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HomeMy WebLinkAbout1998-01-21 MINUTESFINAL AGENDA � COTTAGE GROVE CITY COUNCIL JANUARY 21,1998 SPECIAL MEETING - CLOSED SESSION- 7:00 P.M. 1. Discuss Water Main Break on 80"' Street REGULAR MEETING - 7:30 P.M. CALL TO ORDER - Mayor ROLL CALL - City Clerk ADOPTION OF AGENDA 2. PRESENTATIONS A. Proclamation Proclaiming January 18 to 24, 1998, as Jaycee Week. 3• APPROVAL OF MINUTES A. Regular Meeting of January 7, 1998. • 4. CONSENT CALENDAR A. Accept and Place on File the Following Minutes: - None B. Accept the Resignation of Patrick Mosites from the Parks, Recreation and Natural Resources Commission. C. Adopt Resolution Approving the Final Payment for the Public Works Utility Extension Project. D. Adopt a Resolution Accepting a Donation from the 3M Company for the DARE Program. E. Review Liquor License for Boondock's and Schedule Public Hearing. F. Adopt Resolution Approving Final Pay for Kingston Shelter and Repeal Resolution 97-218. G. Appoint Citizen Volunteers to the MCES Plant Advisory Committee. I. Approve 1998 Pay Equity Report. J. Adopt Resolution Approving Final Pay for Hamlet Avenue Utility and Street Improvements. K. Adopt Resolution Approving Final Pay for 1995 Street Reconstruction Project, District E1A. L. Appoint Nathan Kinsey to Regular Status in the Public Works Parks Division. M. Adopt Resolution Approving Plans and Specifications and Set Bid Date for 80"' Street Improvements. N. Approve Change Order No. 1 for Hadley Avenue Tum Lanes. • j O. Approve Change Order No. 2 for Hamlet Avenue. * P. Appoint Officer James Smith to the Position of Police Sergeant. Regular City Council Meeting - January 21, 1998 Page 2 � U 5. OPEN FORUM 6. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES 7. PUBLIC HEARINGS A. Open Public Hearing Regarding the 1998 Street Rehabilitation Project. 8. BID AWARDS A. Award 1998 Tree Trimming Contract. 9. UNFINISHED AND NEW BUSINESS A. Accept Report, Survey, and Provide Direction Regarding Consumption of Alcohol in City Parks B. Review and Direct Staff Regarding the Tobacco Ordinance C. Adopt the AUAR and Mitigation Plan for the West Draw Study Area. D. Adopt Ordinance, Approve Resolution, Site Plan and Preliminary Plat for West Draw Meadows. E. Review West Draw - Phase I Feasibility Study. F. Authorize Construction of Inman Avenue Railroad Crossing. G. Appoint members of Counci{ to the Corridor Demonstration Coordinating . Committee. * H. Discuss Annual Board of Review Process. 10. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS - None 11. COUNCIL COMMENTS AND REQUESTS 12. PAY BILLS A. Approve Payment of Check Numbers 100780 to 101006 in the Amount of $810,641.57. 13. WORKSHOP SESSION - OPEN TO PUBLIC . A. Discuss Issues Affecting Operations at the Cottage Grove Ice Arena. B. Review Facility Use and Rental Policies. C. Discuss Issues Affecting the Outdoor Municipal Pool. * D. Receive Information Regarding the Surface Water Management Plan. ADJOURNMENT < �' � � January 21, 9998 I I"�- e � �i�; �_•° � /(.E ��� �'!�r J ,� ' �' . _' i - :i i' C' 1 �.i% i �� �,� ��" ,' i , F � _� � OTHER CONMAUNtT1E'S' PCL1CiES FOR ADULT SOFTBALL Cheryl Kohis Woodburv 739-597Z tOn List as Albwina Aicohoi) concession stand so it is controlied. � Wst year was their first Year with adult softbail. 7hey have had onty one weekend tournament. No prob�em witn that one that she is aware of. • They have it set up for Behlenberg whicn is not residential and out in tne country. They have four fields that are lighted. • Most of their batt com�lexes are for Youth. • Aduit leagues play Sunday through Thursday evenings through 9:00 p.m. No innings can start after 9:00. • No alcohol is aftowed on plaYers benches, on the fields or while they are playing. They have a Oakdale - Marv 730-2700 �On I.ist as Allowint� AlcohoU • As part of their ordinance, 3.2 beer only. They have an Athletic Association that runs the adult tournaments tscheduling and suchl. They have a concession stand and the Athietic Association sells the beer, so it is controlled. Nobody is aliowed to carry in any alcohol. •'rhe aicohoi issue comes up every year - should they allow it or not? • Their four fields are in a compiex that has the City Pubiic works building and City Hali right there. The Police Dept is in the City Hall. As a matter of fact, the ball players share parking with the police. • There are no nomes with backyards abutting outfields. Homes are across the street, though. �• They have league plaY�ng on M-T w, F and Saturday evenings. 