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Home My WebLink About1998-06-24 MINUTESREGULAR MEETING COTTAGE GROVE CITY COUNCIL June 24, 1998 OPEN FORUM — 7:15 p.m. Open Forum provides persons an opportunity to inform the Council of a problem or to request information related to City business that has not been scheduled for Council action and does not appear on the Agenda. Mayor Denzer encouraged persons to limit their remarks to three (3) minutes per issue. Present: Also present: Ryan Schroeder, City Administrator Caron Stransky, City Clerk Irvin Kopren, 9735 Miller Road South, addressed the Council regarding the poor i condition of the roads in the Langdon area, the policy on snowplowing, and the large dirt pile at the Public Works Facility. Dale Hamilton, 7095 Irvin Avenue South, registered a complaint regarding the home occupation business at 7085 Irvin Avenue South. He requested that in the future residents be notified when a resident applies for a Home Occupation Permit. ,� Winston Riedesel, 8342 68 Street South, requested that he be allowed to speak during the Regular meeting regarding the City's sanitary and storm sewer systems. Mayor Denzer scheduled Mr. Riedesel under Section 5, Response to Previously Raised Open Forum Issues. Eric Johnson of Bonestroo, Rosene, Anderlik, & Associates, brought the Council up-to- date on the 80 Street Construction Project. The project is on schedule. At 7:34 p.m., the Council adjourned to the Regular meeting. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a re�ular meeting on Wednesday, June 24, 1998, at the Cottage Grove City Hall, 7516 80 h Street South. Mayor Denzer called the meeting to order at 7:34 p.m. Mayor John Denzer Council Member Jim Wolcott Council Member Sandy Shiely Council Member Rod Hale Council Member Cheryl Kohls Regular Meeting — June 24, 1998 Cottage Grove City Council Page 2 • ROLL CALL Present: Mayor John Denzer Council Member Jim Wolcott Council Member Sandy Shiely Council Member Rod Hale Council Member Cheryl Kohls Absent: None. Also Present: Ryan Schroeder, City Administrator Caron Stransky, City Clerk Kim Lindquist, Community Development Director Michelle Wolfe, Assistant City Administrator Bob Long, City Attorney Jerry Bourdon, City Engineer Jim Kinsey, Acting Public Safety Director Les Burshten, Public Works Director Mayor Denzer presided over the meeting. • ADOPTION OF AGENDA MOTION BY HALE, SECONDED BY WOLCOTT, TO APPROVE THE FINAL AGENDA. MOTION CARRIED. 5-0. PRESENTAT{ONS Council Member Shiely read aloud a proclamation declaring Tuesday, August 4, 1998, as "National Night OuY' in the City of Cottage Grove. APPROVAL OF MINUTES The minutes of the June 3 Special City Council meeting were accepted, as presented. CONSENT CALENDAR MOTION BY HALE, SECONDED BY WOLCOTT, TO: A. ACCEPT THE MINUTES OF THE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MEETING OF MAY 11, 1998, AND THE PUBLIC WORKS COMMISSION MEETING OF MAY 11, 1998. C� Regular Meeting — June 24, 1998 Cottage Grove City Council _ Page 3 • B. APPROVE THE PUBLIC UTILITY EASEMENT AND AGREEMENT BETWEEN U.S. WEST COMMUNICATIONS, INC., AND THE CITY OF COTTAGE GROVE, AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. C. APPROVE THE APPLICATION OF THE COTTAGE GROVE JAYCEES FOR AN OUTDOOR EVENT PERMIT TO CONDUCT AN "UNDER THE TENT THREE-RING CIRCUS" ON JULY 20, 1998, ADJACENT TO THE RODEO NIGHTCLUB, CONTINGENT ON COMPLIANCE WITH THE CONDITIONS LISTED IN THE JUNE 17, 1998 MEMORANDUM FROM ACTING PUBLIC SAFETY DIRECTOR JIM KINSEY. D. ADOPT RESOLUTION NO. 98-86, A RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $23,817.68 TO BROWN & CRIS, INC., FOR THE EAGLE RIDGE AND HIDDEN OAKS FOURTH ADDITION UTILITY AND STREET IMPROVEMENTS. E. APPOINT DON SCHMITZ TO THE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION FOR A TERM OF JUNE 25, 1998 THROUGH FEBRUARY 28, 1999. • F. AUTHORIZE THE PURCHASE OF A 1998 OLDSMOBILE INTRIGUE FOR USE BY PLANNING, ADMINISTRATION, FINANCE AND ECONOMIC DEVELOPMENT, FROM MCCARTHY OLDSMOBILE IN THE AMOUNT OF $18,800. G. ADOPT RESOLUTION NO, 98-87, A RESOLUTION ACCEPTING DONATIONS TOTALING $2,010.00 FOR THE GREAT GROVE GET-TOGETHER. H. ADOPT RESOLUTION NO. 98-88, A RESOLUTION AMENDING RESOLUTION NO. 98-09, A RESOLUTION ADOPTING THE 1998 PAY PLAN AND BENEFITS FOR EMPLOYEES NOT COVERED BY A LABOR CONTRACT FOR THE CITY OF COTTAGE GROVE. I. APPROVE APPOINTMENT OF RICHARD LOCKREM TO THE POSITION OF CHIEF BUILDING OFFICIAL, SUBJECT TO SATISFACTORY COMPLETION OF A 12-MONTH PROBATIONARY PERIOD. J. ADOPT RESOLUTION NO. 98-89, A RESOLUTION ACCEPTING DONATION OF $100.00 FROM ASHLAND PETROLEUM COMPANY FOR THE COTTAGE GROVE FIFTH ANNUAL YOUTH SAFETY CAMP. K. ACKNOWLEDGE CHANGE IN LOCATION FOR THE FOURTH OF JULY FIREWORKS DISPLAY FROM CRESTVIEW ELEMENTARY SCHOOL TO GREY • CLOUD ELEMENTARY SCHOOL. Regular Meeting — June 24, 1998 Cottage Grove City Council ,� Page 4 • L. APPROVE APPOINTMENT OF JAMES NORTHWAY TO THE POSITION OF PUBLIC SERVICE WORKER/MECHANIC, SUBJECT TO SATISFACTORY COMPLETION OF A 12-MONTH PROBATIONARY PERIOD. M. RECEIVE NOTIFICATION OF THE EMINENT DOMAIN PROCEEDINGS RELATING TO HARDWOOD AVENUE. MOTION CARRIED. 