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Home My WebLink About1998-08-19 PACKET 03.A.. ,. � � '• � , w ,� 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: Mayor John Denzer Council Member Jim Wolcott Council Member Sandy Shiely Council Member Rod Hale Council Member Cheryl Kohls Also present: Ryan Schroeder, City Administrator Caron Stransky, City Clerk Irvin Kopren, 9735 Miller Road South, addressed the Council regarding the poor condition of the roads in the Langdon area, the policy on snowplowing, and the large dirt pile at the Pubfic Works Facility. Dale Hamilton, 7095 Irvin Avenue South, registered a complaint regarding the home occupation business at 7085 Brvin 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 tnat 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 Previousiy 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 Gouncii adjourned to the Regular meeting. CALL TO OF2DE�i The City Council of the City af Cottage Grove, Washington Caunty, (Vlinnesota held a regular meeting an Wednesday, June 24, 1998, at the Cottage Grave City Hall, 7516 �0`'`' Street Sauth. �ayor Denzer called the meeting to order a� 7:34 p.m. Regular Meeting — June 24, 1998 Cottage Grove City Councii Page 2 ROLL CALL Present: Mayar John Denzer Council Member Jim Wolcott Council Member Sandy Shiely Council Member Rod Hale Council Member Cheryl Kohis Absent: None. Also Present: Ryan Schroeder, City Adrninistrator 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 Pubiic Safety Director Les Burshten, Public Works Director Mayor Denzer presided over the meeting. ��` • i � r� MOTION BY HALE, SECONDED BY WO�COTT, TO APPROVE THE FlNA� AGENDA. MOTION CARRIED. 5-0. PRESENTATIONS Councii Member Shieiy read aioud a proclamation declaring Tuesday, August 4, 1998, as "Nationai Night Out° in the City of Cottage Grove. APPROVAL OF MINUTES The minutes of the June 3 Special City Council mesting were accepted, as presented. CONSEN7 CALENDAR M07iOPJ BY HALE, SECONQED �Y WOLGOTT, TC7: A. AGCEF'T THE NIINUTES OF THE PARKS, RECREATI(7N AND NRTURAL RESOURCES GOMMI�SION t�%EETING OF MAY 11, 1998, AND THE PUBLIG WORKS COM�ISSIC}N M�E�TING (5F N1�aY 11, 1998. Regular Meeting — June 24, 1998 Cottage Grove City Council Page 3 B. APPROVE THE PUBLIC UTILITY EASEMENT AND AGREEMENT BETWEEN U.S. VVES? COP�IMUNlCATIONS, lNG., AND THE ClTY OF COTTRGE GROVE, AND AUTHORIZE THE MAYOR AND CITY C�ERK TO EXECUTE THE AGREEME(JT 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 RESOLU7'lOP! NO. 9�-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 NATURA� RESOURCES COMMISSION FOR A TERM OF JUNE 25. 1998 THROUGH �. .. ; ... F. AUTFiORIZE THE PURCHASE OF A 1998 OLDSMOBILE INTRIGUE FOR USE BY PLANNING, ADMINISTRATION, FINANCE AND ECONOMIC DEVELOPMENT, FROfvI MCCARTHY OLDStv10BILE IN THE AfV10UNT OF $18,800. G. ADOPT RESOLd1TlON PdO. 58-87, A RESOLUTION ACCEPTING DONATIONS TOTA�ING $2,010.00 FOR THE GREAT GROVE GET-TOGETHER. .��- ^ s r • •- • • r � � , � � � • • � .; �. . • • • .��- ••: -� - � � � : �' ' • • • ^ � : . .;�- • -• •- s • � -• �.-.• ..�.� � . ..� • ' • -• i' • C ! • . ; � . . �. � . � . ._ 11��\ � ■ ':l:.• �\�: `...: •t �� . �. ,� � ;�� l� +; ;� • � �' / �� "�� t�` i� •� .� . . * i : a � . x s s 1 r E � i t Regular Meetir�g — June 24, 1998 Cottage Grove City CounciB Page 4 L. APPROVE APPOINTMENT OF JAMES NORTHWAY TO THE POSITION OF PU�LIC SERVICE WORKER/MECHANIC, 5U�JECT TO SATlSFACTORY COMPLETION OF A 12-N10NTH PROBATIONARY PERIOD. M. RECEIVE NOTIFICATION OF THE EMINENT DOMAIN PROCEEDINGS RELATING TO HARDWddD 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 technica! and legal advice. A typewritten statement was distributed. A copy is attached to and made a part of the original minutes. PUB�IC HEARINGS Continue Public Hearinq to consider the issuance of a �ew Off-Sale and On-Sale 3.2 Beer License to Bettv Schultz Administra4or Schroeder recommended that Councii continue the public hearing to give staff an opportunity to complete the police background investigation. Mayor C7enzer 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 & Griil. The well at 7400 �amar Avenue supplies water to the Boondocks property. LaChapelle informed the Council he does not intend to aliow continued use of the water supply. In addition, the North Star Snowmobile trail that currently runs through his backyard will have to be re-routed. Mayor Denzer continued the pubiic hearing ta the July 15 Regular meeting. Consider Adverse Action aqainst Owner of Majestic Ballroom Mayor Denzer announced the purpose of the public hearing was to cansider adverse actian against the liquor license and dance permit issued ta Meissner Inc., L1.B.A. tilajestic Balfroom by suspension, revocation and ar impasition nf civil penal4ies. Gity Clerk Caron Stransky reparted that the fegal natice af hearing was in order and published in accnrdance ta appiicable law. �ayar Denzer apened th� public hearing to hear testimony fram those in the audience. Regular fNeeting — June 24, 1998 Cottage Grove City Council Page 5 Tory Buss of Kountry'rEousins Fan C;ub, Inc., eommented the City has successfu!!y damaged their organization's possibility of holding a successfui cancer benefit at the Majestic Bailroom this fall. Buss commented he was offended by and expressed disapproval over information printed in a recent article in the Washington County BuBletin. Buss stated that since February 1998 at no time has he ever seen or heard anything, which wou�d 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 i�linnesota. 