1Q:30 lights are off. Pofice are right there to be sure tnis happens and that evervone leaves before that time. New Hou+� - Steve [Ilins�ham 531-5151 tOn list as Allowino AlcohoU • They are going tnrough some controversy right now about this. I believe this has to do witn requiring the teams to get a temporary liquor license / DRAM and insurance. • 7hey never have tournaments. No Saturdays or Sundays. • They do not have a major complex. They nave one tnat's got two fields, otherwise it's single bali fields so never have large crowds in one area. • No lights. ParKS close at 10:30. Not in residential area. • Cannot have any glass. In other words, no botties of strong aicohol. • They nave not had many alcohol retated problems, but their setup is not conducive to heavy drinking. � Ea�an - Dorothv 681-4660 iNOt on List, but f had Heart! that tt�ev had Adui� Fields and Peonle could Drink� so I called themJ . . A4cohol is not allowed in City Parks. However, Aduit soi'ttball in summer they have an �rdinanCe that they are allowed 3.2 beer in cans only. Drinking ailowed only in tne parking lot. Not at the fieids or during games. This is to let the players "tailgate°. They have a complex of four fields for Adutt Leagues. This is not In a residentia� area. mey do not have many weekend tournaments for aduits. They focus on youth for the weeKends. 'rne City runs the leagues so they have a lot of control over tnem. This was decided tour or �ive vears ago and works well. �f there is a tournament, then they have a concesslon stand wnere tney control the beer corisumption. This is rare, however. No outside leagues from other communities. � � Edina -.Ju1ia Bertrand 927-8861 tThev were on List for Allowino Atcohol) • City Policy: All parks in genera! - no drinking. SomeCimes 3.2 beer permit can be obtained. They w are restricted to the number of permits that can be 9iven in a year. • In the six years sne has run the adult program, onlY on�e has an alcohol permit been pulled, and that was when she first started. That was for a region7i or nationai tournament. • nlotning stronger than 3.2 beer is ever allowed. • Almost exclusively youth tournaments. No or very feHr aduit tournaments. • They restrict who runs the tournaments. It must be tt�e Atnletic Association twhich has a lower fee of 55�, an Edina resident or an Edina Business. in c�ther words, a league from Cottage Grove cannot go to Ed+na and rent tt�e fields. • mere fields are down in a deep valiey. Homes came ir� iater but are above the fields. it is very isolated. 80 degree slopes, woods, brush up to homes„ Still have comptaints of lights and noise. LightS out at 11:00. • Adu1t leagues play M-T W-Th nights oniy. • They are not set up as an �enterprise". In other words, their goat is to provide quality recreation for their citizens, and they do try to breakeven. They are not in a position where they have to rent fietds to generate revenue. Their budget does n+ot depend on income. Rosemount - LaSalle 322-6011 1Ther are on the List far Allowins� AlcohoU • Bali fields are used M� F evenings only for leagues. T�eY do have some weekend tournaments. • Drinking is atlowed, but no bottles or gtass (which removes hard tiquor). Cannot drink on the bail field and players are not allowed to drink while tneV are plaVing a game. • Has a field supervisor that is a City employee. His satary comes out of the team fees. He is there before the games and locks up at night. He is responsible to make sure everYone is gone before he leaves. He enforces tne drinKing restrictions. 'If nF wasn't there enforcing, we'd nave a lot of • problems!" • Lights are out at 11.00. This is firm. Police patrol constantly around the area and in the parking iots and ba11 fields. • mey do have a S� 50 damage deposit. Teams are resp�onsible for making sure all trash is picked up. �f it isn�t, they lose the damage deposit. She isn�t shy about hanging on to the money. "Word gets around and then all of a sudden everyone's pickiiig up.� • Tney do have neighbors, °but it's a trailer park" t 0)"Utherwise, no residences in the area." • Alcohol is an issue for both Rosemount and Farmingtan. They are constantly reviewing the situation. • Advice? "Strict Rules, and sticK to tnem. You've got tc� have someone there that�s willing to enforce the rules and You�ve got to nave police patrol, otherwise you're just asking for trouble: � Cha�ca - Bridaet ANard 448-3176 (On List for Aqowins� Alcohoi • mey nave ticensed tne �ions and Jaycees to sell a�cohr�� c3.2 beer) and tney run concession stands for weekend tournaments. Sell burgers and hot dogs, too, so drinkers have food in stomachs. • General practice is not to allow coolers or carrying in af beverages. • Shut parks down at 10:00 sharp, lights out - no exceptaons. Police patroi�ed. She lets police know prior to tournaments when, where and who will be there so theY ha�e a"neads-up". Lots of cooperation between Parks and Rec and police. • �eagues are run through City Office. City teams only. Do