5-0. RESPONSE TO PREVIOUS RAISED OPEN FORUM ISSUES Winston Riedesel, 8342 68 Street South, addressed the Council regarding the sanitary/storm sewer link between Cottage Grove and Woodbury. He suggested that the City of Cottage Grove obtain technical and legal advice. A typewritten statement was distributed. A copy is attached to and made a part of the original minutes. PUBLIC HEARINGS Continue Public Hearing to consider the issuance of a new Off-Sale and On-Sale 3.2 Beer License to Betty Schultz • Administrator Schroeder recommended that Council continue the public hearing to give staff an opportunity to complete the police background investigation. Mayor Denzer re-opened the public hearing. Steven LaChapelle, 1922 10 Avenue, Newport, stated he was opposed to the application. He and his wife were in the process of purchasing property at 7400 Lamar Avenue South, next door to the Boondocks Bar & Grill. The well at 7400 Lamar Avenue supplies water to the Boondocks property. LaChapelle informed the Council he does not intend to allow continued use of the water supply. In addition, the North Star Snowmobile trail that currentty runs through his backyard will have to be re-routed. Mayor Denzer continued the public hearing to the July 15 Regular meeting. Consider Adverse Action against Owner of Majestic Ballroom Mayor Denzer announced the purpose of the public hearing was to consider adverse action against the liquor license and dance permit issued to Meissner Inc., D.B.A. Majestic Ballroom by suspension, revocation and or imposition of civil penalties. City Clerk Caron Stransky reported that the legal notice of hearing was in order and published in accordance to applicable law. • Mayor Denzer opened the public hearing to hear testimony from those in the audience. Regular Meeting — June 24, 1998 Cottage Grove City Council Page 5 � Tony Buss of Kountry Kousins Fan Club, Inc., commented the City has successfully damaged their organization's possibility of holding a successful cancer benefit at the Majestic Ballroom this fall. Buss commented he was offended by and expressed disapproval over information printed in a recent article in the Washington County Bulletin. Buss stated that since February 1998 at no time has he ever seen or heard anything, which would indicate that those in attendance were anything less than the most decent law-abiding people. Their fan club has been holding benefits at the Majestic Ballroom for a number of years. Proceeds are given to Our Lady of Good Counsel Cancer Home, St. Joseph's HealthEast Hospice, American Cancer Society, and Make-a-Wish Minnesota. Sandra Vanhorn, 586 Ottawa, St. Paul, and member of the Kountry Kousins Fan Club, Inc., stated she works for HealthEast as a home hospice nurses aid. Vanhorn distributed a copy of a letter from the HealthEast Hospice, which states that the Kountry Kousins Fan Club, Inc., has been partnering with them for over 10 years. They have financially supported the hospice program, its patients, and their families with over $11,500. In Washington County, the hospice has serviced 98 different families Genevieve Meissner, 333 10 Street NW, New Brighton, co-owner of the Majestic Ballroom, 9165 West Point Douglas Road, reviewed the (10} conditions of compfiance ! imposed by the City Council as a part of their liquor licenses. G. Meissner also responded to the violations listed in the Acting Public Safety Director's May 28 report to the Council. There was considerable discussion regarding police on-site inspections, the compliance form, the number of required security officers, the condition requiring one security officer to be fluent in the predominate language of the patrons, and the separation of underage patrons. Council then heard testimony from John Mathias, John Bratner, JefF Meyers, Diana Morona, Gary Gloss, Irv Kopren, and Terry Redmond. John Mathias of Minneapolis suggested that the City require the promoter of a public dance make a security deposit with the City to excessive police services. Also, as violations occur, the Meissner's should be notified. That would have given the Meissner's an opportunity to