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Home My WebLink About1998-02-18 MINUTESFINAL AGENDA COTTAGE GROVE CITY COUNCIL FEBRUARY 18, 1998 RECEPTION — 7:00 P.M. -- Exhibit on Washington County Inventors REGULAR MEETING — 7:30 P.M. CALL TO ORDER — Mayor ROLL CALL — City Clerk 1. ADOPTION OF AGENDA 2. PRESENTATIONS A. Proclamation Declaring Saturday, February 28, 1998, as "Beane Team — Walk for the Heart Da�' 3. APPROVAL OF MINUTES A. Regular Meeting of January 21, 1998 B. Special Meeting of February 3, 1998 C. Special Meeting of February 4, 1998 . � 4. CONSENT CALENDAR A. Accept and Place on Fi{e the Following Minutes: i. Parks, Recreation and Natural Resources Commission Meeting of January 12, 1998 ii. Public Works Commission Meeting of January 12, 1998 iii. Economic Development Meeting of January 13, 1998. B. Amend Fee Resolution for Cost to Dispose of Used Appliances during Spring � C. D. E. F. G. H. I. J. K. L. Cleanup. Adopt Resolution Authorizing Installation of a Stop Sign on E. Pt. Douglas Rd Near Cub Foods Approve Change Order #15, Swanson Plumbing & Heating for Public Works Expansion Approve Change Order #14, Swanson Plumbing & Heating for Public Works Expansion Adopt Resolution Approving Renewal of Class "A" Premise Permit for CGAA Adopt Resolution for 1997 General Fund and 1997 Special Revenue Fund Budget Amendments Adopt Resolution for 1997 to 1998 Budget Carry Forwards Receive Status Report on Property Damage Claims from the January 10 Water Main Break Appoint Donna Boehm to Economic Development Authority Approve Re-appointment of Donald Strom and William Schmidt to the Public Safety, Health and Welfare Commission Approve Re-appointment of Terry Miller, F�anklin Star, and Diane Fredrickson to the Parks, Recreation, and Natural Resources Commission Regular City Council Meeting — February 18, 1998 Page 2 • 5. 6. 7. • 8. . M. Approve Re-appointment of Gary Golusky and Sharon Sawyer to the Advisory Committee on Historic Preservation N. Receive Information on Isle Avenue Sidewalk Installation O. Receive Information on the Minnesota Resources Grant P. Adopt Resolution Approving Conditional Use Permit for Liquor Use and Site Plan for Applebee's Restaurant Q. Approve Appointment of Police Dispatcher Heather Hom to Regular Full-time Status R. Approve Appointment of Police Dispatcher Amy Leuck to Regular Full-time Status S. Accept Revised Schedule for the Surface Water Management Plan T. Accept Information Regarding the 1998 Pavement Management Project U. Acknowledge Objection to Liquor Violation from Owner of Boondocks Bar & Grill. Refer to City Attorney's Office for Procedural Recommendation �PEN F�RUM — Residents wishing to address the Council are asked to sign-in using the log sheet located on the table in the back of the Council Chambers prior to Open Forum. Residents are a/so encouraged to limit their remarks to 3 minutes. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES - None PUBLIC HEARINGS - None BID AWARDS A. Award Purchase of Ice Temperature Control and Automatic Capacity Control to Gartner Refrigeration B. Award Purchase of Platform Vehicle Lift for Fleet Maintenance to Sefac Lift & Equipment Corporation 9. UNFINISHED AND NEW BUSINESS A. Adopt Tobacco and Tobacco Related Products Ordinance B. Discuss Response to South Washington Watershed District C. Adopt Resolution Approving Preliminary Plat for Hauck Family Farms 10 11 RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS - None COUNCIL COMMENTS AND REQUESTS A. Verbal Response Regarding the Ashland Site Preserve 12. PAY BILLS A. Approve Payment of Check Numbers 101181 to 101401 in the Amount of $717,496.25 13. 