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Home My WebLink About1998-07-15 PACKET 03.A.� � r , ...� . . � �� .� . .. � •�� 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 tnat 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) minuYes per issue. Present: Mayor John Denzer Council Member Jim Wolcott Council Member Sandy Sniely Council Member Rod Hale Absent: Council Member Cheryl Kohls Also Present: Ryan Schroeder, City Administrator Karen S. Matthees, Administrative Secretary Michelie Woife, Assistant City Administrator Liz Johnson. Finance Director Jim Kinsey, Acting Police Chief Les Burshten, Public Works Director Jerry Bourdon, City Engineer, BRAA Bob Long, City Attorney, Kennedy and Graven There being no one wishing to address the Council, Open Forum was closed. At 7:29 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 regular meeting on Wednesday, June 3, 1998, at the Cottage Grove City Hall, 7516 8p Street South. Mayor Denzer called the meeting to order at 7:30 p.m. ROL� CALL Present: Mayor John Denzer Council Member Jim Wolcott Council Member Sandy Shiely Councii Member Rod Hale Absent: Staff Present; Council Member Cheryl Kohis Ryan Schroeder, City Administrator Karen Matthees, Deputy City Clerk Liz Johnson, Finance Director REGULAR MEETING — 6/3/98 Cottage Grove City Council Kirstin Barsness, Economic Development Director Kim Lindquisf, Community Developmen4 Director Michelle Wolfe, Assistant City Administrator Jerry Bourdon, City Engineer, BRAA Bob Long, City Attorney, Kennedy & Graven Jim Kinsey, Acting Police Chief Les Burshten, Public Works Director Mayor Denzer presided over the meeting. r: a. z. � s r r•�� r•� y_� e �� .� _� -..- i MOTION BY WOLCOTT, SECONDED BY HALE, TO APPROVE THE FINAL AGENDA. MOTION CARRIED. 4-0. PRESENTATIONS Mayor Denzer read aloud a proclamation declaring the week of June 21-27, 1998, as Amateur Radio Week. Mayor Denzer thanked the amateur radio operators for their help in emergency situations. APPROVAL OF MINUTES Council Member Shiely noted that under Council Comments and Requests in the minutes of May 20, she, not Mayor Denzer, requested that a workshop session be held to look into the open space acquisition grant as it related to preservation of open space or a community center. That correction being noted, the minutes of the May 6 and May 20 regular City Council meetings were accepted. CONSENT CALENDAR Council pulied item G, Approve Purchase of Niqht Visio� Equipment for the Public Safet�! Department, for discussion oniy. MOTION BY HALE, SECONDED BY WOLCOTT, TO: A. ACCEPT THE MINUTES OF THE ECONONIIC DEVE�OPMENT AUTHORITY MEETING OF APRIL 14, 1998. B. APPOINT JULIE TUTHILL TO REGULAR PART-TIME STATUS AS SECRETARY II IN THE FIRE DEPARTMENT, EFFECTIVE JUNE 2, 1998. C. APPROVE RETAINER AGREEMENT FOR CIVIL SERVICES BETWEEN THE CITY OF COTTAGE GROVE AND KENNEDY AND GRAVEN THROUGH DECEMBER � ... REGULAR MEETING — 6/3/98 Cottage Grove City Council -..- D. APPOINT JUQY RYAN TO REGU�AR PART-TlME STATUS AS SECRETARY !!N THE PUB�IC SAFETY DEPARTMENT EFFECTIVE MAY 22, 1998. E. APPROVE THE SINGLE-OCCASION GAMBLING PERMIT APPLICATION OF CALVIN C. STOLL, ON BEHALF OF THE SECOND CHANCE FOR LIFE FOUNDATION, TO CONDUCT A RAFFLE ON JUNE 14, 1998, AT THE MAJESTIC BALLROOM, 9165 W. POINT DOUGLAS ROAD. F. APPROVE THE SINGLE-OCCASION GAMBLING PERMIT APPLICATION OF CHURCH OF ST. RITA TO CONDUCT A RAFFLE, BINGO AND PULL-TABS ON SEPTEMBER 19 AND 20 AT 8694 80 STREET SOUTH. G. AUTHORIZE PURCHASE OF NIGHT VISION EQUIPMENT FOR INVESTIGATIONS AND PATROL FROM B�UE LINE �AW ENFORCEMENT GEAR FOR $10,715.47. H. AUTHORIZE PURCHASE OF TREES FOR SPRING BOULEVARD TREE PLANTING FROM MIDWEST LANDSCAPES FOR $16,525.97. I. APPROVE CHANGE ORDER NO. 1 IN THE AMOUNT OF $6,522 TO TOWER ASPHALT, INC., FOR THE 80 STREET RECONSTRUCTION