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Home My WebLink About1998-04-15 MINUTESREGULAR MEETING • COTTAGE GROVE CITY COUNCIL APRIL 15, 1998 CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, April 15, 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 Jim Wolcott Council Member Cheryi Kohls Council Member Sandy Shiely Council Member Rod Hale Absent: None Staff Present: Ryan Schroeder, City Administrator Caron M. Stransky, City Clerk • Liz Johnson, Acting Finance Director Kim Lindquist, Community Development Director Michelle Wolfe, Assistant City Administrator Jerry Bourdon, City Engineer, BRAA Bob Long, City Attorney, Kennedy & Graven Les Burshten, Public Works Director Jim Kinsey, Acting Public Safety Director Dean Mulso, Ice Arena Manager Mayor Denzer presided over the meeting. ADOPTION OF AGENDA Council amended the agenda. Item 4.0, Resolution Amendinq 1998 Fee Schedule, was moved to 9.E. Item 2.A., Presentation from Mvra Peterson reqardinq 911 Telecommunications was added. MOTION BY WOLCOTT, SECONDED BY HALE, TO APPROVE THE FINAL AGENDA AS AMENDED. MOTION CARRIED. 5-0. PRESENTATIONS • Council Member Shiely read aloud a proclamation declaring April 24 as "Arbor Day" and May as "Arbor Month." REGULAR MEETING — 4/15/98 Page 2 Cottage Grove City Council • Washington County Commissioner Myra Peterson presented a proclamation to City Dispatcher Caroline MacAskill on behalf of the Metcopolitan 911 Telecommunications Board. APPROVAL OF MINUTES — None. CONSENT CALENDAR Council pulled Item P, Ordinance relating to Off-Sale Intoxicatinq Liquor Licenses, for discussion purposes. Council Member Hale expressed a concern about the saturation of liquor establishments in one area of the City. He suggested that the proposed 300-foot distance between liquor establishments be expanded. Council Member Wolcott suggested that the ordinance be amended to restrict off-sale liquor establishment within 1,000 feet of another off-sale liquor establishment. MOTION BY HALE, SECONDED BY WOLCOTT, TO AMEND SECTION 3-7 (C) OF THE PROPOSED ORDINANCE TO READ: "Off Sale" licenses shall be issued only to exclusive liquor stores where • the furnishings, fixtures and structures, exclusive of land and stock in trade, have a fair market value of more than thirty-five thousand dollars. One license may be issued for each seven thousand five hundred of city population or fraction thereof, as determined by the most recent Metropolitan Council population estimates or other reliable source; provided that an "off-sale" license mav not be issued for an establishment located within �AA 1,000 feet of another licensed "off-sale" establishment, as measured between nearest buildinq walls of the establishments. Mayor Denzer asked the City Attorney how this ordinance would affect the potential license on the agenda later in the meeting? City Attorney Bob Long stated if the proposed Ordinance is adopted, the license under Item 7A, could not be issued unless the owner of Cottage Grove Liquors forfeits his existing license. In other words, the Council could authorize issuance of the license contingent on conformance with the new Ordinance. Council Member Shiely felt that two liquor stores interested in locating next to each other should be allowed to do so. UPON VOTE BEING TAKEN, MOTION CARRIED. 4-1 (SHIELY VOTED NAY). • MOTION BY WOLCOTT, SECONDED BY HALE, TO: REGULAR MEETING — 4/15/98 Cottage Grove City Council Page 3 � A. ACCEPT AND PLACE ON FILE THE MINUTES OF THE HUMAN SERVICES / HUMAN RIGHTS COMMISSION MEETING OF FEBRUARY 25, 1998, AND PUBLIC WORKS COMMISSION MEETING OF MARCH 9, 1998. B. APPOINT JON AUGE AS CHAIR OF THE PLANNING COMMISSION FOR 1998. C. APPOINT RICHARD SAWYER TO THE PLANNING GOMMISSION FOR A TERM OF APRIL 15, 1998 THROUGH FEBRUARY 28, 2000. D. ADOPT RESOLUTION NO. 98-46, A RESOLUTION ACCEPTING DONATION OF PLANT MATERIALS FROM BAILEY NURSERIES COMPANY FOR KINGSTON PARK. E. APPROVE THE ADDENDUM TO THE RAMSEY EMERGENCY MEDICAL SERVICES PROGRAM MEDICAL DIRECTION AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND REGIONS HOSPITAL. THE ADDENDUM CREATES THE POSITION OF MEDICAL DIRECTION COORDINATOR TO BE SHARED WITH THE CITY OF WOODBURY. F. ADOPT RESOLUTION NO. 98-47, A RESOLUTION AMENDING RESOLUTION NO. 83- 36, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT ISSUED TO THE COTTAGE GROVE NATIONAL GUARD ARMORY TO ALLOW ADDITIONAL INDOOR • COMMUNITY USES 1N THE EXISTING ARMORY STRUCTURE AT 8180 BELDEN BOULEVARD. G. ADOPT RESOLUTION NO. 98-48, A RESOLUTION AUTHORIZING A LOAN IN THE AMOUNT OF $125,000 FROM THE PARK TRUST FUND (570) TO THE ICE ARENA FUND (250). H. ADOPT RESOLUTION N0. 