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HomeMy WebLinkAbout2003-10-15 MINUTESREGULAR MEETING COTTAGE GROVE CITY COUNCIL October 15, 2003 OPEN FORUM — 7:15 p.m. Open forum provides a person an opportunity to inform the Council of a problem or to request information related to City business not scheduled for Council action and on the Agenda. Mayor Shiely encouraged persons to limit their remarks to two (2) minutes per issue. Present: Mayor Sandy Shiely Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director John McCool, Senior Planner Craig Woolery, Deputy Director Public Safety Les Burshten, Public Works Director Corrine Thomson, City Attorney James Santos, 6500 77 Street South, stated that he has issues with a trailer home that has been installed next to his home. He stated that it is an eyesore and a disruption. With all the activity next door, he feels like he is living next door to an amusement park. Santos asked why residents in the vicinity were not notified that this doublewide trailer was going to be installed. Over the past year since it was installed, it has become a true eyesore with all of the rubble and activity. He expressed concerns that the trailer would affect his property value and make it difficult for him to ever sell his property. He stated that he is very angry and asked why they were allowed to install the trailer. Mayor Shiely acknowledged Mr. Santos' concerns stating that the Council would refer his issues to the Planning Department for further review. She stated that they would respond to his concerns at the next regular City Council meeting scheduled for November 5. Jason West of the Recreation Department announced the schedule of the Third Annual Spooky Ridge Haunted House held at Woodridge Park. In addition to a Haunted House, they also have a Haunt less House for the younger children. He encouraged everyone to come on out and have some Halloween fun. Harriet Marquardt, 8824 Hale Avenue South, stated that there are two bumps in the new road in front of her home that should be repaired. She asked that someone from the City come out and take a look and repair the holes stating that it could cause damage to vehicles Regular Meeting — October 15, 2003 Cottage Grove City Council Page 2 traveling down the street. She stated that a sign was asked the City to look into it to determine what should Public Works Director Burshten stated that they would CALL TO ORDER not placed identifying the bumps and be done to resolve the problem. review the area. The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, October 15, 2003, at the Cottage Grove City Hall, 7516 80 Street South. Mayor Sandy Shiely called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor Sandy Shiely Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director John McCool, Senior Planner Craig Woolery, Deputy Director Public Safety Les Burshten, Public Works Director Corrine Thomson, City Attorney Mayor Shiely presided over the meeting. ADOPTION OF AGENDA Mayor Shiely stated that due to the number of Public Hearings scheduled for this evening, removed from the agenda Item 12A regarding the 2004 Budget and Tax Levy. Shiely scheduled the item for a special meeting at 7:00 p.m., October 22, 2003. MOTION BY RICE, SECONDED BY WOLCOTT, TO APPROVE THE FINAL AGENDA AS AMENDED. MOTION CARRIED 5 -0. APPOINTMENTS AND PRESENTATIONS A. PRESENTATIONS NONE. B. APPOINTMENTS NONE. Regular Meeting — October 15, 2003 Cottage Grove City Council Page 3 APPROVAL OF MINUTES A. September 3, 2003 Special Meeting. Mayor Shiely stated that the minutes stand approved as presented. B. September 17, 2003 Regular Meeting. Mayor Shiely stated that the minutes stand approved as presented. CONSENT CALENDAR Mayor Shiely asked to pull Item L for discussion. She stated that she wanted to call attention to the fact that Dennis Brothers Liquor, Johnson Brothers Liquor, and City Staff held a wine tasting benefit to honor the local Fire and Police Departments. She stated that the benefit was very successful noting that they were able to net approximately $1,224.00. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: NONE. B. ADOPT RESOLUTION NO. 03 -230 A RESOLUTION AUTHORIZING A SENIOR CITIZEN DEFERRAL OF SPECIAL ASSESSMENTS AT 8722 GROSPOINT AVENUE SOUTH, PIN # 18- 027 -21 -41 -0074, FOR $2,428.00. C. ADOPT RESOLUTION NO. 03 -231 A RESOLUTION APPROVING A REDUCED SCHEDULE AND SALARY SAVINGS LEAVE POLICY. D. ADOPT RESOLUTION NO. 03 -232 A RESOLUTION ADOPTING ASSESSMENTS FOR THE THOMPSON GROVE SEWER SERVICE REPLACEMENT IMPROVEMENTS. E. RECEIVE AND PLACE ON FILE A CURRENCY EXCHANGE LICENSE AGREEMENT BETWEEN TINA LUYMES OF IN CONCERT AND THE CITY OF COTTAGE GROVE. F. RECEIVE RECREATION PROGRAMMING UPDATE AND RATIFY RECOMMENDATIONS FOR 2003 -2004 PROGRAMMING. G. PASS ORDINANCE NO. 745 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING CHAPTER 11 -6 -4 OF THE COTTAGE GROVE CITY CODE RELATING TO MECHANICAL EQUIPMENT SCREENING. H. ADOPT RESOLUTION NO. 03 -233 A RESOLUTION ADOPTING A FLEXIBLE COMPENSATION BENEFIT PLAN FOR THE CITY OF COTTAGE GROVE; REPEALING RESOLUTION NO. 96 -200. I. PASS ORDINANCE NO. 746 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING TITLE 11 -2 -6 OF THE COTTAGE GROVE CITY CODE RELATING TO APPEALS. J. RECEIVE AN UPDATE ON CLEAN UP OF THE PROPERTY LOCATED AT 8724 — 95 STREET SOUTH. K. ADOPT ORDINANCE NO. 747 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING TITLE 9 -8, SIGN ORDINANCE. Regular Meeting — October 15, 2003 Cottage Grove City Council Page 4 L. ADOPT RESOLUTION NO. 03 -234 A RESOLUTION ACCEPTING DONATION OF WINE FROM DENNIS BROTHERS LIQUORS AND JOHNSON BROTHERS LIQUOR USED IN THE WINE- TASTING BENEFIT TO SUPPORT LOCAL POLICE AND FIRE. ADOPT RESOLUTION NO. 03 -235 A RESOLUTION APPROVING AND ACCEPTING DONATION OF PROCEEDS FROM THE WINE- TASTING BENEFIT FROM THE RIVER OAKS GOLF COURSE AND DENNIS BROTHERS LIQUOR FOR THE COTTAGE GROVE PUBLIC SAFETY DEPARTMENT. M. AUTHORIZE BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES TO CONTINUE TO MEET MUNICIPAL SEPARATE STORM SEWER SYSTEM NPDES REQUIREMENTS. MOTION CARRIED 5 -0. Mayor Shiely stated that if anyone is present for issues on the Consent Calendar, all have been passed. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES NONE. PUBLIC HEARINGS A. Conduct Public Hearings Considering the Assessment of the Public Improvements Mayor Shiely stated that they have several assessment hearings proposing the adoption of the assessment rolls throughout the City. She stated that many of these are developer assessments and reviewed the developments with Council. Finance Director Hedberg confirmed that the first eleven hearings are all developer initiated, second year of assessments for various developments. He stated that these should be the final assessments for the development adding that the assessments are for the infrastructure. Pine Summit 2 nd Addition Mayor Shiely opened the Public Hearing at 7:28 p.m. Mayor Shiely closed the Public Hearing at 7:28 p.m. MOTION BY WOLCOTT, SECONDED BY GROSSKLAUS, TO ADOPT RESOLUTION NO. 03 -236 A RESOLUTION ADOPTING ASSESSMENTS FOR PINE SUMMIT 2 W ADDITION UTILITY AND STREET IMPROVEMENTS. MOTION CARRIED 5 -0. 