14 WORKSHOP SESSION — OPEN TO PUBLIC - None CLOSED SESSION -- None ADJOURNMENT REGULAR MEETING COTTAGE GROVE CITY COUNCIL • FEBRUARY 18, 1998 CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, February 18, 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 Sandy Shiely Council Member Rod Hale Staff Present: Ryan Schroeder, City Administrator Caron Stransky, City Clerk Bob Long, City Attorney — Kennedy & Graven Jerry Bourdon, City Engineer — BRAA Dennis Cusick, Public Safety Director . Les Burshten, Public Works Director Kim Lindquist, Community Development Director ADOPTION OF AGENDA MOTION BY WOLCOTT, SECONDED BY HALE, TO APPROVE THE FINAL AGENDA. MOTION CARRIED. 5-0. PROCLAMATION Mayor Denzer read aloud the proclamation declaring Saturday, February 28, 1998, as "Beane Team — Walk for the Heart Day" in the City of Cottage Grove. APPROVAL OF MINUTES There being no corrections, the minutes of the January 21 Regular meeting, February 3 Special meeting and February 4 Special meeting were accepted. CONSENT CALENDAR Council pulled items C and N for discussion. Resolution Authorizinq Installation of Stop Siqn on E. Point Douplas Road near Cub Foods � Council Member Hale suggested that the City's traffic engineer evaluate the appropriateness of the installation of a stop sign at said location. REGULAR MEETING — February 18, 1998 Cottage Grove City Council Page 2 • MOTION BY HALE, SECONDED BY WOLCOTT, TO REFER THE RECOMMENDATION OF THE PUBLIC SAFETY, HEALTH AND WELFARE COMMISSION TO INSTALL A STOP SIGN ON EAST POINT DOUGLAS ROAD NEAR CUB FOODS TO THE CITY'S TRAFFIC ENGINEER FOR REVIEW AND COMMENT. MOTION CARRIED. 5-0. Receive Information on Isle Avenue Sidewalk Installation Council Member Shiely asked for an update relative to the property owners on the south side of Ivywood Avenue South. Burshten stated that he met with the residents abutting a small segment along the south side of 8271 Ivywood Avenue. The residents were agreeable to the sidewalk installation. MOTION BY WOLCOTT, SECONDED BY KOHLS, T0: A. ACCEPT AND PLACE ON FILE THE MINUTES OF THE: 1. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MEETING OF JAN UARY 12, 1998. 2. PUBLIC WORKS COMMISSION MEETING OF JANUARY 12, 1998. • 3. ECONOMIC DEVELOPMENT AUTHORITY MEETING OF JANUARY 13, 1998. B. ADOPT RESOLUTION NO. 98-19, A RESOLUTION AMENDING THE FEE SCHEDULE FOR SPRING CLEANUP {M RESOLUTION NO. 97-207, A RESOLUTION ESTABLISHING FEES FOR 1998. C. PULLED FROM CONSENT CALENDAR. D. APPROVE CHANGE ORDER NO. 15 TO THE CONTRACT WITH SWANSON PLUMBING AND HEATING FOR THE PUBLIC WORKS EXPANSION PROJECT. A DEDUCT TOTALING $58.67. E. APPROVE CHANGE ORDER NO. 14 TO THE CONTRACT WITH SWANSON AND YOUNGDALE FOR THE PUBLIC WORKS EXPANSION PROJECT IN THE ADDITIONAL AMOUNT $690.00. F. ADOPT RESOLUTION NO. 98-20, A RESOLUTION APPROVING APPLICATION OF COTTAGE GROVE ATHLETfC ASSOCIATION FOR RENEWAL OF CLASS "A" PREMISE PERMIT NO. A-01612-004 TO CONDUCT LAWFUL PURPOSE GAMBLING AT THE FANTASY CRUISE BINGO HALL LOCATED AT 8200 HADLEY AVENUE SOUTH. • G. ADOPT