98-49, A RESOLUTION APPROVING CONSTRUCTION PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT OF BID FOR THE PINE FOREST THIRD ADDITION IMPROVEMENT PROJECT AND SET A BID DATE OF MAY 14, 1998, AT 11:00 A.M. I. APPROVE CHANGE ORDER N0. 3 TO THE PINE FOREST FIRST ADDITION AND PUBLIC WORKS BUILDING EXPANSION UTILITY IMPROVEMENTS PROJECT CONTRACT (FILE 48349) WITH HYDROCON, INC., IN THE ADDITIONAL AMOUNT OF $5,195.00. J. APPROVE CHANGE ORDER N0. 1 TO THE SANDY HILLS SEVENTH ADDITION UTILITY, STREET, AND STREET LIGHTING CONTRACT WITH KOBER EXCAVATING IN THE ADDITIONAL AMOUNT OF $24,564.00. K. AUTHORIZE ISSUANCE OF A SINGLE-OCCASION GAMBLING PERMIT TO HILLSIDE • ELEMENTARY PTA FOR A RAFFLE TO BE HELD AT 8177 HILLSIDE TRAIL SOUTH ON MAY 1, 1998. REGULAR MEETING — 4/15/98 Cottage Grove City Council Page 4 � L. APPROVE THE CONTRACT BETWEEN THE CITY OF COTTAGE GROVE AND SKB, INC., FOR OPERATION AND MAINTENANCE OF A YARD WASTE FACILITY FOR THE PERIOD OF FEBRUARY 16, 1998 THROUGH FEBRUARY 15, 2001. M. APPROVE THE REV{SED LEASE AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND U.S. WEST WIRELESS, LLC, FOR THE CONSTRUCTION OF A 120- FOOT TOWER ON CITY HALL PROPERTY. AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE REVISED AGREEMENT ON BEHALF OF THE CITY. N. ACCEPT THE RESIGNATION OF STEPHANIE WIEGAND FROM THE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION. 0. MOVED TO 9.D. P. ADOPT ORDINANCE NO. 656, AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING SECTION 3-7 (C) OF THE COTTAGE GROVE CITY CODE RELATING TO "OFF SALE" INTOXICATING LIQUOR LICENSES. Q. APPOINT PATRICIA STORBY TO THE POSITION OF ADMINISTRATIVE SECRETARY IN PUBLIC WORKS DEPARTMENT AT PAY GRADE XIV OF THE 1998 PAY PLAN. • R. ADOPT RESOLUTION NO. 98-50, A RESOLUTION AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR NEEDED REPAIRS AT THE COTTAGE GROVE ICE ARENA. S. APPROVE THE PURCHASE OF CRACK SEALING MATERIAL FROM BROCK WHITE COMPANY AND APPLICATION BY NORTHWEST ASPHALT MAINTENANCE FOR A TOTAL COST OF $21,374.55. T. APPROVE THE PUBLIC SIDEWALK AND UTILITY EASEMENT AND AGREEMENT BETWEEN FLOYD R. LINDQUIST ET. AL., AND THE CITY OF COTTAGE GROVE. AUTHORIZE THE EXPENDITURE OF $2,700.00 FOR THE ACQUISITION OF SAID PROPERTY. AUTHORIZE EXECUTION OF THE AGREEMENT BY THE MAYOR AND CITY CLERK. MOTION CARRIED. 5-0. OPEN FORUM Stanley Hale, 6757 Lamar Avenue South, read aloud a prepared statement regarding the Minnesota Pollution Control Agency. A copy of the statement is attached to and made a part of the originai minutes. • In summary, Mr. Hale encouraged the Council to contract for technical assistance to evaluate the 3M Woodbury Disposal site and its risk to the City, the water supply, and the health and well-being of all forms of life. Also, to direct the City Attorney to determine whether the City REGULAR MEETING — 4/15/98 Page 5 Cottage Grove City Council � could im ose a water fee for the one billion allons of water extracted from the well at the 3M P 9 Woodbury Disposal site. Wnston Riedesel, 8342 68 Street South, voiced support of the Ordinance recently passed banning the use of alcohol in city parks and open spaces. PUBLIC HEARING Off-Sale Intoxicatinq Liquor License — Cherokee Liquors, Inc. Mayor Denzer stated the purpose of the hearing was to consider the application of Cherokee Liquors, Inc., for an Off-Sale Intoxicating Liquor License to operate a retail establishment, d.b.a. G Will Liquor at 8118 Hadley Avenue South. City Attomey Bob Long stated the legal notice of hearing was in order and published in accordance to