respond to the violation. John Bratner, former Operations Manager of ARI Security, informed the Council he has attended every public dance at the Majestic Ballroom for the last four years. He informed the Council that he assisted the former Public Safety Director in putting together the list of acceptable forms of identification. As the former Operations Managers for ARI Security, he had a difficult time hiring and retaining people. When he • would schedule people to work, some would not show up. Bratner commented on the Regular Meeting — June 24, 1998 Cottage Grove City Council Page 6 • violations listed in Jim Kinsey's report about people entering and exiting the building, separation of underage patrons, security, and interpreters. Jeff Meyers, 8991 West Point Douglas Road, just south of the Majestic Ballroom, requested that the owner of the Majestic Ballroom install a fence along their property line to keep cars from parking in his front yard. G. Meissner agreed to do so. Diana Morona, 8234 Janero Avenue South, stated she has worked at the Majestic Baflroom for 15 years. She commented the Meissner's have worked very hard to comply with all the security requirements. Gary Gloss, 6546 90 Street South, expressed concern about allowing underage patrons to remain on the premises of a liquor establishment. Irv Kopren, 9735 Miller Road South, agreed with Mr. Mathias' suggestion to require people renting the Ballroom to make a security deposit for police services. Terry Redmond, 9501 Islay Avenue South, stated the City should establish rules for all businesses to follow and treat everyone the same. Mayor Denzer closed the public hearing. • Acting Public Safety Director Jim Kinsey stated that on February 19 of this year, Chief Cusick sent a letter to the Meissner's indicating they were in violation of some of the conditions along with a reminder that they were to follow all of the conditions. Council Member Wolcott asked G. Meissner if she recalls getting a letter in February from Cusick about some of the problems? G. Meissner responded she met with Cusick for about 1.5 hours. Council Member Wolcott stated the Meissner's received the list of conditions in December 1997 when they renewed their liquor license and in February 1998 they received a warning from the Public Safety Director. The violations however have continued. There was brief discussion of requiring one security officer to be fluent in the predominant language of the patrons. Council Member Hale commented that at least an employee of the establishment to be fluent in the predominate language. City Attorney Bob Long stated that you have given notice of public hearing to cortsider adverse action against both the 3.2 beer license and the dance permit. If there were a . decision to try to suspend or impose a penalty, then he would recommend that Staff be directed to draft a resolution of findings. Regular Meeting — June 24, 1998 Cottage Grove City Council Page 7 • Council Member Shiely directed the Public Safety Director to do a statistical comparison of activity for all liquor establishments within Cottage Grove to determine if the number of contacts at the Majestic Ballroom were out of proportion to other establishments. MOTION BY WOLCOTT, SECONDED BY HALE, TO DIRECT THE CITY ATTORNEY TO DRAFT A RESOLUTION OF FINDINGS AND IMPOSITION OF PENALTY. MOTION CARRIED. 5-0. BID AWARDS Council reviewed the bids for the Cottage Grove Ice Arena Studio Rink Floor Replacement Project. Gary D. Kristofitz of Bonestroo, Rosene, Anderlik & Associates, Ice Arena Manager Dean Mulso, and Parks & Recreation Director John Fredrickson reviewed the options included in the bid and responded to questions and concerns relating to the bids. Folfowing discussion, Council directed Staff to continue to monitor and add freon to the system leaks, obtain quotes to repair the compressor and air exchange unit, and re-bid the project in the spring of 1999. • UNFINISHED AND NEW BUSINESS Schedule Budqet Review Sessions Council scheduled workshop sessions for Thursday, July 30 and August 6 at 7:00 p.m., to review the 1999 Recommended Budget. Hadley Avenue (CSAH 39) Improvements Council reviewed Administrator Schroeder's recommendation that Council approve the Cooperative Agreement with Washington County, contingent upon City Attorney review and approval. Administrator Schroeder noted that Washington County was proposing that the Cottage Grove share of the project would be approximately $41,500. Staff believes it to be a fair and equitable proposal. MOTION BY HALE, SECONDED BY SHIELY, TO APPROVE THE COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND WASHINGTON COUNTY, CONTINGENT UPON FINAL REVIEW AND APPROVAL OF THE CITY ATTORNEY. MOTION CARRIED. 