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HomeMy WebLinkAbout1998-05-06 MINUTESREGULAR MEETING COTTAGE GROVE CITY COUNCIL � MAY 6, 1998 CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, May 6, 1998, at the Cottage Grove City Hall, 7516 8ptn Street South. Mayor Pro Tem Wolcott called the meeting to order at 7:30 p.m. ROLL CALL Present: Council Member Jim Wolcott Council Member Cheryl Kohls Council Member Sandy Shiely Council Member Rod Hale Absent: Mayor John Denzer 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 Jim Kinsey, Acting Public Safety Director Mayor Pro Tem Wolcott presided over the meeting. ADOPTION OF AGENDA MOTION BY SHIELY, SECONDED BY KOHLS, TO APPROVE THE FINAL AGENDA. MOTION CARRIED. 4-0. PRESENTATIONS ,�-, Council Member Kohls, who is the Council Liaison to the Historic Preservation Committee, read aloud a proclamation proclaiming May 11 through May 17 as Historic Preservation Week. APPROVAL OF MINUTES Correction to the April 8, 1998 Special City Council Minutes: ,: � ' - --• � - - -- - -- _ - _ •�__ - ..-.�.-�__��-�..�:._.:�-..�-�-��. --,: - 1-�.�=.��_.� - Mayor Pro Tem Wolcott called the meeting to order at 8:00 a.m. REGULAR MEETING —5/6/98 Cottage Grove City Council Page 2 • There being no other corrections, the minutes of the April 1 Regular Meeting (as corrected), April 8 Special Meeting, and April 18 Special Meeting were accepted. CONSENT CALENDAR Council pulled Items D, L, R, S, T, U, V W, X and Y for discussion. D& L. Donation from Communitv Education Youth Council (CYC) and Communitv Education Advisorv Council (CEAC) and Donations to the Great Grove Get Toqether Committee On behalf of the entire Council, Council Member Hale thanked the Community Education Youth Council (CYC) and Community Education Advisory Council (CEAC) for the $300 grant awarded to assist the City in recovering expenses for the "Spring Celebration" sponsored by Teen/Action, Cottage Grove Recreation Department, and Guard Our Youth. He also thanked the Cottage Grove Lions Club, 3M, Sunbelt Sales, Shamrock Liquor, Family Chiropractic, and Cottage Grove Florist for their donations of cash to the Great Grove Get Together Committee. R throuqh X-- Chanpe Orders for the Public Works Expansion. City Administrator Ryan Schroeder distributed a breakdown of the Public Works Building • Project costs. Schroeder pointed out the project is within budget and was hopeful there would be funds left in the contingency fund to build the salt storage shed. Council Member Kohls requested that the City Staff negotiate with the Contractor to share a portion of the cost for Change Order No. 24. MOTION BY HALE, SECONDED BY SHIELY, TO: A. ACCEPT AND PLACE ON FILE THE MINUTES OF THE PUBLIC SAFETY, HEALTH AND WELFARE COMMISSION MEETING OF MARCH 10; PLANNING COMMISSION MEETINGS OF FEBRUARY 23 AND MARCH 23; AND HUMAN SERVICES COMMISSION MEETING OF MARCH 25. B. APPROVE AMENDED 1998 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS AND RESCHEDULE THE JUNE 17 MEETING TO JUNE 24 AND CANCEL THE JULY 1 MEETING. C. RECEIVE 1997 ATTENDANCE ROSTERS FOR CITY COUNCIL, HUMAN SERVICES/RIGHTS COMMISSION, PARKS, RECREATION AND NATURAL RESOURCES COMMISSION, PUB�IC WORKS COMMISSION, PUBLIC SAFETY, HEALTH AND WELFARE COMMISSION, ECONOMIC DEVELOPMENT AUTHORITY, AND PLANNING COMMISSION. � D. ADOPT RESOLUTION 98-54, A RESOLUTION TO ACCEPT AND EXPRESS GRATITUDE TO THE COMMUNITY EDUCATION YOUTH COUNCIL AND REGULAR MEETING —5/6/98 Cottage Grove