applicable law. Mayor Denzer opened the public hearing for all persons interested in being heard. Joe Nemo of Cherokee Liquors, Inc., stated the applicant has entered into a written letter of intent with David L. Wrolstad, owner of Cottage Grove Liquors, to purchase his business. • City Attomey Bob Long stated that in light of the ordinance enacted earlier in the meeting, he recommended that the Council grant the license conditioned on the following: 1. Pending issuance of a Certificate of Occupancy by the Chief Building Official, and 2. Evidence that the license may be issued in compliance with Section 3- 7(c) of the Cottage Grove City Code. There being no further comments, Mayor Denzer closed the public hearing. MOTION BY WOLCOTT, SECONDED BY HALE, TO AUTHORIZE ISSUANCE OF AN "OFF SALE" INTOXICATING LIQUOR LICENSE TO CHEROKEE LIQUORS, INC., D.B.A. G-WILL LIQUOR AT 8118 HADLEY AVENUE SOUTH, FOR THE PERIOD ENDING DECEMBER 31, 1998, CONDITIONED ON: 1. ISSUANCE OF A CERTIFICATE OF OCCUPANCY BY THE CHIEF BUILDING OFFICIAL, AND 2. EVIDENCE BEING SUBMITTED BY THE LICENSEE THAT THE LICENSE COULD BE ISSUED IN COMPLIANCE WITH SECTION 3-7, PARAGRAPH (C) OF THE COTfAGE GROVE CITY CODE. . MOTION CARRIED. 5-0. REGULAR MEETING — 4/15/98 Cottage Grove City Council • BID AWARDS Purchase of Mowers Page 6 MOTION BY WOLCOTT, SECONDED BY HALE, TO AUTHORIZE THE RIVER OAKS GOLF COURSE TO PURCHASE: (1) RANSOME MODEL 160 GREENS MOWER FROM CUSHMAN MOTOR IN THE AMOUNT OF $13,543.61; AND (2) A JOHN DEERE MODEL 2653A RIDING REEL MOWER FROM POLFUS GOLF AND TURF COMPANY IN THE AMOUNT OF $15,866.37. MOTION CARRIED. 5-0. 1998 Seal Coat ProQram MOTION BY HALE, SECONDED BY WOLCOTT, TO ADOPT RESOLUTION NO. 98-51, A RESOLUTION AWARDING BID FOR THE 1998 SEAL COAT PROGRAM TO ASPHALT SURFACE TECHNOLOGIES CORPORATION IN THE AMOUNT OF $118,913.42. MOTION CARRIED. 5-0. 1998 Pavement Manaqement Proqram MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 98-52, A RESOLUTION AWARDING BID FOR THE 1998 PAVEMENT MANAGEMENT PROJECT TO . DANNER, INC., IN THE BASE BID AMOUNT OF $1,547,312.30. MOTION CARRIED. 5-0. UNFINISHED AND NEW BUSINESS Hardwood Avenue Feasibilitv Report Council reviewed the Hardwood Avenue Feasibility Report and two design issues. First, to design the southern end of the roadway with a sweeping curve or a T-intersection where Hardwood Avenue connects to East Point Douglas Road. Second, to connect Harkness Avenue to Hardwood with an east/west roadway. Engineering staff recommended the sweeping curve design where Hardwood Avenue connects to East Point Douglas Road and the east/west connection between Harkness Avenue and Hardwood Avenue. Council consensus was to design the south end of Hardwood Avenue at East Point Douglas Road with a T-intersection. Discussions then followed on the installation of a cul-de-sac or dead-end at the north end of Harkness and the east/west connection between Hardwood Avenue and Harkness Avenue. Mayor Denzer commented he had a problem with installing the cul-de-sac due to public � safety and maintenance issues. REGULAR MEETING — 4/15/98 Page 7 Cottage Grove City Council • Kevin Snow, 7862 Harkness Avenue South, presented a petition to the Council supporting the T-intersection design where the newly proposed road Harkness Avenue meets East Point Douglas Road and the dead-end at the north end of Harkness Avenue. The original petition is attached to and made a part of the original minutes. Snow informed the Council he was in favor of the T-intersection design but was opposed to the east/west connection between Hardwood and Harkness Avenues. Pat Coleman, 7440 Harkness Avenue South, and a resident at the north end of Harkness Avenue stated she was in favor of installing a cul-de-sac or dead-end at the north end of Harkness Avenue. Coleman commented her main concern was for the safety of the children who reside along Harkness Avenue. She stated she would like less traffic on the road. Acting Public Safety Director Jim Kinsey informed the Council, from a public safety standpoint, the dead-end will reduce traffic on Harkness Avenue and the east/west