue L. Pass Motion to Amend Ordinance #654 - Cigarettes, Tobacco, and Tobacco Devices of the City of Cottage Grove Staff Recommendation: Modify Ordinance #654 to Reflect Changes as Printed on Included Modified Ordinance M. Appoint Officer ponald Johnston to "Regular Status" in Accordance with the City's Personnel Policy Staff Recommendation: Appoint Officer ponald Johnston to Regular Status in Accordance with the City's Personnel Policy N. Approve Change Order #1 to Hidden Valley 7 Addition Project for $27,944.80, to Richard Knutson, Inc. Staff Recommendation: Approve Change Order #1 to Richard Knutson, Inc. on the Hidden Valley 7�" Addition Project 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES . 6. PUBLIC HEARINGS > ' 1/6/99 AGENDA Cottage Grove City Council •� 7. BID AWARDS 8. UNFINISHED AND NEW BUSINESS A. Receive Interest Rate Memo and Set Meeting Date for Investment Committee Staff Recommendation: Receive Staff Report and Set Meeting Date B. Pursuant to Sec. 2-6(c) of City Code, the City Council Shall, at the First Meeting of Each Year, Choose an Acting Mayor to Perform the Duties of Mayor During the Disability or Absence of the Mayor Staff Recommendation: Designate "Vice Mayor" for 1999 C. Designate Council Members to Serve as Liaisons to Various Advisory Commissions and Committees for 1999 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS 10. COUNCIL COMMENTS AND REQUESTS 11. PAY BILLS A. Approve Payment of Check Numbers 105843 to 106073 in the Amount of $1.185.530.71 12. WORKSHOP SESSION — OPEN TO PUBLIC � A. Hold Workshop to Discuss Ordinance Number 655 Prohibiting Possession or Consumption of Alcoholic Beverages in All City Parks and Open Space Areas, with the Exception of the River Oaks Municipal Golf Course 13. WORKSHOP SESSION — CLOSED TO PUBLIC A. 1999-2000 Bargaining Unit Agreement with Local 49 (Public Works) ADJOURNMENT . � � • REGULAR MEETING COTTAGE GROVE CITY COUNCIL January 6, 1999 OPEN FORUM - 7:15 p.m. Open Forum provides persons an opportunity to inform the Council of a problem or to request information related to City business that has not been scheduled for Council action and does not appear on the Agenda. Mayor Denzer encouraged persons to limit their remarks to two (2) minutes per issue. Present: Mayor John Denzer Council Member Cheryl Kohls Council Member Pat Rice Council Member Sandy Shiely Council Member Jim Wolcott Absent: None Also present: Ryan Schroeder, City Administrator Jerry Bourdon, City Engineer Les Burshten, Public Works Director Liz Johnson, Director of Finance Bob Long, City Attorney Caron Stransky, City Clerk Michelle Wolfe, Assistant City Administrator No one expressed an interest to speak to the Council during the Open Forum. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, January 6, 1999, at the Cottage Grove City Hall, 7516 80th Street South. Mayor Denzer called the meeting to order at 7:30 p.m. ROLL CALL Present Mayor John Denzer Council Member Cheryl Kohls Council Member Pat Rice Council Member Sandy Shiefy Council Member Jim Wolcott Absent: None � Also present: Ryan Schroeder, City Administrator Jerry Bourdon, City Engineer Regular Meeting - January 6, 1999 Cottage Grove City Council Page 2 • Les Burshten, Public Works Director Liz Johnson, Director of Finance Jim Kinsey, Public Safety Director Bob Long, City Attorney Caron Stransky, City Clerk Michelle Wolfe, Assistant City Administrator Mayor Denzer presided over the meeting. ADOPTfON OF AGENDA MOTION BY WOLCOTT, SECONDED BY SHIELY, TO APPROVE THE FINAL AGENDA. MOTION CARRIED. 5-0. PRESENTATIONS Swear in Sandy Shiely and Pat Rice to the Offices of Council Member for Four-Year Terms to Expire December 31, 2002 The Honorable Phyllis Jones swore in Sandy Shiely and Pat Rice to the office of • Council Member to serve a four-year term, from January 1, 1999 through December 31, 2002 for the City of Cottage Grove, County of Washington, State of Minnesota. Judge Jones thanked Shiely and Rice for taking on the responsibility of a City official. Mayor Denzer and the Council presented a plaque to former Council Member Rod Hale and thanked him for his dedicated work to the City. APPROVAL OF MINUTES - None. CONSENT CALENDAR