City Council Page 3 • COMMUNITY EDUCATION ADVISORY COUNCIL FOR A$300.00 GRANT TO ASSIST IN COVERING EXPENSES FOR THE "SPRING CELEBRATION". E. ADOPT RESOLUTION 98-55, A RESOLUTION APPROVING RENEWAL APPLICATION OF PHOENIX PARTNERS FOR A BINGO HALL LICENSE. F. APPROVE RENEWAL OF THE PROPERTY, INLAND MARINE, MUNICIPAL LIABILITY, AUTOMOBILE, BOILER AND MACHINERY, OPEN MEETING LAW, BOND, LIQUOR LIABILITY AND WORKERS' COMPENSATION COVERAGE FOR THE 1998/99 POLICY PERIOD, AS RECOMMENDED BY CITY CLERK CARON STRANSKY. G. ADOPT RESOLUTION 98-56, A RESOLUTION APPROVING INTERFUND TRANSFER FROM GENERAL FUND (100), SEWER ENTERPRISE (620) AND STREET LIGHT ENTERPRISE (630) TO WATER ENTERPRISE FUND (610) TO FINANCE ROOF REPAIRS FOR THE PUBLIC WORKS EXPANSION PROJECT. ADOPT RESOLUTION 98-56.1, A RESOLUTION AMENDING 1998 GENERAL FUND BUDGET. H. ADOPT RESOLUTION 98-57, A RESOLUTION CHANGING STREET NAME OF CHEMOLITE ROAD TO INNOVATION ROAD. • I. APPOINT PUBLIC SAFETY POLICE DISPATCHER CAROLYN MACASKILL TO REGULAR, FULL-TIME EMPLOYMENT STATUS. J. APPOINT HEATHER WAHL AS AN INVESTIGATIVE AIDE FOR THE PUBLIC SAFETY DEPARTMENT EFFECTIVE MAY 7, 1998, SUBJECT TO SATISFACTORY COMPLETION OF A 12-MONTH PROBATIONARY PERIOD AND TERMS OF THE DISPATCHER BARGAINING UNIT AGREEMENT AND THE CITY PERSONNEL POLICY. K. APPOINT JAMIE LIND TO THE HUMAN SERVICES/HUMAN RIGHTS COMMISSION YOUTH SEAT FOR A TERM OF ONE YEAR TO EXPIRE ON MAY 6, 1999. L. ADOPT RESOLUTION 98-58, A RESOLUTION ACCEPTING DONATIONS OF CASH FOR THE GREAT GROVE GET TOGETHER COMMITTEE TOTALING $2,600.00. M. AUTHORIZE ISSUANCE OF AN OUTDOOR EVENT PERMIT TO DENNIS WOULFE TO CONDUCT AN OUTDOOR DANCE ON SATURDAY, JUNE 13, 1998 IN THE PARKING LOT ADJACENT TO DEMORI'S RESTAURANT, 8200 HADLEY AVENUE SOUTH, CONDITIONED ON COMPLIANCE WITH THE RECOMMENDATIONS OUTLINED IN THE MEMO DATED APRtL 15, 1998 FROM ACTING DIRECTOR OF PUBLIC SAFETY, JAMES KINSEY. � REGULAR MEETING —5/6/98 Cottage Grove City Council Page 4 • N. ADOPT RESOLUTION 98-59, A RESOLUTION APPROVING WET LAND REPLACEMENT PLAN SUBMITTED BY WESTWOOD PROFESSIONAL SERVICES FOR WEST DRAW MEADOWS. O. APPROVE POLICY STANDARD FOR ORNAMENTAUDECORATIVE STREET LIGHT SYSTEM ON STATE AID AND COLLECTOR ROADWAYS. P. ADOPT RESOLUTION 98-60, A RESOLUTION FOR ADVANCE ENCUMBRANCE OF STATE AID FUNDS. Q. APPROVE CHANGE ORDER N0. 2 TO THE HILLSIDE TRAIL STREET RECONSTRUCTION DISTR{CT E4A CONTRACT WITH DANNER, INC., FOR $2,275.00. R. APPROVE CHANGE ORDER NO. 20 FOR PUBLIC WORKS EXPANSION CONTRACT WITH KELLINGTON CONSTRUCTION FOR $10,500.00. S. APPROVE CHANGE ORDER N0. 22 FOR PUBLIC WORKS EXPANSION CONTRACT WITH KELLINGTON CONSTRUCTION FOR $2,928.00. T. APPROVE CHANGE ORDER NO. 23 FOR PUBLIC WORKS EXPANSION CONTRACT WITH SWANSON PLUMBING FOR $430. • U. APPROVE CHANGE ORDER NO. 24 FOR PUBLIC WORKS EXPANSION CONTRACT WITH KELLINGTON CONSTRUCTION FOR $10,599.00. V. APPROVE CHANGE ORDER N0. 25 FOR PUBLIC WORKS EXPANSION CONTRACT WITH MEYERS AND JACKSON ROOFING FOR $80,900.00. W. APPROVE CHANGE ORDER N0. 26 FOR PUBLIC WORKS EXPANSION CONTRACT WITH KELLINGTON CONSTRUCTION FOR $3,666.53. X. APPROVE CHANGE ORDER NO. 27 FOR PUBLIC WORKS EXPANSION CONTRACT WITH KELLINGTON CONSTRUCTION FOR $814.00. Y. APPROVE CHANGE ORDER N0. 