PROJECT. u• • �'• � � � RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES - None PUBLIC HEARING Adopt Resolution Authorizing Application for the Minnesota Investment Fund for RenewaP by Andersen Mayor Denzer announced the purpose of the hearing was to consider adoption of a resolution authorizing application for the Minnesota Investment Fund for Renewal by Andersen. Economic Development Director Kirstin Barsness reported that 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. There being no comments, Mayor Denzer closed the public hearing. MOTION BY WOLCOTT, SECONDED BY SHIELY, TO ADOPT RESOLUTION 98-82, A RESOLUTION AUTHORIZING APPLICATION FOR THE MINNESOTA INVESTMENT FUND FOR RENEWAL BY ANDERSEN. MOTIOfV CARRIED. 4-0. REGULAR MEETING — 6/3/98 Cottage Grove City Council Page 4 Authorize issuance of an "Off Sale" Intoxicatinq Liquor �icense to Cherokee Liquors, Inc., dba Cottage Grove Liquors Mayor Denzer announced the purpose of the Pubiic Hearing was to consider the issuance of an "Off-Sale" Intoxicating Liquor �icense to Cherokee Liquors, Inc., d.b.a. Cottage Grove liquors, upon compliance with (1) the Off Sale license be issued only upon surrender of the existing license issued to David L. Wrolstad; and (2) new license shall terminate upon the opening of the new G-Will Liquor establishment. Administrative Secretary Karen Matthees reported that the legal notice of hearing was in order and pubiished in accordance to applicable law. Mayor Denzer opened the public hearing to those wishing to be heard. There being no comments, Mayor Denzer closed the public hearing. City Attorney �ong announced he received a telephone call prior to the meeting from a representative of MGM Liquor Warehouse. The caller cited Minnesota Statute 340A.412, sub. 4(aj(5) which states, in part, that a liquor license cannot be issued to an establishment within 1,000 feet of a state hospital, training school, reformatory, priso� or other institution under the supervision or control, in whole or in part, of the Commissioner of Human Services or Commissioner of Corrections. The caller raised the issue that the G-Will Liquor would be within 1,000 feet of the Washington County Court House and that there are some programs housed within the Court House that are under the jurisdiction of the Commissioner of Human Services. Attorney Long noted the City has not had an opportunity to interpret the Statute and asked the Council to continue the public hearing until the situation was investigated. Council Member Hale noted that Cherokee Liquor would operate in the existing Cottage Grove Liquor space and there has been a liquor license issued to that space for the last 20+ years. Long noted that if a license was in existence prior to the statute being passed, that licensee would be "grandfathered" in. Bill Munson, Owner/Operator of Shopping Center, stated construction is half-complete and if there was a problem, he needed to know now. Joe Nemo, representing Cherokee �iquors, informed the Council that Cherokee Liquors plans to be in operation for approximately 90 days at the Cottage Grove Liquor location. Nemo asked City Attorney Long to relay what types of activities were taking place within CourtHouse. Long noted that based upon the information received, a WIC Program is located within the building. MOTION BY WOLCOTT, SECONDED BY SHIELY, TO CONTINUE THE PUBLIC HEARIIVG TO CONSIDER THE ISSUANCE OF AN OFF SALE LIQUOR LICENSE TO REGULAR MEETING — 6/3/98 Cottage Grove City Council -.� CHEROKEE LIQUORS, INC., TO TUESDAY, JUNE 9, 1998, AT 8:00 A.M. MOTION CARRlED. 