not rent to teams that are not from the community. StafF person is responsible for men�s league, women's league, etc. �f there's a probiem, tnat staff person is held accountable. • Comment: �These are City facilities and Citizen's tax dot[ars. We need to remember who we serve.' � : � t � su I.AMAR �.DS January 21,1998 Cheryl Kohis • Uncontrolted Drinking which �eads to ■ Drunken Driving ■ Disrespect for Public and Private PropertY ■ Loud Foul Language ■ Increased Costs to City ■ Potential Liability on the Part of the City t?) . Residential Area ■ tawns Abutting Outfields ■ Homes Across the Street ■ invasion of P�rivacy ■ ttua�ftv ot tife lssue ■ Safety iS J@OpBrdiZed ■ Pulling out onto what is Essentialiy a Blind Intersection - p traffic generally doing weli over 55 mph Wha� Cheryl has Witnessed � ■ Public urination ■ Every Four-Letter Word Imaginable �oud enough to be heard six biocks away ■ Staggering to Vehicle witn Keys in One Hand and Beer in another ■ Driver couldnrt Maneuver our of Parking Lot - went up curb and on to grass ■ No Stopping at Stop Sign on 70'� and �amar ■ Golfing with Six-Pack next to them and Aiming for City Building - i was told to move my vehtcle or �parK at my own risK°. ■ Drinking in Parking Lot, whicn is against Clty Ordinance ■ Picnic Tables completeiy Covered witn Beer Cans Edge to Edge, Cans and Bottles Dropped wherever they Finished, Trash, Trash, Trash ■ 10:30 pm on Several Occasions, Baliplayers stiil around Drinking, Lights on, but No Supervisor to be Found ■ Banpiayer came to 7aik to me while I was in Venicle. He couldn't even stand up and had to l�an against my Blazer to Carry-on a Conversation ■ Squealing of Tires out of Parking Lot ■ WalKing onto Private Property ■ Heading East on 7�" Street between Cedarhurst and l.amar, which is a No Passing Zone - and Peopte Passing me in Dangerous Areas onty to Turn at �amar and into Ballpark ■ Unattended Young Children t3�4 years old) Playing Hide-and-Seek ln Busy Parking Lot � � - � what Residents are Saying and �iving With ■"Had to get central air so we could close the windows." � ■"I can�t even cut my grass because they get mad about the noise!�� ■�I can�t get into my driveway because tr�e block it. Sometimes can�t even get to my garage." ■"It's tough raising a son (who is about 2�ow) to be a good person wnen he has to witness this stuff all summer long." ■°We eitner hide out in the nouse or leave. We can�t enjoy our iawns at a11.� ■ Why don�t you ca11 the Police? ■~Tney have better things to do than get calls about noise. Somebody else may need them for s+�mething more important." ■"What's the use? It wifl just start in again tomorrow night, or next weeK. There isn�t anything we can do about it." ■"Staff has said we're nothing but a bunch of whiners.° ■�The last time I said somet;hing, within a few days someone was KnocKing on my door tetling me my trees weren't ptanted in the right place." ■"We're stucK with it. TheV� jammed it down our throat and toid us to live with it." ■"we iike to go for walks, but never walk in that direction!" ■"I have t0 9et up for work at 4:30 in the morning during the summer. It's tough when they are there every nignt." ■'I�ve got a three week old daughter now (1/2�. Next sumrner's going to be a lot different." . ■'i could tetl you things I�ve seen with th� drinking, but you wouldn't beiieve me.` ■"1 came around the corner of the house and found a guy that came to get a bali ready to hit my dog!" ■'If we need to go to Cottage Grove, we don�t even drive by there.' ■"I�m tired of picking their garbage up oiat of my yard! It's constant�° ■"YOU wouidn�t find this in Jack�s neignbc�rhood!" Overall Consensus tas far as I can tell) is that the ball gam�s during the week are not too bad. weekends just keep getting worse. The first year that they had someone out there monitoring, there was an improvement. However, this past summer was bad again. � � SPECIAL CLOSED MEETING COTTAGE GROVE CITY COUNCIL JANUARY 21, 1998 CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a special closed meeting on Wednesday, January 21, 1998, at the Cottage Grove City Hall, 7516 80 Street South. Mayor Denzer called the meeting to order at 7:00 p.m. ROLL CALL Present: Mayor John Denzer Council Member Jim Wolcott Council Member Rod Hale Council Member Cheryl Kohls Council Member Sandy Shiely • Also Present: Ryan Schroeder, City Administrator Caron Stransky, City Clerk Les Burshten, Public Works Director Harry Taylor, Utilities Foreman Bob Long, City Attorney — Kennedy & Graven Doug Gronii, Claims Manager — LMCIT Pursuant to the open meeting law, a closed meeting of the City Council was held to discuss potential litigation, legal claims, and to receive attorney-client privileged advice relating to the January 10, 1998 water main break. ADJOURNMENT MOTION BY SHIELY, SECONDED BY WOLCOTT, TO ADJOURN THE CLOSED SESSION AT 7:28 P.M. MOTION CARRIED. 