28 FOR PUBLIC WORKS EXPANSION CONTRACT WITH SWANSON PLUMBING FOR $2,536.39. Z. ADOPT RESOLUTION 98-61, A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT APPLICATION OF SPRINT SPECTRUM TO CONSTRUCT A 120- FOOT WIRELESS COMMUNICATION MONOPOLE AND ACCESSORY EQUIPMENT BUILDING AT 10475 KIMBRO AVENUE. AA. ADOPT RESOLUTION 98-62, A RESOLUTION AMENDING RESOLUTION NO. 93-101, A RESOLUTION APPROVING PRELIMINARY PLAT FOR GOOD VALUE . HOMES, INC., FOR THE DEVELOPMENT OF A RESIDENTIAL SUBDIVISION KNOWN AS ALMAR FARMS. REGULAR MEETING —5/6/98 Cottage Grove City Council Page 5 • BB. APPROVE CHANGE ORDER NO. 1 FOR 1998 PAVEMENT MANAGEMENT CONTRACT WITH DANNER, INC., EXTENDING THE COMPLETION DATE FROM AUGUST 15 TO AUGUST 31, 1998. CC. APPROVE CHANGE ORDER N0. 2 FOR HILLSIDE TRA1L DISTRICT E46 CONTRACT WITH DANNER, INC. FOR $777.50. DD. APPROVE CHANGE ORDER N0. 3 FOR HILLSIDE TRAIL DISTRICT E46 CONTRACT WITH DANNER, INC. FOR $46,212.50. EE. APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF COTTAGE GROVE AND NEWPORT FOR THE HERITAGE EDUCATION PARTNERSHIP. MOTION CARRIED. 4-0. OPEN FORUM — None. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES Resqonse to Open Forum Repuest ReQardinq the Citv's Abilitv to Impose a Water Fee • City Administrator Ryan Schroeder reviewed the request of Stan Hale regarding the City's ability to charge a surcharge on water that 3M is extracting from a well at the 3M Woodbury site. Schroeder read aloud a letter written by City Attorney Corrine Thomson of Kennedy & Graven. City Attorney Bob Long explained that the City does not have the authority to charge a fee for a private well. Stanley Hale, 6757 Lamar Avenue South, explained that water runs underneath a county road for several miles and possibly through City owned rights-of-way. Hale asked if, under those circumstances, would the City then be able top charge 3M for right-of-way usage. Council directed Attorney Long to research and respond to Mr. Hale's question at a future meeting. PUBLIC HEARING — None. BID AWARDS Alternate Street Liqhtinq for 80 Street Reconstruction Proiect MOTION BY HALE, SECONDED BY SHIELY, TO ADOPT RESOLUTION NO. 98-63, A . RESOLUTION AUTHORIZING THE PURCHASE OF STREET LIGHTING FROM CARLO LACHMANSINGH SALES, INC., IN THE AMOUNT OF $110,413.88, PLUS THE ADDITIONAL COST OF $41,124.97 TO INSTALL LIGHTS FROM IDEAL AVENUE TO REGULAR MEETING —5/6/98 Cottage Grove City Council Page 6 i JAMAICA AVENUE, PROVIDED THERE IS A REDUCTION IN THE 80 STREET IMPROVEMENT PROJECT CONTRACT. MOTION CARRIED. 4-0. UNFINISHED AND NEW BUSINESS Amend the Structure of the Current Citv Council Aaenda Council reviewed the current agenda format and a proposal to move the Open Forum portion of the agenda prior to the regular meeting. Council Member Shiely commented a certain segment of our population feel intimidated presenting concerns on-camera and the Council encourages those residents to come forward. Shiely went on to say that an issue brought up during open forum could be placed on the agenda for later that evening or at a subsequent meeting. MOTION BY SHIELY, SECONDED BY KOHLS, TO AMEND THE STRUCTURE OF THE CITY COUNCIL AGENDA BY PLACING "OPEN FORUM" AT 7:15 P.M., PRIOR TO REGULAR MEETINGS BEGINNING MAY 20, 1998. MOTION CARRIED. 4-0. Sale of Series 1998A and 1998B General Obliqation Improvement Bonds.� MOTION BY HALE, SECONDED BY KOHLS, TO ADOPT RESOLUTION N0. 98-64, A • RESOLUTION PROVIDING FOR THE SALE OF $3,940,000.00 GENERAL OBLIGATION IMPROVEMENT BONDS SERIES 1998A. MOTION CARRIED 4-0. MOTION BY KOHLS, SECONDED BY SHIELY, TO ADOPT RESOLUTION NO. 98-65, A RESOLUTION PROVIDING FOR THE SALE OF $1,060,000.00 GENERAL OBLIGATION IMPROVEMENT BONDS SERIES 1998B. MOTION CARRIED. 