Council Member Wolcott pulled Item 4K for discussion. Wolcott stated he was surprised to see the total estimated cost to signalize the railroad crossing at Inman Avenue at $140,000, and asked whether this figure was correct. Public Works Director Les Burshten stated that this figure came from the State and is an estimate. Wolcott confirmed that the railroad will not pay a portion of the cost. Burshten agreed. Wolcott asked if there were any previous accident problems at this intersection. Public Safety Director Jim Kinsey stated that to his knowledge there have not been a significant number of accidents. Wolcott asked Shiely if she was aware of how the Planning Commission felt about this intersection and the noise. Shiely responded that the Planning Commission discussed the anticipated increase in railroad traffic, and she thought the crossing signal was � initiated by the railroad. Regular Meeting - January 6, 1999 Cottage Grove City Council Page 3 • MOTION BY WOLCOTT, SECONDED BY RICE, TO: A. ACCEPT AND PLACE ON FILE THE MINUTES FOR THE OCTOBER 28, 1998, HUMAN SERVICES COMMISSION MEETING; THE NOVEMBER 10, 1998 PUBLIC SAFETY, HEALTH, AND WELFARE COMMISSION MEETING; AND THE OCTOBER 12, 1998 PUBLIC WORKS COMMISSION MEETING. B. APPROVE THE CONDITIONAL OFFER OF EMPLOYMENT APPOINTING TODD MILLER TO THE POSITION OF PUBLIC SAFETY DISPATCHER. C. APPOINT DANIEL KING TO THE POSITION OF MANAGEMENT ANALYST. D. APPOINT STEVEN BARRETT TO THE POSITION OF MANAGEMENT ANALYST. E. DESIGNATE THE SOUTH WASHINGTON COUNTY BULLETIN AS THE OFFICIAL NEWSPAPER. F. APPROVE THE 1998-1999 BARGAINING UNIT AGREEMENT WITH LELS LOCAL NO. 79 FOR POLICE OFFICERS. • G. ADOPT RESOLUTION NO. 99-01, A RESOLUTION APPROVING THE FINAL PAYMENT TO HYDROCON FOR PINE FOREST 1ST ADDITION IN THE AMOUNT OF $13,639.61. H. ADOPT RESOLUTION NO. 99-02, A RESOLUTION APPROVING THE FINAL PAYMENT TO TOWER ASPHALT FOR THE EAST POINT DOUGLAS ROAD STREET IMPROVEMENT PROJECT IN THE AMOUNT OF $29,414.92. APPROVE CHANGE ORDER NO. 2 TO THE WEST DRAW TRUNK UTILITIES/WEST DRAW MEADOWS PROJECT FOR $11,487.88 TO ERICKSON CONSTRUCTION, INC. J. APPROVE CHANGE ORDER NO. 3 TO THE 80 STREET RECONSTRUCTION CONTRACT BETWEEN THE CITY AND TOWER ASPHALT, INC. FOR THE INSTALLATION OF PLANTINGS AND IRRIGATION SYSTEM IN THE MEDIAN BETWEEN HIGHWAY 61 AND EAST POINT DOUGLAS ROAD FOR $18,890.56. K. ADOPT RESOLUTION NO. 99-03, A RESOLUTION APPROVING AGREEMENT NO. 76612 WITH THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND THE COMMISSIONER OF TRANSPORTATION • FOR THE INSTALLATION OF A RAILROAD CROSSING AT INMAN AVENUE. AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. Regular Meeting - January 6, 1999 Cottage Grove City Council Page 4 L. PASS ORD/NANCE NO. 661, AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING CHAPTER 6A OF CITY CODE RELATING TO CIGARETTES, TOBACCO AND TOBACCO-RELATED DEVICES. M. APPROVE APPOINTMENT OF POLICE OFFICER DONALD JOHNSON TO REGULAR EMPLOYMENT STATUS. N. APPROVE CHANGE ORDER NO. 1 TO THE HIDDEN VALLEY 7 ADDITION CONTRACT WITH RICHARD KNUTSON INC., IN THE AMOUNT OF $27,944.80. MOTION CARRIED. 5-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES - None. PUBLIC HEARINGS - None. BID AWARDS - None. UNFINISHED AND NEW BUSINESS • Receive Interest Rate Report and Schedule Investment Committee Meetinq Wolcott and Shiely scheduled the Investment Committee meeting for 3:00 p.m. on January 27, 1999. Wolcott asked that any written materials for this meeting be provided prior to the meeting. Appointment of Acting Mayor MOTION BY DENZER, SECONDED BY KOHLS, TO RE-APPOINT COUNCIL MEMBER WOLCOTT TO THE POSITION OF ACTING MAYOR. MOTION CARRIED. 