5-0. R pectfully submitted, � Caron M. Stransky � City Clerk CMC REGULAR MEETING • COTTAGE GROVE CITY COUNCIL JAN UARY 21, 1998 CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, January 21, 1998, 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 Cheryl Kohls Council Member Jim Wolcott Council Member Rod Hale Council Member Sandy Shiely Also Present: Ryan Schroeder, City Administrator Caron Stransky, City Clerk Kim Lindquist, Community Development Director • Michelle Wolfe, Asst. City Administrator Liz Johnson, Acting Finance Director Les Burshten, Public Works Director Dennis Cusick, Public Safety Director Jerry Bourdon, City Engineer — BRAA Bob Long, City Attorney — Kennedy & Graven Mayor Denzer presided over the meeting. ADOPTION OF AGENDA MOTION BY WOLCOTT, SECONDED BY HALE, TO APPROVE THE FINAL AGENDA. MOTION CARRIED. 5-0. PRESENTATfONS Mayor Denzer read aloud a proclamation declaring the week of January 18 to 24, 1998, as Jaycee Week in the City of Cottage Grove. APPROVAL OF MINUTES There being no corrections, the minutes of the January 7, 1998 regular meeting were . accepted. REGULAR MEETING —1/21/98 COTTAGE GROVE CITY COUNCIL PAGE 2 • CONSENT CALENDAR Council Member Wolcott pulled Item M for discussion. Wolcott recommended tabling the plans and specifications for the 80 Street Improvement Project for two (2) weeks to give the City Engineer additional time to meet with residents along the north frontage road between Ideal Avenue and 79� Street. MOTION BY WOLCOTT, SECONDED BY HALE, TO TABLE ITEM M, PLANS AND SPECIFICATIONS FOR THE 80 STREET IMPROVEMENT PROJECT TO A SPECIAL MEETING TO BE HELD SOMETIME PRIOR TO THE FEBRUARY 4 REGULAR MEETING. MOTION CARRIED. 5-0. MOTION BY WOLCOTT, SECONDED BY SHIE�Y, T0: A. ACCEPT AND PLACE ON FILE ADVISORY COMMISSION MINUTES — NONE. B. ACCEPT THE RESIGNATION OF PATRICK MOSITES FROM THE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION. � C. ADOPT RESOLUTION NO. 98-02, A RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $21,850.20 TO HYDROCON INC., FOR THE WEST POINT DOUGLAS ROAD / PUBLIC WORKS UTILITY EXTENSION IMPROVEMENT PROJECT (BRAA FILE 48404). D. ADOPT RESOLUTION NO. 98-03, A RESOLUTION ACCEPTING $1,000 DONATION FROM THE 3M COMPANY FOR THE DRUG ABUSE RESISTANCE EDUCATION PROGRAM, AKA DARE. E. SCHEDULE FOR THE FEBRUARY 18, 1998 REGULAR COUNCIL MEETING, CONSIDERATION TO IMPOSE A CIVIL FINE AGAINST THE OWNER OF THE BOONDOCKS BAR & GRILL FOR A LIQUOR VIOLATION. F. ADOPT RESOLUTION NO. 98-04, A RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $7,558.55 TO PARKOS CONSTRUCTION FOR CONSTRUCTION OF THE KINGSTON PARK SHELTER. REPEAL RESOLUTION N0. 97-218. G. APPOINT THE FOLLOWING CITIZEN VOLUNTEERS TO THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES) PLANT ADVISORY COMMITTEE: ➢ Henry Mattaini, Jr., 7459 Ivystone Avenue South ➢ Bryce Thomberg, 8300 110 Street South • ➢ Tom Anderson, 11301 Inman Avenue South ➢ Brenda Sirotiak, 8465 110 Street South ➢ Connie House, 8234 100 Street South REGULAR MEETING —1/21/98 COTTAGE GROVE CITY COUNCIL PAGE 3 n U H. REMOVED FROM FINAL AGENDA. I. ACCEPT THE PAY EQUITY IMPLEMENTATION REPORT AND AUTHORIZE SUBMISSION TO THE MINNESOTA DEPARTMENT OF EMPLOYEE RELATIONS. J. ADOPT RESOLUTION NO. 98-05, A RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $43,787.31 TO HYDROCON INC., FOR THE HADLEY AVENUE SOUTH UTILITY AND STREET IMPROVEMENT PROJECT (BRAA FILE 48393). K. ADOPT RESOLUTION N0. 98-06, A RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $39,886.06 TO TOWER ASPHALT 1NC., FOR THE DISTRICT E1A 1995 STREET RECONSTRUCTION PROJECT. L. APPOINT NATHAN KINSEY TO REGULAR EMPLOYEE STATUS IN THE PUBLIC WORKS PARKS MAINTENANCE DIVISION EFFECTIVE JANUARY 21, 1998. M. TABLED. N. APPROVE CHANGE ORDER N0. 1 IN THE AMOUNT OF $11,100.00 TO THE HAMLET AVENUE SOUTH UTILITY AND STREET IMPROVEMENT CONTRACT WITH � HYDROCON, INC. THE CHANGE ORDER ADDS THE PAVING OF THE FINAL WEAR COURSE ON THE TURN LANE ALONG 100 STREET SOUTH (BRAA FILE 48393). O. APPROVE CHANGE ORDER NO. 2 IN THE AMOUNT OF $17,354.75 TO THE HAMLET AVENUE SOUTH UTILITY AND STREET IMPROVEMENT CONTRACT WITH HYDROCON, INC. THE CHANGE ORDER ADJUSTS THE PAY QUANTITIES TO REFLECT CHANGES MADE BY THE DEVELOPER FOR THE GRADiNG PLAN AND DEVELOPMENT LAYOUT SUBSEQUENT TO THE PREPARATION OF PLANS AND SPECIFICATIONS. P. APPOINT POLICE OFFICER JAMES SMITH TO THE POSITION OF POLICE SERGEANT, SUBJECT TO SATISFACTORY COMPLETION OF 12-MONTH PROBATIONARY PERIOD AND ALL TERMS AND CONDITIONS OF THE POLICE SERGEANT BARGAINING UNIT AGREEMENT. MOTION CARRIED. 