4-0. Adopt Resolution Modifyinq Development District No. 1 Mayor Denzer announced the purpose of the Public Hearing was to consider adopting a resolution adopting the modification to the development district program for Development District No. 1: establishing within Development District No. 1 Tax Increment Financing District 1-9, and adopting the related Tax Increment Financing Plan therefor. Economic Development Director Barsness reported that 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. The Council accepted for tne record a letter from Washington County with their comments concerning the Tax Increment District. There being no further comments, Mayor Denzer closed the public hearing. MOTION BY WOLCOTT, SECONDED BY SHIELY, TO ADOPT RESOLUTION 98-83, A RESOLUTION ADOPTING THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1; ESTABLISHING WITH THE DEVE�OPMENT DISTRICT NO. 1 TAX INCREMENT FINANCING DISTRICT NO. 1- 09, AND ADOPTING THE RELATED TAX INCREMENT FINANCING PLAN THEREFOR. MOTION CARRIED. 4-0. BID AWARD - None UNFINISHED AND NEW BUSINESS Ap�rove Purchase Aqreement with Glendennings for Renewal bv Andersen Site MOTION BY SHIELY, SECONDED BY WOLCOTT, TO APPROVE THE PURCHASE AGREEMENT WITH GLENDENNING'S CONTINGENT UPON FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY MOTION CARRIED. 4-0. Approve Develo�ment Agr2ement for Renewal by Andersen Proiect MOTION BY WOLCOTT, SECONDED BY HALE, TO APPROVE THE DEVELOPMENT AGREEMENT �OR RENEWA� BY ANDERSEN PROJECT AND AUTHORIZE STAFF AND CONSULTANTS TO 7AKE NECESSARY STEPS TO AGCOMPLISH ITS EXECUTION. Bill Buth, 6340 �amar Avenue, a member of the EDA, commented that Economic Development Director Barsness should receive credit for 4he Renewal by Andersen REGULAR MEETING — 6/3/98 Gottage Grove City Council -..- . Project. Ms. Barsness is highly respected by the City of St. Paul and the MEDP and deserves to be recognized for this project. Mayor Denzer and Council extended their thanks to Kirstin for her part in securing the Renewal by Andersen Project. UPON VOTE BEING TAKEN, MOTION CARRIED. 4-0. Adopt Resolution Approvinq Plans and Specifications and Orderina Bids for the Industriai Park Infrastructure for Renewal by Andersen Project. MOTION BY HALE, SECONDED BY WOLCOTT, TO ADOPT RESOLUTiON 98-84, A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING BIDS FOR THE INDUSTRIAL PARK INFRASTRUCTURE FOR RENEWAL BY ANDERSEN PROJECT. Council Member Hale asked whether the City would be working with the Metropolitan Council for assistance in financing improvements on 100` Street and Jamaica Avenue. Administrator Schroeder stated the City's obligation under the Development Agreement was to improve 100 Street prior to the end of the year 2000. The Metropolitan Council Environmental Services and Board have, in concept, approved a cost sharing of approximately one-third on 100` Street and Jamaica Avenue improvements. UPON VOTE BEING TAKEN, MOTION CARRIED. 4-0. Direct staff to send a letter to the Watershed Board explaining the City's position on the role of the District in permitting of projects. Community Development Director Kim Lindquist noted there may be some benefit to having tne Watershed Board play a role in the permitting process. Council Member Hale commented it would be beneficial for the Watershed Board to review projects; however, the City should retain authority over the permitting process. Council Member Wolcott stated it was his understanding that individual cities would do their own permitting unless there was a dispute between two cities. Mayor Denzer concurred on the permitting process. Lindquist stated it was her understanding that the Watershed Board wouid be the permitting agency until all watershed municipalities' Storm Water plans were consistent with the watershed pian. Cottage Grove's draYc plan does not encompass the entire community and it is not clear how they will handle permitting. Lindquist asked if Councii wanted the Watershed Board to retain permitting or discontinue when the plans are in piace. REGULAR MEETING — 6/3/98 Cottage Grove City Council -..