2. Pine Summit 3 Addition Mayor Shiely opened the Public Hearing at 7:29 p.m. Regular Meeting — October 15, 2003 Cottage Grove City Council Page 5 Mayor Shiely closed the Public Hearing at 7: 29 p.m. MOTION BY KOHLS, SECONDED BY RICE RESOLUTION ADOPTING ASSESSMENTS AND STREET IMPROVEMENTS. MOTION TO ADOPT RESOLUTION NO. 03 -237, A FOR PINE SUMMIT 3 ADDITION UTILITY CARRIED 5 -0. Hidden Valley 10` Addition Mayor Shiely opened the Public Hearing at 7:30 p.m. Mayor Shiely closed the Public Hearing at 7:30 p.m. MOTION BY WOLCOTT, SECONDED BY RESOLUTION ADOPTING ASSESSMENT UTILITY AND STREET IMPROVEMENTS. MOT 4. Timber Ridge 1 sT Addition TO ADOPT RESOLUTION NO. 03 -238, A HIDDEN VALLEY 10 ADDITION ION CARRIED 5 -0. Mayor Shiely opened the Public Hearing at 7:31 p.m. Mayor Shiely closed the Public Hearing at 7:31 p.m. MOTION BY RICE, SECONDED BY WOLCOTT, TO ADOPT RESOLUTION NO. 03 -239, A RESOLUTION ADOPTING ASSESSMENTS FOR TIMBER RIDGE 1 ADDITION UTILITY AND STREET IMPROVEMENTS. MOTION CARRIED 5 -0. Pine Arbor 1 st Addition Mayor Shiely opened the Public Hearing at 7:32 p.m. Mayor Shiely closed the Public Hearing at 7:32 p.m. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 03 -240, A R RESOLUTION ADOPTING ASSESSMENTS FOR PINE ARBO 1 ADDITION UTILITY AND STREET IMPROVEMENTS. MOTION CARRIED 5 -0. 6. Mississioai Dunes Estates - Multi - Family Addition Mayor Shiely opened the Public Hearing at 7:33 p.m. Mayor Shiely closed the Public Hearing at 7:33 p.m. MOTION BY KOHLS, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 03 -241 A RESOLUTION ADOPTING ASSESSMENTS FOR MISSISSIPPI DUNES ESTATES MULTI- FAMILY ADDITION UTILITY AND STREET IMPROVEMENTS. MOTION CARRIED 5 -0. RICE, S FOR Regular Meeting — October 15, 2003 Cottage Grove City Council Page 6 7. Mississippi Dunes Estates Addition Mayor Shiely opened the Public Hearing at 7:34 p.m. Mayor Shiely closed the Public Hearing at 7:34 p.m. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 03 -242 A RESOLUTION ADOPTING ASSESSMENTS FOR MISSISSIPPI DUNES ESTATES ADDITION UTILITY AND STREET IMPROVEMENTS. MOTION CARRIED 5 -0. 8. Rose of Sharon Church Addition Mayor Shiely opened the Public Hearing at 7:35 p.m. Mayor Shiely closed the Public Hearing at 7:35 p.m. MOTION BY RICE, SECONDED BY GROSSKLAUS, TO ADOPT RESOLUTION NO. 03- 243, A RESOLUTION ADOPTING ASSESSMENTS FOR ROSE OF SHARON CHURCH ADDITION UTILITY AND STREET IMPROVEMENTS. MOTION CARRIED 5 -0. 9. Carly's 1' Addition Mayor Shiely opened the Public Hearing at 7:36 p.m. Mayor Shiely closed the Public Hearing at 7:36 p.m. MOTION BY RICE, SECONDED BY WOLCOTT, TO ADOPT RESOLUTION NO. 03 -244, A RESOLUTION ADOPTING ASSESSMENTS FOR CARLY'S 1 ADDITION UTILITY AND STREET IMPROVEMENTS. MOTION CARRIED 5 -0. 10. Almar Village Commercial Addition Mayor Shiely opened the Public Hearing at 7:37 p.m. Mayor Shiely closed the Public Hearing at 7:37 p.m. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 03 -245 A RESOLUTION ADOPTING ASSESSMENTS FOR ALMAR VILLAGE COMMERCIAL ADDITION UTILITY AND STREET IMPROVEMENTS. MOTION CARRIED 5 -0. 11. Almar Village Residential Addition. Mayor Shiely opened the Public Hearing at 7:38 p.m. Mayor Shiely closed the Public Hearing at 7:38 p.m. Regular Meeting — October 15, 2003 Cottage Grove City Council Page 7 MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 03 -246 A RESOLUTION ADOPTING ASSESSMENTS FOR ALMAR VILLAGE RESIDENTIAL ADDITION UTILITY AND STREET IMPROVEMENTS. MOTION CARRIED 5 -0. B. Conduct a Public Hearing Considering the Assessment of the Removal of Public Safety Hazards at 7715 Iverson Avenue South Finance Director Hedberg explained that the Minnesota Statutes provide cities with the ability to assess costs associated with the removal or elimination of public health or safety hazards from private property. Recently the City was required to contract for the removal of hazards from a property. Hedberg provided the Council with an overview of the history of the property noting that in August 2002, the City received a judgment against the property under the hazardous property statute. He stated that the court's action set