5-0. OPEN FORUM City Attomey Bob Long addressed those in the audience regarding the January 10 water main break. Long reported the Council met in closed session with City staff, legal counsel • and the LMCfT Claims Manager. The City's insurance carrier, LMCIT, has not completed their investigation into the events and facts surrounding the water main break. No decision has been reached by LMCIT on whether or not they will assume any obligations for damage to private property. REGULAR MEETING —1/21/98 COTTAGE GROVE CITY COUNCIL PAG E 4 � Attorney Long then proceeded to respond to questions and concerns from Dave Roller representing Arthur Ashley of 8007 Hornell Avenue South, Wendy Ruka of 8014 Hornell Avenue South, and Phillip and Tracy Mclntire of 8032 Homell Avenue South whose properties were affected by the water main break. Residents in attendance were asked to keep accurate records of their losses and to file a notice of intent or liability claim for damages with the City Clerk. Once LMCIT has completed their investigation and a decision has been reached, the City Council agreed to hold a special meeting with residents affected by the water main break, if necessary. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES PUBLIC HEARINGS Improvement Hearina —1998 Street Rehabilitation Proiect Mayor Denzer announced the purpose of the hearing was to consider ordering the 1998 Street Rehabilitation Project. This project covers District E3, 90 Street lying between East Point Douglas Road and Inwood Avenue South, and the Woodridge Park Addition east of Jamaica Avenue South. The improvements include street rehabilitation of mill/overlay, • pavement removal/reclamation, reconstruction, and related appurtenances. City Attorney Bob Long reported the legal notice of hearing was in order and published in accordance to applicable law. Mayor Denzer opened the public hearing to those wishing to be heard. Council heard testimony from John Brier, 8986 Jasmine Lane South, Gary Kjellberg, 7389 Inman Avenue South, John Share, 8062 Ideal Avenue South, and Abigail Grenfell, 8267 81 S � Street South. John Brier stated there are no potholes or visible cracks in the surface of Jasmine Lane and the concrete curbs have not deteriorated. Brier requested that the condition of the road be re- evaluated. The proposed mill/over improvements are not needed. He expressed concern that 15 years from now the City will need to reconstruct the roadway. City Engineer Jerry Bourdon and Dave Hanson reported that Jasmine Lane was originally evaluated in 1992, re-evaluated in the summer of 1997, and again 10 days ago. Every crack found in the road was documented. Based on the condition of the roadway, mill/overlay improvements were chosen. The life expectancy for a mill/overlay is 15 years minimum. Surface cracks may not be visible at this time because the road was seal coated a few years ago. . Gary Kjellberg, 7389 Inman Avenue South, and past member of the Pavement Management Task Force, stated that the City and residents do not want to spend money on work that does not need to be done. Kjellberg supported the mill/overlay improvements. REGULAR MEETING — 1/21/98 COTTAGE GROVE CITY COUNCIL PAGE 5 � John Share, 8062 Ideal Avenue South, addressed two issues — type of improvements proposed and cost. He commented that the low-angle curbs on Ideal Avenue are in good condition and do not need to be replaced. Relative to the cost, he requested that the Council not change the current policy of assessing a percentage based on market vafue. Abigail Grenfell, 8267 81 Street South and Chair of the Pavement Management Task Force, voiced opposition to the proposed assessment policy discussed in workshop session at the last meeting. She requested that the assessment policy developed by the Task Force and adopted by the Council not change. Mayor Denzer clarified for those in attendance and the viewing audience that the assessment policy for this project has not changed. There being no further comments, Mayor Denzer closed the public hearing. MOTION BY WOLCOTT, SECONDED BY SHIELY, TO ADOPT RESOLUTION N0. 98-07, A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 1998 STREET RECONSTRUCTION PROJECT, AND TO ASSESS PROPERTIES AS FOLLOWS: . ➢ 1% OF THE ASSESSED MARKET VALUE, OR ACTUAL CONSTRUCTION COSTS FOR THE MILUOVERLAY REHABILITATION METHOD OF CONSTRUCTION. ➢ 1.25% OF THE ASSESSED MARKET VALUE, OR ACTUAL CONSTRUCTION COSTS FOR THE PAVEMENT REMOVAURECLAMATION METHOD OF CONSTRUCTION. ➢ 2% OF THE ASSESSED MARKET VALUE, OR ACTUAL CONSTRUCTION COSTS, FOR THE RECONSTRUCTION REHABILITATION METHOD OF CONSTRUCTION. MOTION CARRIED. 5-0. BID AWARDS Tree Trimminq MOTION BY HALE, SECONDED BY WOLCOTT, TO AWARD THE BID FOR THE 1998 TREE TRIMMING CONTRACT TO BLUE CH{P TREE COMPANY FOR $18.00 PER TREE OR A TOTAL AMOUNT NOT TO EXCEED $16,200. MOTION CARRIED. 