4-0. West Draw Meadows Council reviewed the Development Agreement between Centex Homes and Blue and Gold Company and the City of Cottage Grove for West Draw Meadows, Phase I. Dan Blake of Centex Homes requested amendments to a number of provisions in the agreement relating to streetlight utility and sealcoat fees and the financial guarantee. Additionally, Blake also requested that the City not restrict the issuance of building or occupancy permits due to a lack of trunk sewer and water facilities. Administrator Schroeder reported the City is on schedule with the trunk sewer project. He noted the property appraisals have been completed and offer letters have been signed and will be distributed next week. If things do not progress as anticipated, Staff would recommend commencing eminent domain proceedings at the next meeting. The City's acquisition agent was directed to gain right-of-entry agreements from property owners at . the same time acquisition offers are presented to property owners. REGULAR MEETING —5/6/98 Page 7 Cottage Grove City Council • Schroeder recommended that the Council not approve Mr. Blake's request relative to the issuance of building and occupancy permits. Daryl Gonyea, 16495 Kingswood Drive, Lakeville, noted there is preliminary work that needs to be completed by Centex before construction begin. Centex is concerned that their project could be delayed if the quick-take acquisition does not occur. Dan Blake informed Council that Centex would not proceed without assurance from the City that it would not restrict building and occupancy permits. Discussion then turned to the streetlight utility and seal coating costs included in the Agreement. Blake requested Centex be allowed to pay the streetlight utility fee up front and that homeowners not be billed during that three-year period. Blake asked for assurance from the Council that the money earmarked for seal coating is actually used to seal coat the roads within the Centex development. Council Member Wolcott assured Blake that within two years, the streets within the development would be seal coated. Council Member Hale directed Staff to research the City's policy on billing for street lighting • in a new development. Blake requested that the City consider allowing them to post a bond for a majority of the work and provide a letter of credit for items such as street sweeping and erosion control. Council Member Hale directed City Attorney Long to review a previous legal opinion written by former City Attorney Clinton regarding this issue. Council discussed Centex's request to name streets in their development and consented to allowing Centex to select street names. The numbering system however must be consistent with City policy. MOTION BY HALE, SECONDED BY SHIELY, TO ADOPT RESOLUT{ON NO. 98-66, A RESOLUTION APPROVING THE FINAL PLAT FOR WEST DRAW MEADOWS. MOTION CARRIED. 4-0. MOTION BY SHIELY, SECONDED BY KOHLS, TO APPROVE THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND CENTEX HOMES AND BLUE AND GOLD COMPANY FOR WEST DRAW MEADOWS (PHASE I). AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. MOTION CARRIED. 4-0. • MOTION BY HALE, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 98-67, A RESOLUTION AUTHORIZING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS FOR WEST DRAW MEADOWS. MOTION CARRIED. 