connection will give public safety access to Harkness from two different directions. Community Development Director Kim Lindquist advised Council no decision needs to be made on the easUwest connection at this time, but because of potential development in the area, the connection will eventually need to be revisited. • Council Member Wolcott suggested that the Public Safety, Health and Welfare Commission and Public Works Commission to review the Feasibility Study. Acquisition of Riqht-of-Way and Pondinq Easements bv Eminent Domain Proceedinqs Council discussed the recommendation to acquire permanent right-of-way and storm water ponding easements in the Hardwood corridor by eminent domain proceedings. Administrator Schroeder stated the real estate appraisal of affected property and the survey work to obtain accurate legal descriptions have not been completed. Therefore, he recommended that the matter be tabled for two weeks. Matt Storm of Evergreen Land Company, who will be handling land negotiations on behalf of the City, was in the audience to answer any questions of the Council. MOTION BY SHIELY, SECONDED BY WOLCOTT, TO TABLE AGENDA ITEMS 96, 9C, AND 9D TO THE MAY 6 REGULAR MEETING. MOTION CARRIED. 5-0. Amendinq 1998 Ice Arena Rates Ice Arena Manager Dean Mulso recommended that the Ice Arena Fee Schedule included in the Agenda Packet be amended to include the following statement: . Discount to any user group of $10.00 per hour on the Main Rink and $5.00 per hour on the Studio Rink once the group has rented 425 hours total at REGULAR MEETING — 4/15/98 Page 8 Cottage Grove City Council • the Cottage Grove Ice Arena. The 426 hour and above would receive the discounted price. MOTION BY HALE, SECONDED BY SHIELY, TO ADOPT RESOLUTION NO. 98-53, A RESOLUTION ESTABLISHING ICE ARENA RATE AS AMENDED. REPEALING RESOLUTION NO. 98-19. MOTION CARRIED. 5-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS Advisorv Election on Liquor in Parks Council received the report from City Attorney Corrine Thomson dated April 8 in response to a citizen request to place an advisory question on the November general ballot asking whether alcohol should be permitted in City parks. It was her legal determination that the City may not submit a ballot issue to the voters in connection with any City election. A private group could, however, conduct a poll on the issue, provided no public funds are expended on the poll and no part of the election machinery is used in connection with the poll. No action taken. COUNCIL COMMENTS AND REQUESTS • Mayor Denzer suggested that letters of appreciation be sent to Representative Sharon Marko and Senator Len Price for their assistance on certain bills passed by the State Legislator is past session. Council Member Hale reported Richard Hammero has resigned from the South Washington Watershed District Board of Directors. He directed staff to draft a letter to the Board requesting that Mr. Hammero's replacement be a resident of the City of Cottage Grove. PAY BILLS MOTION BY WOLCOTT, SECONDED BY SHIELY, TO APPROVE PAYMENT OF CHECK NUMBERS 102004 TO 102212 IN THE AMOUNT OF $289,294.99. MOTION CARRIED. 5-0. WORKSHOP SESSION At 9:10 p.m., Council temporarily adjourned the regular meeting to workshop session. The session was open to the public. Evaluation/Update of 80 Street Water Main Break Verne E. Jacobsen of Toltz, King, Duvall, Anderson, and Associates, Inc., briefly reviewed his evaluation of the January 29 water main break on 80 Street South. No action taken. �J REGULAR MEETING — 4/15/98 Cottage Grove City Council • 1998 Summer Schedule of Reqular Citv Council Meetinqs Page 9 The Council reviewed the 1998 summer schedule of regular Council meetings. The June 17 regular meeting was rescheduled to June 24 and the July 1 regular meeting was cancelled. The regular meeting reconvened. ADJOURNMENT MOTION BY HALE, SECONDED BY SHIELY, TO ADJOURN THE REGULAR MEETING AT 10:05 P.M. MOTION CARRIED. 