5-0. UNFINISHED AND NEW BUSINESS • Consumption of Alcoholic Beveraqes in Citv Parks Council reviewed the report and survey prepared by Staff on the consumption of alcohol in City parks, especially at Lamar Ball Park. REGULAR MEETING —1/21/98 COTTAGE GROVE CITY COUNCIL PAGE 6 • Kohls reported she surveyed seven (7) communities in the metropolitan that allow drinking in city parks and briefly highlighted the results. An outline of the survey was distributed to the Mayor and Council, a copy of which is attached to and made a part of the original minutes. Kohls recommended that the City Council consider banning alcohol at the Lamar Ball Park. Eric Nelson, 9396 Indian Court South, stated the acts witnessed by Kohls are illegal and enforceable by the Police Department. Parks & Recreation Director John Fredrickson reported a few years ago, a Task Force comprised of a number of area residents, ball players, and City staff studied a number of issues relating ta alcohol consumption at the park. A number of recommendations were referred to the City Council and ultimately approved. One of the recommendations approved by the Council was that the Parks and Recreation Department would employ a part-time site supervisor to conduct random inspection of activities on weeknights and weekends. Wolcott suggested banning alcohol at the Lamar Ball Park only on weekends. Council heard testimony from Eric Nelson and Gary Kjellberg. It was suggested that the • tournament organizers be required to hire the site supervisor or a police officer during weekend tournaments. MOTION BY KOHLS, SECONDED BY SHIELY, TO DIRECT STAFF TO DRAFT AN ORDINANCE BANNING ALCOHOL IN ALL CITY PARKS AND TO REFER THE DRAFT ORDINANCE TO THE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION AND PUBLIC SAFETY, HEALTH, AND WELFARE COMMISSION FOR REVIEW AND RECOMMENDATION. MOTION CARRIED. 5-0. Proqosed Tobacco Ordinance MOTION BY WOLCOTf, SECONDED BY HALE, TO ADOPT THE PROPOSED TOBACCO ORDINANCE, AMENDING CHAPTER 6A OF CITY CODE. Shiely clarified for the audience that the draft ordinance restricts the age of clerks selling tobacco or tobacco-related products at 18. Council heard testimony from Eileen Weber, 8450 Indian Blvd. South, John Hopkins, Assistant Principal at Cottage Grove Junior High, Stacey lago, student at Cottage Grove Junior High, Christine Norton, teacher at Park High, and Buth Moening, School District 833 Athletic Director, advocates for the proposed ordinance. • Eileen Weber, 8450 Indian Blvd South, expressed support for the proposed ordinance and read aloud a letter addressed to Mayor Jack Denzer from Attorney General Hubert H. Humphrey III, encouraging strict regulation and enforcement of tobacco sales. Weber informed the Council she was in favor of the age restriction for sales clerks. REGULAR MEETING — 1/21/98 COTTAGE GROVE CITY COUNCIL PAGE 7 • Denzer expressed concem that restricting the age for sales cierks could put minors out of work. John Hopkins, Assistant Principal at Cottage Grove Junior High School, stated he was in favor of restricting the age of clerks selling tobacco at 18. He commented that minors should not be allowed to seN cigarettes. Stacy lago, student from Cottage Grove Junior High School, requested that there be harsher consequences for providers and users of tobacco. The expressed concem that the fine for underage possession be higher. Public Safety Director Dennis Cusick confirmed that the fine for underage possession is $25.00 for the first violation; $50.00 for a second violation; and $75.00 for third violation. Christine Norton, a teacher at Park Senior High School, urged the Council to vote to safeguard the lives of teens from the deadly and highly addictive substance, just as you would vote to keep playgrounds and intersections safe. Butch Moening, School District 833 Athletic Director, voiced support for a strong tobacco � ordinance. Weber presented a petition signed by 101 various health care providers, parents, teachers, and students in the City. The petition calls for a$250 license fee. Weber asked the Council to support the 18 year old age restriction for sales clerks and to ban self-service sales including multi-packs. The petition is attached to and made a part of the original minutes. Mark Erickson of Superamercia (SA) reported the City of Woodbury does not restrict the age of sales clerks at 18, nor do the cities of Bloomington, Oakdale, or Newport. If the age restriction remains in the ordinance, he would have to terminate his underage employees. John St. John, SA Store Manager, stated that every fifth sale is a cigarette sale. If the age restriction remains in the ordinance, he could not employ anyone under the age of 18. An existing employee, Jenny Anderson, who is an excellent