4-0. REGULAR MEETING —5/6/98 Cottage Grove City Councii • COUNCIL COMMENTS AND RE UESTS Page 8 Council Member Hale expressed concern over recent disturbances at the Majestic Ballroom. Administrator Schroeder reported that Staff is researching the owner's compliance with Counci! approved conditions under their liquor license and dance permit. One of the issues staff will be researching as to whether or not undue expense was being borne by the public as a result of the activities and whether there are other issues beyond licensing and permitting that need to be reviewed. Acting Public Safety Director Jim Kinsey noted the owner of the Majestic Ballroom must comply with specific requirements and that the City performs compliance inspections during permitted events. Council Member Shiely directed City Attorney Long to review case law on the City's ability to revoke the Majestic Ballroom's licenses and permits based on undue expense to the City. Council Member Shiely directed Staff to research the feasibility of placing a directional sign for both northbound and southbound traffic on Highway 10/61 at 80 Street indicating the • location of Park High School. Council Member Shiely noted that in 1998, the budget for River Oaks Golf Course included improvements to their sign on Highway 10/61. She hoped that the improvements would include making the name "Cottage Grove" more prominent. Mayor Pro Tem Wolcott noted that River Oaks Golf Course was recently listed as one of the top ten public courses in the State of Minnesota. Council Member Kohls shared that she had the opportunity to attend some of the D.A.R.E. graduations and commended both students and police officers. Council Member Wolcott announced that at the City's Annual Recognition Banquet, the Citizen of the Year Award was presented to Jamie Lind and Special Recognition Awards went to Mel Wallace and Jon Auge. Wolcott congratulated the recipients and thanked them for their service to the City. PAY BILLS MOTION BY HALE, SECONDED BY KOHLS, TO APPROVE PAYMENT OF CHECK NUMBERS 102213 TO 102520 IN THE AMOUNT OF $667,942.07. MOTION CARRIED. 4-0. � REGULAR MEETING —5/6/98 Cottage Grove City Council i WORKSHOP SESSION Page 9 At 9:03 p.m., Mayor Denzer temporarily adjourned the regular meeting to the adjoining conference room for a Workshop Session. Discuss 80 Street Assessments Council reviewed the report from City Administrator Ryan Schroeder dated May 1, 1998 regarding the 80 Street Assessment Policy for school property. Council informally agreed that school property should not be assessed for community costs, such as turn lanes, sidewalks, aesthetics, and engineering. Street costs, storm sewer costs, a portion of the lights, and possibly traffic signals should be assessed. Staff was directed to survey and obtain copies of assessment policies from surrounding community cities. Discuss MCES Interceptor Atianments Council reviewed the three {3) waste treatment Interceptor alignments: Ravine, Kimbro and Co. Rd. 19. + Council Member Wolcott commented he had major concerns about running the interceptor down 90 Street South in the Ca. Rd. 19 alignment. The interceptor line should continue south along Co. Rd. 19. Counci! Member Shiely commented that the Ravine option would cover more area of Cottage Grove. Schroeder informed Council local cost for each atignment wvuld be available at the next Interceptor Task Force meeting. ADJOURNMENT MOTION BY HALE, SECONDED BY KOHLS, TO ADJOURN THE REGULAR MEETING AT 11:10 P.M. MOTION CARRIED. 4-0. Respectfully submitted, �.�7 c.o�/7�l , Caron M. Stransky City Clerk CMC �J