5-0. Res ectfully submitted, '� � ��v)� Caron M. Stransky � City Clerk CMC Attach two � � • April ] 5, 1998 S.V.HALE 6757 LAMAR AVENUE SOUTH COTTAGE GROVE MN 55016-1649 USA Fax (612) 459-1645 Home Phone (612) 459-1645 Email FLAGSHIPS@JUNO.COM Mayor Denzer, City Council,City of Cottage Grove Staff, Members of the Audience and Viewers at Home. I would be remiss if I did not bring to your attention, and share with you, an article that appeared in the Sunday, April Sth 1998, edition of the Star Tribune. Written by Joe Rigert and Tom Meersman, Staff Writers, the front page, top headlines read: "YEARS OF DELAY LEAVE A LEGACY OF CONTAMINATION AT KOCH." If you have not read the article, I would recommend that you do so. You will find it both eniightening and frightening. The bottom line is that the MPCA prefened to to cooperate with Koch rather than confront Koch and that it trusted Koch to respond and do the right thing. The article chronologically recaps key events over the last decade, leading up to the current situation and the record $6.9 million fine. I point out that a fine does not remove the problem. It just underlines the fact that "Things were not taken care of." Critics of the MPCA suggest that the MPCA has become too cory with industry and that it needs to turn itself into an aggressive protector of the environment. In my opinion, this is a wake-up call for the City of Cottage Grove. For some five years, I have been in front of this council to advise that the City must step up to its responsibilities and become active in working to resolve the threat � to our city that the industrial hazardous waste site, on Highway 19, poses. Previous statements to the effect that we rely on the MPCA., as you will learn, are suspect. I again encourage you to get independent technical heip to evaluate the risk to our city, its water supply and the health and well-being of all forms of life. Also, the City attorney should determine what legal issues are involved. And since I have mentioned city attorney, I suggest he looks into how the city can impose a water fee for the 1 billion gallons, plus, of water extracted from that Highway 19 site, each year, and spirited away south, by pipeline. The city could receive a windfall of more than $400 million dollars, if the fee could be made retro-active. This could be placed into an escrow account for if, and when, the contaminants, currently being disposed of by NATURAL ATTENUATION, leak into our wells and water supplies. As and when the site is restored to its former, 37 years-ago, condition, the monies could be used to further beautify our city. Right now, so I understand, the only fee paid for the 1 billion, plus gallons of water drawn from that site, is $7.50 cents per million gallons, paid to the State. At the very least, the city should get that handsome stipend of $7,500, plus, per year, into the City coffers. Why should the State of Minnesota benefit? After all, the city will have to drill deeper wells to keep up with the ever-lowering water table, caused by development to the north of us: and what appears to be an arrangement for an unlimited supply of water to be pumped from the site. OUR WATER AND OUR LIFELINE. Sincerely, �� . Hardwood Avenue Petition i The undersigned on this petition declare their support of the T-intersection where the newly proposed road Hardwood Avenue meets East Point Douglas Road. Name Business Name or�Teighbor IU�I�f�+�52 Do you approve of a dead-end at the south end of Harkness Ave. South? ��r �"� y�� I�e� 4 k b��- 1�� D ��/��e� �Un+ r �cr S �rJS � ` �.i � � , � /� . �'�.d �I � / L � � . ir �_i � ...�� e � C..�. �s �� P ar �.. G ��e �C�� P�.�`� �-�N�. ' h ��2 �� ,-. � - �-�. � : :� . t �.....��., � �� .' 1. � ;.�i t � ��i ' i _ ._� l�_�4 . � �� r `/ � Y -�� , �_ .._ �. . / `�� — ��- �� . � Hardwood Avenue Petition "� The undersigned on this petition declare their support af the T-intersection where the newly proposed road Hardwood Avenue meets East Point Douglas Road. �-�-.��--- Do you approve of a dead-end at the south end of Harkness Ave.�?/�o r�"� ��_ a-a Cil.r.a �je � —� ��S __ —� �t � —� ,��C��. ti(��,�.�pA- ��.�- 1 �.�, � ; �� c� _ �� ; p vospa s t � . � !� 6�Fi�a�,�'� � �/ �� —� . /�� Q� ._ Name Business Name or Neighbor