employee, would have to be terminated. He requested that the Council reconsider the provision. Shiely asked what would happen to Ms. Anderson if she sold cigarettes to a minor during a sting operation. Cusick responded that under the Administrative Citation Ordinance, a citation would be issued and $75.00 fine for the sale to a minor would be imposed. In addition, the licensee would be issued a citation and a fine would be imposed -- $100 for the first, $200 for the • second, and $300 for the third violation. St. Johns stated that if an employee were cited, the employee would pay the fine. He commented that his younger employees card better than his employees in the 19-22 age REGULAR MEETING —1/21/98 COTTAGE GROVE CITY COUNCIL PAG E 8 � group do. SA is in compliance with everything in the proposed ordinance except the age restriction. Jenny Anderson stated she is 17 years old and a student at Park Senior High School. She has worked at SA for 1.5 years and has passed all sting operations. Anderson commented that on several occasions fellow students have expected her to sell cigarettes to them. Scott Fischer of Jamaica Food Mart expressed concem over restricting the age of clerks selling tobacco. His 16 to18 year old employees can point out underage customers better than his older employees. Fischer informed the Council they failed the last tobacco sting operation by the City. The underage customer was a 15 year old bearded male who iooked at least 27. Erickson suggested as an alternative to restricting the age to sell, that the City require that there be an 18-year old present at all times. Matt Abel, a student at Park Senior High School, commented that economics should not be more important than moral values and ethics. Should a minor be allowed to sell something they cannot use? � Eric Nelson, Manager of MGM Liquor Warehouse, requested that the following language be added to Section 800, self-service sales: The self-service restriction described in this section shall not apply to retail stores which derive at least 90% of their revenue from tobacco and tobacco-related products or which cannot be entered at any time by persons younger than 18 years of age. Without the language added, an exclusive tobacco store could not operate a business in Cottage Grove. Nelson stated he would like to see a higher fine for underage possession and underage use. MOTION BY HALE, SECONDED BY SHIELY, TO AMEND THE PROPOSED TOBACCO ORDINANCE BY DELETING THE FOLLOWING SENTENCE IN SECTION 800, SELF- SERVICE SALES: a � � . � � ti � _ � � � � i . � � � _ �1��J�T7��7A�1�1 ■ �� � �:�-� _�— � ��:��::—.�^�:�_��� �—.�— _ � �=�.�.��—._.�.—.� MOTION CARRIED. 5-0. . Kohls concurred that the fines for underage possession should be higher. Cusick informed the Council that under Resolution #97-183, the following administrative penalties have been established for tobacco violations: REGULAR MEETING —1/21/98 COTTAGE GROVE CITY COUNCIL PAG E 9 C� � � ➢ Sale to a Minor : Licensee Seller: ➢ Underage Possession: ➢ Underage Use: $100 first violation $200 second violation $300 third violation $75 $25 first violation $50 second violation $75 third violation $100 fourth violation $25 first violation $50 second violation $75 third violation $100 fourth violation Shiely commented that the fine for underage use and possession should be the same as sale to a minor. There was Council discussion on the fee schedule for citations issued under the administrative ordinance, as well as the appropriate license fee. Following discussion, Mayor Denzer suggested that the ordinance be tabled. He stated he would like to see the proposed ordinance amended to include the language recommended by Mr. Nelson earlier in the meeting. Jack Lanners, owner of MGM Liquor Warehouse, suggested imposing significant administrative fines in the ordinance. MOTION BY DENZER, SECONDED BY WOLCOTT, TO TABLE THE PROPOSED TOBACCO ORDINANCE. MOTION CARRIED. 3-2. (SHIELY AND KOHLS VOTED NAY). AUAR & Mitiqation Plan for West Draw Studv Area MOTION BY WOLCOTT, SECONDED BY HALE, TO ADOPT THE ALTERNATIVE URBAN AREA-WIDE REVIEW (AUAR) AND MITIGATION PLAN FOR THE WEST DRAW STUDY AREA For the record, Council directed Staff to notify the Metropolitan Council that the City has no intention of requiring anyone to hook up to public services if they are in a rural area currently served by private services. MOTION CARRIED. 