5-0. U Regular Meeting — June 24, 1998 Cottage Grove City Council = Page 8 � COUNCIL COMMENTS AND REQUESTS Council Members Shiely and Kohls briefly highlighted a number of sessions they attended at the League of Minnesota Cities Annual Conference. Council Member Kohls asked the Council what they would like to do with the CityVision Task Force final recommendations. She stated she would like to schedule a Council Workshop session to discuss the recommendations, and then meet with the Task Force members. Prior to the Council meeting, Kohls stated she would like to receive a list of recommendations from Staff. Community Development Director Kim Lindquist informed the Council that as a part of the Comprehensive Planning process, advisory commissions associated with the different sections of the Comprehensive Plan have been receiving the final recommendations of the CityVision Task Force. Council Member Shiely stated she asked Craig Rapp what would happen if the Metropolitan Council Growth Options Plan does not coincide with the City's Comprehensive Plan. For the record, Mr. Rapp informed her the Metropolitan Council would be willing to negotiate. Shiely stated the Metropolitan Council would need to receive a letter from the City before this coming December indicating that the City's Comprehensive Plan and their Growth Plan may be in conflict. If we wait until after December, we won't be able to contest it. Kohls confirmed that that was what she heard. Council Member Kohls reported she met with the engineering firm handling the main interceptor for the Wastewater Treatment Plant. There was discussion on running a line for the wastewater treatment plant interceptor and the Central Draw pipe at the same time and in the same trench. Referencing a memo she wrote to the entire Council, Kohls stated she was in favor of hiring Bob Beduhn, HDR Engineering to undertake an independent study on: (1) flow contribution from Woodbury to Cottage Grove; (2) look at Cottage Grove from the Woodbury/Cottage Grove border south to the river as a"stand alone" watershed and give the City a management plan or design using the Watershed's rules and our Surface Water Management Plan; (3) cost; and (4) to evaluate the proposed "oversized" piping system for Woodbury. Council Member Kohls requested that the City Council authorize Staff to meet with HDR Engineering and invite Mr. Beduhn to attend the next meeting to discuss the proposal. Council Member Wolcott stated he has not had an opportunity to read through Council Member Kohl's report. He stated he would like to talk about it at the next meeting. Council Member Hale directed Staff to respond to the letter from Stewart and Cathy ,� Brooks of 7532 Langfey Avenue South. Regular Meeting — June 24, 1998 Cottage Grove City Council � Page 9 PAY BILLS MOTION WOLCOTT, SECONDED BY HALE, TO APPROVE PAYMENT OF CHECK NUMBERS 102970 TO 103217 IN THE AMOUNT OF $1,393,081.21. MOTION CARRIED. 5-0. WORKSHOP SESSION Nuisance Property Complaints and Violations Council reviewed the report from Kim Lindquist, Community Development Director, regarding nuisances and complaint handling. Discuss Possible Sanctions aqainst New Moon Liquor License Council briefly reviewed the report from James Kinsey, Acting Public Safety Director regarding a liquor violation at the New Moon Restaurant on May 30, 1998. Acting Public Safety Director Jim Kinsey was directed to issue a written warning to the owners of the New Moon Restaurant for violation of Minnesota Statute 340A.503, subd. 1(A) (1) on May 30, 1998. • �� ADJOURNMENT MOTION BY HALE, SECONDED BY KOHLS, TO ADJOURN THE REGULAR MEETING AT 11:36 P.M. MOTION CARRIED. 5-0 Respectfully submitted, Caron M. Stransky City Clerk CMC Attachments (2) . � . � G�/��',o�t�y� ,�i� a!P,Q.e�/ � ��/q� �.l�J -- �� FACT NOT FICTION � �,L�, �� . The lay of the land, high and low points, in Woodbury has not changed from 1979 to the present time. Bailey Lake at the pump station, on County Road 19, is at the low point for natural storm water runoff from recently developed housing and commercial areas. This low point has no natural outlet. A�.pump is needed to lif� the storm - water runoff to a higher elevation so that it can flow south towasd the Mississippi River. The �979 Bonestroo plan was implemented and a.dopted by the city of Woodbury to handle this problem during much of this construction. Barr Engineering reviewed the 1979 Bonestroo plan in 1993 and agreed with most of the original plan. If Barr had been consulted before �993 they might have ha.d a differest