- Council Member Wolcott expressed a desire that the City retain as much control as possible. Councii directed staff to send a letter to the Watershed Board stating that where there are conflicts between municipalities as a result of water impacting one, both, or more communities, that is where the Watershed Board should step in. If a municipality has an approved storm water plan, that plan should be the governing document for that municipality. Council also directed staff to send a letter to the County asking that no one municipality have more representation on the Board than another. Stan Hale, 6757 Lamar Avenue South, questioned the water tests the City is doing at Gables Lane and Ravine Park. Hale reminded the Council that residents of Old Cottage Grove have been asking for fuli testing of Gables Lake and stated that testing must be completed. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS — None COUNCIL COMMENTS AND REQUESTS Mayor Denzer encouraged residents to attend the Great Grove Get-together on June 12-14 and 3M's 50 Anniversary Open House on June 13, 1998. CounciB Member Wolcott commended Public Works and Public Safety staff for their excellent response during the storm on Saturday night. Wolcott informed residents that the City is picking up brush that is placed on the curb and, if they have the means, to take it to the compost site free of charge. Mayor Denzer wished the Park High School Girls Fastpitcn Softball good luck in the State tournament in Mankato. Council Member Shiely asked what the criterion was for sounding the emergency weather sirens. Acting Police Chief Kinsey noted that a tornado moving into the area or a sustained wind of 70 mph or greater moving into the area would trigger a response. Council Member Shiely noted she is always amazed and proud of how well our community responds to an emergency. Council Member Hale recognized Kirstin Barsness, Ryan Schroeder, Planning Department Staff, �egal Staff, and the EDA for their role in the Renewal by Andersen Project. He stated he was very excited about Renewal by Anderson coming to Cottage Grove and hoped this would be 4he stimulus for getting additional development in our Industrial Park. REGULAR MEETING — 6/3/98 Cottage Grove City Council PAY BILLS -..- : MOTION BY HALE, SECONDED BY SHIELY, TO APPROVE PAYMENT OF CHECK NUMBERS 102767 to 102969 IN THE AMOUNT OF $301,271.03. MOTION CARRIED. 4-0. WORKSHOP SESSION - Open to public. CLOSED SESSION - NONE At 8:19 p.m., Council temporarily adjourned the regular meeting to a workshop session to discuss penaities against or revocation of Majestic Baliroom's 1998 3.2 Beer License and Dance Permit. Majestic Ballroom City Attorney Long provided the Council an overview of action that ca� be taken against the Majestic Bailroom's 1998 3.2 Beer License and Dance Permit. Council directed Attorney Long and Acting Public Safety Director Jim Kinsey to prepare a Public Hearing Notice for action at the June 24, 1998, City Council meeting. Presentation by Washington County on the Hadley Avenue Project Don Tiesen, Brian Gage and Myra Peterson, representing Washington County, provided Council with an overview of the proposed CSAH No. 39 (Hadley Avenue) reconstruction project. The County plans to reconstruct Hadley Avenue from Belden Boulevard to Summit Avenue in St. Paul Park. Following considerable discussion, Council directed Public Works Director Burshten to review costs associated with sanding/plowing 70 a�d 65� Streets. Washington County will send a formal Ietter to the City of Cottage Grove outlining the CSAH No. 39 project for Councii's consideration. ADJOURNMENT MOTION BY HALE, SECONDED BY DENZER, TO ADJOURN THE REGULAR MEETING AT 10:12 P.M. Respectfully submitted, Karen S. Matthees Administrative Secretary