RESOLUTION NO. 98-21, A RESOLUTION AMENDING THE 1997 GENERAL FUND BUDGET, 1997 SPECIAL RECREATION BUDGET, AND THE 1997 ICE ARENA FUND BUDGETS. REGULAR MEETING — February 18, 1998 Cottage Grove City Council Page 3 • H. ADOPT RESOLUTION NO. 98-22, A RESOLUTION APPROVING 1997 TO 1998 BUDGET CARRY FORWARDS TOTALING $89,400. I. RECEIVE STATUS REPORT FROM CITY CLERK CARON STRANSKY ON THE JANUARY 10 WATER MAIN BREAK PROPERTY DAMAGE CLAIMS. APPOINT DONNA BOEHM TO THE ECONOMIC DEVELOPMENT AUTHORITY FOR A SIX-YEAR TERM TO EXPIRE DECEMBER 31, 2003. K. RE-APPOINT WILLIAM SCHMIDT AND DONALD STROM TO THE PUBLIC SAFETY, HEALTH, AND WELFARE COMMISSION FOR TWO-YEAR TERMS TO EXPIRE FEBRUARY 28, 2000. L. APPOINT TERRY MILLER AS THE 1998 CHAIR OF THE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION. RE-APPOINT FRANKLIN STAR AND DIANE FREDRICKSON TO THE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION FOR TWO-YEAR TERMS TO EXPIRE FEBRUARY 28, 2000. • M. RE-APPOINT GARY GOLUSKY, CHAIR, AND SHARON SAWYER, VICE CHAIR, OF THE ADVISORY COMMITTEE ON HISTORIC PRESERVATION FOR TWO-YEAR TERMS TO EXPIRE FEBRUARY 28, 2000. N. RECEIVE {NFORMATION ON ISLE AVENUE SOUTH SIDEWALK INSTALLATION. 0. RECEIVE INFORMATION ON LEGISLATIVE COMMISSION ON MINNESOTA RESOURCES (LCMR) GRANT. P. ADOPT RESOLUTION N0. 98-23, A RESOLUTION APPROVING SITE PLAN FOR APPLEBEE'S INTERNATIONAL INC., FOR CONSTRUCTION OF A NEW COMMERCIAL RESTAURANT BUILDING ON LOT 2, BLOCK 1, GROVE PLAZA (AKA 7190 EAST POINT DOUGLAS ROAD), AND A CONDITIONAL USE PERMIT FOR LIQUOR USE ON SAID PROPERTY. Q. APPROVE APPOINTMENT OF COTTAGE GROVE PUBLIC SAFETY DISPATCHER HEATHER HOM TO REGULAR FULL-TIME STATUS. R. APPROVE APPOINTMENT OF COTTAGE GROVE PUBLIC SAFETY DISPATCHER AMY LEUCK TO REGULAR FULL-TIME STATUS. S. ACCEPT THE PROPOSED SCHEDULE PREPARED BY ANGELA POPENHAGEN OF • BRAA FOR THE SURFACE WATER MANAGEMENT PLAN. REGULAR MEETING — February 18, 1998 Cottage Grove City Council Page 4 • T. ACCEPT INFORMATION FROM DAVE HANSON OF BRAA ON THE 1998 PAVEMENT MANAGEMENT PROJECT. U. ACKNOWLEDGE OBJECTION TO THE LIQUOR VIOLATION FROM THE OWNER OF THE BOONDOCKS BAR & GRILL AND REFER THE MATTER TO THE CITY ATTORNEY'S OFF{CE FOR PROCEDURAL RECOMMENDATION. MOTION CARRIED. 5-0. OPEN FORUM Henry Mattaini Jr. of 7459 Ivystone Avenue South and member of the South Washington Waste Treatment Plant Advisory Committee provided a verbal update regarding their first meeting. He expressed concern about the number of trucks estimated to travel in and out of the plant on a daily basis. Additional truck tratfic will deteriorate the existing road. Mattaini suggested that a new roadway be installed along the ravine where the new pipeline will be installed. Richard King of 10855 68 Street South expressed concern about an artic{e in the Washington County Bulletin where it was reported that "King was behind the complaints • regarding alcohol problems at the Lamar Ball Field". He asked the Council when they will _ make a decision on banning alcohol in the park. City Administrator Ryan Schroeder informed Mr. King that the matter has been referred to the Public Safety, Health and Welfare Commission and the Parks, Recreation, and Natural Resources Commission for review and recommendation. On a separate matter, King commented that someone should ask the County Attorney's Office to drop the campaign violation charges filed against Council Member Kohls. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES — None. PUBLfC HEARINGS — None. BID AWARDS Ice Temperature and Automatic Capacitv Controls (a� Ice Arena MOTlON BY HALE, SECONDED BY WOLCOTT, TO AUTHORIZE THE PURCHASE OF AN ICE TEMPERATURE CONTROL AND AUTOMATIC CAPACITY CONTROL TO GARTNER REFRIGERATION IN THE AMOUNT OF $24,926. MOTION CARRIED. 5-0. . Platform Vehicle Lift CcD Public Works Garaqe MOTION BY WOLCOTT, SECONDED BY KOHLS, TO AUTHORIZE PURCHASE OF A PLATFORM VEHICLE LIFT FOR THE PUBLIC WORKS DEPARTMENT FLEET REGULAR MEETING — February 18, 1998 Cottage Grove City Council Page 5 � MAINTENANCE DIVISION IN THE AMOUNT OF $41,989.00. MOTION CARRIED. MOTION CARRIED. 5-0. UNFINISHED AND NEW BUSINESS Proposed Tobacco Ordinance MOTION BY HALE, SECONDED BY WOLCOTT, TO ADOPT ORDINANCE NO. 654, AN ORDINANCE OF THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING CHAPTER 6A OF CITY CODE RELATING TO CIGARETTES, TOBACCO, AND TOBACCO-RELATED DEVICES, WITH OPTION TWO UNDER SECTION 6A-14. Council reviewed the two options included in the draft Ordinance on restricting the sale of tobacco, tobacco products, or tobacco-related devices by a minor. Option 1 would make it illegal for a retail establishment to cause or permit a minor to sell. A minor is defined as a person under the age of 18. Option 2 would make it illegal for a retail establishment to cause or permit a minor to sell, unless there is an adult employee (18 years or older) on duty and present within the establishment. There was extensive discussion on: (1) whether or not to allow minors (under 18 years) to • sell tobacco and tobacco-related products; (2) the fine proposed for a minor selling tobacco and tobacco-related products to a minor; and (3) the fine for a minor attempting to purchase or in possession of tobacco or tobacco-related products. Kohls distributed a copy of a survey she conducted of five (5) communities, a copy of which is attached to the original minutes, and recommended that the following penalties or fines be changed: ➢ For a licensee selling to a minor, impose a seven-day suspension on the second offense and a 30-day suspension on a third offense. ➢ For a minor attempting to purchase or in possession, increase the fine for a second offense to $100; third offense $150; and fourth offense $200. Kohls suggested adding language in the proposed ordinance making it a gross misdemeanor for an adult purchasing for a minor or foaning identification for intent to purchase tobacco or tobacco-related products. Kohls commented she was philosophically opposed to allowing a 16-year-old to sell tobacco and tobacco-related products, when it is illegal to purchase if you are not 18. Shiely expressed concem about utilizing minors under 16 years of age for compliance checks. Also, she was opposed to allowing 16 year olds to sell tobacco or tobacco-related products. � Council heard differing views on the proposed ordinance from Mark Erickson, Superamerica, Eric Nelson, MGM Liquor Warehouse, John St. John, Superamerica, Henry Mattaini, REGULAR MEETING — February 18, 1998 Cottage Grove City Council _ Page 6 � resident, Steve Linn, Linn Enterprises, Winston Riedesel, resident, AI Olson, resident, and Matt Abdel, student at Park Senior High School. MOTION BY HALE, SECONDED BY KOHLS, TO AMEND