5-0. Adopt Ordinance and Resolution for West Draw Meadows REGULAR MEETING —1/21/98 COTTAGE GROVE CITY COUNCIL PAGE 10 • Council reviewed the applications of Centex Homes to rezone property to PUD, site plan, and preliminary plat approval to develop a residential subdivision known as "West Draw Meadows." MOTION BY HALE, SECONDED BY WOLCOTT, TO PASS ORDINANCE NO. 652, AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING CHAPTER 28, SECTION 28-6, ZONING MAP VIA REZONING PROPERTY FROM "R2.5" RESIDENTIAL DISTRICT TO "PUD" PLANNED UNIT DEVELOPMENT. MOTION BY HALE, SECONDED BY WOLCOTT, TO RATIFY SUPPORT REQUIRING THE DESIGNATED COLLECTOR ROAD TO BE 38 FEET FRONT TO FRONT IN WIDTH (CONDITION #27). ALSO, THE DEVELOPER MUST ENTER INTO A SUBDIVISION AGREEMENT WITH THE CITY OF COTTAGE GROVE FOR THE INSTALLATION OF, AND PAYMENT FOR, ALL PUBLIC IMPROVEMENTS (CONDITION #22) AND THAT MOTION CARRIED. 5-0. There was discussion regarding wetland replacement, reduction of storm water, proposed traffic counts, driveway accesses along 65 Street, and park dedication. There was concern that the property was previously rezoned R2.5 and today to PUD. . Dan Blake of Centex Homes, Jon Auge, Chair of the Planning Commission, Kim Lindquist, Community Development Director, and John Fredrickson, Parks & Recreation Director, responded to questions and concerns from the Council. MOTION BY WOLCOTT, SECONDED BY HALE, TO ADOPT RESOLUTION NO. 98-08, TO ADOPT A RESOLUTION APPROVING THE SITE PLAN REVIEW AND PRELIMINARY PLAT KNOWN AS WEST DRAW MEADOWS. MOTION CARRIED. 5-0. West Draw — Phase I Feasibilitv Studv Council received the West Draw (Phase 1) Feasibility Study. Referencing the map (figure 1) in the feasibility study, Hale pointed out that when feasibility study is prepared for the Gonyea development area, it should include a connection to Hardwood Avenue. MOTION BY HALE, SECONDED BY SHIELY, TO RECEIVE THE WEST DRAW PHASE 1 FEASIBILITY. MOTION CARRIED. 5-0. Inman Avenue Railroad Crossinq Council considered authorizing the construction of the Inman Avenue Railroad Crossing in . 1998. Wolcott commented that the project was not budgeted. He stated the City already scheduled a project for 1998 that will cost $30,000, i.e. City Hall information board. REGULAR MEETING —1/21/98 COTTAGE GROVE CITY COUNCIL PAG E 11 CJ Schroeder stated this project would be paid for out of the closed construction fund. Wolcott stated the project should be funded through the operating budget. Something budgeted should be delayed in order to fund the project. MOTION BY HALE, SECONDED BY WOLCOTT, TO AUTHORIZE CONSTRUCTION OF THE INMAN AVENUE RAILROAD CROSSING IN 1998, WITH FUNDING FROM THE OPERATING BUDGET. MOTION CARRIED. 4-0-1 (SHIELY ABSTAINED). Corridor Demonstration Coordinatinq Committee Schroeder requested that Council appoint Community Development Director Kim Lindquist and one (1) member of the Council to serve on the Corridor Demonstration Coordinating Committee. The Mayor and Council expressed interest in serving on the Committee and a willingness to attend meetings, dependent upon when they would be held. Annual Board of Review � Council directed staff to inform Washington County that Cottage Grove will continue to serve as the local Board of Review and to schedu{ed the 1998 Local Board of Review for: ➢ Wednesday, April 8, 1998 — 4:00-6:00 p.m. — Cottage Grove City Hall ➢ Wednesday, April 22, 1998 — 7:30 p.m. — Cottage Grove City Hall. City Administrator Ryan Schroeder provided an update on the "Green Acres" legislative bill being heard in committee January 22. COUNCIL COMMENTS AND REQUESTS Denzer asked staff to investigate whether any building restrictions are in place for the City of Hastings due to Highway 10/61 traffic. Shiely suggested that developers interested in the West Draw be required to present conceptual plans to the City Council. Hale requested that staff send a letter of appreciation to Pat Mosites for his past service to the community as a member of the Parks, Recreation and Natural Resources Commission and the City's representative on the Washington County Parks Board. � Hale asked staff to look at the pipe involved in the January 10 water main break to determine liability. REGULAR MEETING —1/21/98 COTTAGE GROVE CITY COUNCIL PAG E 12 � At the suggestion of Hale, Council referred the issue of allowing alcoholic beverages in the parks to the Parks Commission and Public Safety Commission for their review and recommendation. Relative to the Tobacco Ordinance, Hale stated that the license fee ought to cover the cost of administering the ordinance. Shiely stated we should also look at the cost of an "off sale" 3.2 beer license. If that fee is more than $100.00 it should be increased. PAY BILLS MOTION BY WOLCOTT, SECONDED BY HALE, TO APPROVE PAYMENT OF CHECK NUMBERS 100780 TO 1010061N THE AMOUNT OF $810,641.57. MOTION CARRIED. 5-0. WORKSHOP SESSION Due to the hour, Mayor Denzer cancelled the workshop session. ADJOURNMENT • MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADJOURN THE REGULAR MEETING AT 12:25 A.M. MOTION CARRIED. 5-0. Respectfully submitted, �� � Caron M. Stransky City Clerk CMC Att.2 .