approach in regaxds to handling the ponding of water in Bailey Lake. At this time the SWWD was formed to m�.ke the pumping of water over a natural divide a legal act, which would have otherwise been illegal. � La,tely this original 1979 plan to pump water over Mother Nature's high point at County Road 19 has been changed due to potential litigation problems arising from 3NI's toxic dump in the path of storm water runoff leaving Bailey Lake. The City of Cottage Grove never had any acute sanitary or storm water runoff problems until the d'ictatorial powers of the Niet Council and Bureau of Water and Soil Resources came into being. This change of events has threatened the sovereignty of the City of Cottage Grove. A new sanitaxy f acility could be located where the population growth is -- that happens to be east Woodbury. This ideal site would be on, or neax to, the Bailey Nursery site, south of Valley Creek Roa.d. This site now covers about a half section of land. Woodbury presently allows a pr�:vate company to manufacture mulch, and the city has a dump site to • handle brush and leaves, And, just to the south, is the 3M industrial hazasdous waste disposal site, a huge area contaminated by tha.t company. � A � In effect, Woodbury already has a hideaway for activities they wish to • conceal from their constituents. If such a plan was adopted, Cottage Grove would keep their present cost-efficient sanitary facility with only minor improvements needed. The storm water runoff of 180 c.f.s. plus 15 c.f.s. for sanitary effluent from Woodbury would pass either towards the St. Croix basin or down County Road 19 towards the Mississippi R iver. Only one trench excavation to accomodate one or �wo pipes for this flow would then become cost effective. The Met Council has already made a judgement call on this matter with no hard data to back up their decision. The City of Woodbury and the 3r1 Corporation should be required by law to work out their self-created problems and not be allowed to dump on their neighbors to the south. That is the only way they will be considered a good neighbor. Woodbury's rapid, out-of-control growth must be stopped until they work out all of their infrastructure problems and stop running • to the governor or try to work some politically shrewd parliamentary procedure to bail them out of self-inflicted growing pains. Let the past record speak for itself. I challenge anyone interested to take a ten-minute drive around town to points mentioned in Woodbury and make up their own minds as to what is factual or allegations. � . i � • � O � � � � � � � � • � � C � � �f � � n �y � � � �' � � . ..._._ . ._. ._.. �'��; :.�r: . �/�s�/9 � �� • HealthEast � �;�� Hospice June 23, 1998 Cottage Grove Council RE: Kountry Kousins Fan Club, Inc. Dear Cottage Grove Council Members: ,��a� �� . 69 West Exchange Street St. Paul, MN 55102 612-232-3312 612-232-3494 FAX On behalf of HealthEast and the HealthEast Hospice program, we hope you will reconsider the decision to discontinue your support of Kountry Kousins at the Majestic Ballroom. The Kountry Kousins Fan Club, Inc. has been partnering with HealthEast Hospice for over 10 years. They have financially supported the program, its patients and their families with over $11,500. It would be a shame to discontinue this important relationship and the services offered to Cottage Grove and surrounding communities. HealthEast is an non-profit health care system embracing compassionate care as a core value. For twenty years dedicated HealthEast Hospice staff and volunteers have cared for thousands of • people with terminal illnesses and their families, and have served many families in the Cottage Grove area. Over the last ten years Kountry Kousins has helped us provide the community, social and medical services needed by individuals with terminal illnesses and their families. Sandy VanHorn, an active Kountry Kousins Fan Club participant and member of the HealthEast Hospice staff, can personally explain the benefits of the organization and its relationship to HealthEast and the Cottage Grove community. Please call Heidi Larson-David at 232-5078 should the council members need more information regarding this important relationship. We would greatly appreciate your support. � Sincerely, �� ---�. �� Linda Kay Smith Executive Vice President HealthEast Foundation �, � �� / d �� Heidi Larson-David Development Associate HealthEast Hospice Rooted in Judeo-Christian aalues, our Mission is high quality, compassionate, cost-effective healfh care for the communities we serne. An Equal Opportunity/Affirmative Action Employer g� pnnted on recycled paper