5-0. - Desiqnate Council Members to Serve as Liaisons to Various Advisory Commissions and Committees for 1999 Mayor Denzer recommended the following Council liaison appointments: Human Services/Human Rights Parks, Recreation & Natural Resource Planning Public Safety, Health & Welfare Public Works Historic Preservation Economic Development Authority Great Grove Get Together Committee Cheryl Kohls Sandy Shiely Jim Wolcott Sandy Shiely Pat Rice Cheryl Kohls Jim Wolcott Sandy Shiely Regular Meeting - January 6, 1999 Cottage Grove City Council Page 5 • Woodbury Subcommittee Investment Committee SoWashCo Ambulance Gov. Bd. South Washington Watershed Board MCES Interceptor Advisory Committee MCES Plant Advisory Committee Red Rock Commuter Rail John Denzer/Jim Wolcott Jim Wolcott/Sandy Shiely John Denzer/Sandy Shiely Cheryl Kohls Pat Rice Pat Rice/John Denzer Sandy Shiely Kohls questioned whether Pat Rice should act as liaison to the Planning Commission because of his work on the Comprehensive Plan. Wolcott commented he was looking forward to the challenge of working on the Comprehensive Plan. Shiely asked that a letter be sent or a meeting be called with the Planning Commission to talk about philosophies. Shiely explained that the liaison would attend Commission meetings when the Commission needs the input from the Council liaison. She stated she would attend any meeting where she is needed. Wolcott agreed with Shiely. Wolcott asked City Administrator Schroeder to ask the Staff liaison or Commission Chair to notify the Council when the liaison's attendance is needed. Kohls asked if agendas are prepared for Planning subcommittee meetings. The Council • agreed that receiving agendas would be helpful. Schroeder stated that he will make sure the Council receives the agendas. Mayor Denzer asked if any Council person would have trouble attending any of the meetings they have been assigned to, and if so, a re-assignment could be made. No changes were requested. RESPONSE TO PREVIOUSLY RAIDED COUNCIL COMMENTS AND REQUESTS - None. COUNCIL COMMENTS AND REQUESTS Mayor Denzer announced that The Big Brothers and Sisters are holding an open house on January 7, 1999, from 7:00 p.m. to 8:30 p.m. The Big Brothers and Sisters organization will provide information, mentoring, and volunteer opportunities. PAY BILLS MOTION BY SHIELY, SECONDED BY RICE, TO APPROVE PAYMENT OF CHECK NUMBERS 105843 TO 106073 IN THE AMOUNT OF $1,185,530.71. MOTION CARRIED. 5-0. • Wolcott asked Finance Director Liz Johnson if a complete listing of the bills would be given to the Council from now on. Johnson confirmed that the list provided to the � Council for this meeting was a temporary list, and Staff will return to providing the full list again at the next Council meeting. Regular Meeting - January 6, 1999 Cottage Grove City Council Page 6 • City Attorney Long informed the Council that the City Code requires that a depository of City funds be designated for the year 1999. Long asked the Council to make a motion designating a depository. MOTION BY WOLCOTT, SECONDED BY SHIELY, TO ADOPT RESOLUTION NO. 99- 04, A RESOLUTION DESIGNATING DEPOSITORIES FOR CITY FUNDS AND AUTHORIZING THE INVESTMENT OF SURPLUS FUNDS FOR 1999. MOTION CARRIED. 5-0. Mayor Denzer announced that the Council was moving to an open workshop. The Council adjourned for a 10-minute break at 8:03 p.m. WORKSHOP SESSION - OPEN TO THE PUBLIC Mayor Denzer opened the meeting at 8:15 p.m. Possession or Consumption of Alcoholic Beverages in City Parks and Open Space Areas Parks & Recreation Director John Fredrickson opened discussion on the possession • and consumption of alcoholic beverages in City parks. He stated that from the Parks and Recreation Department's standpoint on compliance of the liquor ban throughout the City, there have been a minimal number of complaints. Citizens have followed the rules of the ban. Wolcott stated he would like to rescind the existing alcohol ban, but not allow liquor during weekend tournaments. He asked Staff to provide additional information regarding a permitting process. Wolcott stated he would like to know whether the City is opening itself to liability. City Attorney Long explained that some cities require anyone using the fields to indemnify and hold the City harmless. Shiely stated that her concern was for consistency throughout the City. All parks should have equal regulations. Rice commented that most of the events held at Kingston Park are youth events where alcohol is not consumed. Shiely explained that she has no problem with allowing alcohol in the parks for special events, such as family picnics and wedding receptions. She reiterated the need for consistency and stated that she would like to have a permitting process