SECTION 6A-13, PENALTIES, SUB. 3 MINORS, TO READ AS FOLLOWS: Sub. 3 Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase tobacco, tobacco products, or tobacco- related devices, shall be found in violation of this ordinance and subject to appropriate penalties which may include tobacco-related education classes, diversion programs, community service and/or administrative fines of $25 -- first violation; $5A- 100 — second violation; $� 150 — third violation; and $�AA 200 — fourth violation. MOTION CARRIED. 4-1 (SHIELY VOTING NAY). UPON VOTE BEING TAKEN ON ORIGINAL MOTION AS AMENDED, MOTION CARRIED. 3-2 (SHIELY AND KOHLS VOTED NAY). South Washinqton Watershed District • Council discussed the responses proposed by Community Development Director Kim Lindquist to the South Washington Watershed District (SWWD) relative to the January 28, 1998, letter from the City of Woodbury to the SWWD. Preliminary Plat — Hauck Familv Farms Council considered the preliminary plat application of U.S. Home, Thompson Land Division, for the 102-1ot residential subdivision known as Hauck Family Farms. MOTION BY HALE, SECONDED BY WOLCOTT, TO ADOPT RESOLUTION N0. 98-24, A RESOLUTION APPROVING THE PRELIMINARY PLAT KNOWN AS HAUCK FAMILY FARMS. Bill Pritchard, Orrin Thompson Homes, requested that Council consider revising condition 16 in the proposed resolution on the street lighting utility charges and seal coating. UPON VOTE BEING TAKEN, MOTION CARRIED. 5-0. RESPONSE TO PREVIOUSLY RAISED COUNClL COMMENTS AND REQUESTS -- None. COUNCIL COMMENTS AND REQUESTS • Verbal Report — Ashland Site Prairie Preserve REGULAR MEETING — February 18, 1998 Cottage Grove City Council Page 7 Council discussed the proposal of the Department of Natural Resources (DNR) to purchase property within the City of Cottage Grove for a prairie preserve, as well as the proposal to fund the acquisition in the Governor's Bonding Bill. Administrator Schroeder pointed out on a map, the boundaries of the property proposed to be purchased by the DNR. He proposed adding language to the bonding bill that would require that the boundaries of the project to be mutually agreed upon between the DNR and the City. Eileen Weber, Co-Chair of the CityVision 21 Task Force, and Tom Bell of Grey Cloud Township, testified in supported for the prairie preserve proposal. Following discussion, Council authorized staff to send a letter to Assistant Majority Leader Sharon Marko requesting that legislation be added to the Governor's Bonding Bill that would direct the DNR and Cottage Grove to agree on the property description of the proposed prairie preserve. PAY BILLS MOTION BY WOLCOTT, SECONDED BY HALE, TO APPROVE PAYMENT OF CHECK NUMBERS 101181 TO 101401 IN THE AMOUNT OF $717,496.25. MOTION CARRIED. 5-0. � ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADJOURN THE REGULAR MEETING AT 10:18 P.M. MOTION CARRIED. 5-0. Re ectfully submitted, m �� Caron M. Stransky U City Clerk CMC Attachment.1 . � � � Q � Z 1�• ��°:.. . -��; � .�.+ c � G+ Q � � � a � z�.. a = C Q O • C � � � Q a �� v, � a� c� `� ' � �o � + � m � m C � � d � m oQo � m c �� r N 1 � � O N �O ,,.,� t� +EA t�l3 � .� a � c � 0 0 �N � p, N � � � C 'a C� r.+ O � Z ♦ V � N � �� 000 � � � e� t'V M . . . � N M �� Q .� o t3 .� >� � O z � w .� U � ..1 CJ? d C lL �[i 1� t!� d L. 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