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 tVW, New Brighton, co-owner of the Majestic Ballroom, 9165 West Point Douglas Road, reviewed the (10) conditions of compliance 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 CounciB. 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 af 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 vioiations occur, the iVieissner's should be notified. That would have given the Pvleissner's an opportunity to respond to the vioiation. John Bra4ner, farmer Operations Manager af ARI Security, informed tt�e Gouncil he has atfended every public dance at the Majestic Bailraom for th� last four years. Ne informed the Cauncil that he assisted fhe former Pubiic Safety Director in putting together the list of acceptable forms of identification. As the farmer Operations Managers for AFdI Securify, he had a difficulY time hiring and retaining peaple. When he �roufd schedule people tn vvork, same would not show up. �ratner commented an the Regular Meeting — June 24, 1998 Cottage Grove City Council Page 6 violations listed in Jim Kinsey's report abaut people entering and exiting the building, separation af underage patrons, security, and interpreters. Jeff Meyers, 8991 West Point Douglas Road, just south of the Majestic Bailraom, 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 Baliroom 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 ta remain on the premises of a liquor establishment. Irv Kopren, 9735 Miller Road South, agreed with Mr. Mathias' suggestion to require people renting the Baliroom to make a security deposit for poiice 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 af this year, Chief Cusick sent a letter Yo the tNeissner's indicating they were in violation of some of the conditions along with a reminder that they were ta 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 iiquor Iicense and in February 1998 they received a warning from the Public Safety Director. The violations however have continued. There was brief discussian af requiring one security officer ta be fluent in fhe predominant language of the patrons. Coundi Member Hale commented that at least an employee of the �stablishment tcs be fluent in the predominate language. Ci4y A4farney Bob Long sEated that you have given natice of public hearing to consider adverse actian again�t bath the 3.2 beer license and the dance permit. if there wrere a decision to try 4o suspend or impose a penalty, thsn he would recommend that Staff be directed to draft a resalution of firrdings. Regular Pvleeting — June 24, 1998 Cottage Grove City Council Page 7 Cauncil Member Shiely directed the Public Safety Director to do a statistica! cemparison of activity far ali liquor establishments within Cottage Grove to determine if the number of contects at the IUiajestic Ballraom were out of proportion to other establishments. MOTION BY WO�COTT, SECONDED BY HALE, TO DIRECT THE CITY ATTORNEY TO DRAFT A RESOLUT�ON OF FItVDINGS ANd IMPOSITION OF PENALTY. MOTION CARRIED. 5-0. BID AWAF2DS 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. Following 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 �USINESS Schedule Budget Review Sessions Council scheduled workshop sessions for Tnursday, July 30 and August 6 at 7:00 p.m., to review the 1999 Recammended Budget. HadleyAvenue (CSAH 39) Improvements Council reviewed Administrator Schroeder's recommendation tnat 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. tv10TION BY FiALE, SEC(7NDED BY SI�iIELY, TO AF'PROVE THE CO5T PARTIGIPA7idN AGR�EMEEVT BETWEEiV THE GITY OF GOTTAGE GROVE AND VVASNINGTON CQUNTY, COPVTINGE(VT UPON FINAI. REVIEW AtVD �PPRt�VAL oF - rr�� ci�rY � r�a�rio� c��z��r�. �-o. Regular Meeting — June 24, 1998 Cottage Grove City Council Page 8 COUNCIL COMMENTS AND REQUESTS Councii Members Shiely and Kohls briefly highlighted a number af 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 Councii Workshop session to discuss 4he recommendations, and then meet with the Task Force members. Prior to the Council meeting, Kohis stated she would (ike 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 CityVisio� 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 Metropoiitan Council would be wiliing to negotiate. Shiely stated the Metropolitan Council wouid need to receive a letter from the City before this coming December indicating that the City's Comprehensive Pla� and their Growth Plan may be in conflict. If we wait until after December, we won't be abie to contest it. Kohis 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 treatme�t 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 ta the river as a"stand alone" watersned 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 Kohis requested that the City Council authorize Staff ta meet with HDR Engineering and invite Mr. �eduhn Yo ettend the next meeting to discuss the proposal. Councif tvlember Wolcofit stated he has not had an apportunity to read through Council Member KohPs report. He stated he would like Ya talk about it at the next meeting. CounciE fvlember Hale direcYed Staff ta respond to the letter from Stewart and Cathy Broaks of 7532 Langley 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 Pro�ertv Complaints and Violations Council reviewed the report fram Kim Lindquist, Community Development Direc4or, regarding nuisances and complaint handling. Discuss Possible Sanctions against New Moon Liquor �icense Council briefly reviewed the report from James Kinsey, Acting PubBic 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 NALE, SECONDED BY KOHLS, TO ADJOURN TNE REGULAR MEET(NG AT 11:36 P.M. MOTION CARRIED. 5-0 Respectfuliy submitted, Caron M. Stransky City Clerk CMC Attachments (2}