not prohibitive • to any group. Wolcott stated that alcohol should be banned during weekend tournaments only. Regular Meeting - January 6, 1999 Cottage Grove City Council Page 7 Long explained that a permit could be issued to hold one person accountable and could be done without creating a lot of ownership to it. Long stated that if the City issues a permit to allow the consumption and possession of alcohol, the City is not in any greater responsibility for having issued that permit. The only issue is that there is always greater liability by being on City property, whether you are consuming alcohol or not. He explained that a victim of an accident would have the right to sue the City if the accident occurred on City property. Shiely asked Stransky to find out who signs the permit and what happens to the person who is applying. Mayor Denzer asked if the Council was in consensus on allowing beer in the parks except for weekend tournaments. Shiely stated that she is not in consensus. Fredrickson stated that historically there are three adult tournaments at Lamar Field and those adult tournaments are not staffed. The Police Department is made aware of each tournament. He suggested a way to control activities would be to assess a fee for an on-site supervisor. Wolcott agreed that there has to be supervision at the tournaments. Fredrickson explained that a supervisory fee of approximately $10 per • hour could be charged. Schroeder reviewed with the Council the Police Department's average response times to the Lamar Ball Field. Kohls stated that allowing open alcohol in the parks is a bad policy, but she was comfortable in having supervision at the weekend tournaments. Fredrickson stated it would be easier to enforce a"no drinking on weekends" policy. He suggested that a no alcohol policy be included on the tournament permit. Shiely stated that this is a community-wide issue. It is a community decision that needs to be made; a philosophical issue. She stated that she would like to know how the community, as a whole, feels about this issue. Kohls asked that this issue be put on the agenda for a vote. She stated that she will vote no for anything but banning alcohol from the parks. Shiely stated that she would like responses to the legal issues discussed. She would also like Staff to determine the legal implications for the individual applying for the permit. � Shiely also asked Stransky to obtain additional information on the permitting process and costs charged by other communities. Mayor Denzer agreed with Kohls to either continue the ordinance as is or reverse it. Regular Meeting - January 6, 1999 Cottage Grove City Council Page 8 . Schroeder stated that there are three options: 1) to permit alcohol in parks; 2) to allow it by permit; or 3) to limit permitting to weekends only. Mayor Denzer and Wolcott agreed that there should be supervision at weekend tournaments at Lamar Field, and the tournament entity should pay for that supervision. Schroeder stated that the supervision issue will be discussed further by Staff. Shiely stated that she will not vote to go back to things the way they were before she gets the information requested from Long. Mayor Denzer closed the open workshop at 9:30 p.m. WORKSHOP SESSION – CLOSED TO THE PUBLIC MOTION BY WOLCOTT, SECONDED BY SHIELY, TO CLOSE THE MEETING. MOTION CARRIED. 5-0. Present: Mayor John Denzer Council Member Jim Wolcott • Council Member Pat Rice Council Member Sandy Shiely Council Member Cheryl Kohls Also Present: Ryan Schroeder, City Administrator Caron Stransky, City Clerk Michelle Wolfe, Asst. City Administrator John Fredrickson, Asst. Public Works/Recreation Director Bob Long, City Attorney — Kennedy & Graven Pursuant to the open meeting law, a closed session of the City Council was held to discuss Public Works, Local 49, 1999 labor contract negotiations. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADJOURN THE CLOSED SESSION AND RECONVENE THE REGULAR MEETING. MOTION CARRIED. 5-0. MOTION BY WOLCOTT, SECONDED BY KOHLS TO ADJOURN THE REGULAR MEETING AT 10:00 P.M. MOTION CARRIED. 5-0. Respectfully submitted, • Carolyn Petruga, Recording Secretary TimeSaver Off Site Secretarial, Inc.