dates by which the property owner was required to complete abatement and authorized the City to complete such abatement, with costs assessed to the property should the owner fail to complete the abatement. Hedberg stated the would include a complete razing of the attached garage, complete razing or adequate structural repair to the living area and upper sleeping room that is located behind and above the rear of the garage, and adequate securing of all structural and finishing materials exposed or detached from the structure by the fire. He explained that the property owner failed to do any of the court ordered items and the City hired a contractor to secure the property. Hedberg reviewed the costs incurred which included securing the property, legal fees relating to the court order, and cleanup. He stated that Staff is recommending the assessment of $11,934.67. The amount would become a lien on the property that would be collected along with the property taxes over a three -year period. He stated that the City has received documentation from the property owner's lawyer noting that the property owner's have filed bankruptcy and are contesting the amount of the assessment. City Attorney Thomson confirmed that the property owner's did go to bankruptcy court adding that the City did receive approval for abatement process. Mayor Shiely opened the Public Hearing at 7:44 p.m. Mayor Shiely closed the Public Hearing at 7:45 p.m. Council Member Rice stated that he would like it noted for the record that it is very embarrassing that this problem has taken so long to resolve. He expressed his disappointment noting that the owner lived in this area for a very long time. For them to walk away and leave the neighborhood with such a disgusting pile is totally disgraceful. He suggested that staff consider other avenues and options that would allow the City to handle a situation like this in a more expedient timeframe. Regular Meeting — October 15, 2003 Cottage Grove City Council Page 8 MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 03 -247 A RESOLUTION ADOPTING SERVICE CHARGES FOR THE REMOVAL OR ELIMINATION OF PUBLIC SAFETY HAZARDS FROM PRIVATE PROPERTY LOCATED AT 7715 IVERSON (PIN # 09- 027- 21 -44- 0031). MOTION CARRIED 5 -0. Ce Finance Director Hedberg reviewed the purpose of the public hearing. He explained that the properties proposed to be assessed would be those properties located along both Hinton Avenue and 65 Street. Hedberg further explained that the work is being completed in two phases, the County Road 13 project that includes 65 Street and Hinton Avenue, south of 65 Street, and Hinton Avenue, north of 65 Street. He stated that the improvements for 65 Street were completed along with the improvements to Hinton Avenue, south of 65 Street. Hedberg reviewed the costs noting that the City's share of the first contract includes construction costs for the 65 Street portion, storm sewer improvements, and bypass /turn lanes. He reviewed the County costs for engineering and contract administration noting that there is additional right -of -way costs based on the original engineer's estimate. Hedberg stated that the County believes that the right -of -way costs could be higher noting that the City could be responsible for 55% of the increased right -of -way costs. Any additional costs incurred, over and above the original estimate to acquire the right -of -way would be included in the assessment amounts. Hedberg reviewed the Turnback Agreement with Council noting that portions of the agreement identify areas along 65 that would be turned back to the City. He stated that for portions turned back, the County would perform seal coating and minor maintenance repairs before the turn back with no direct cost to Cottage Grove. He explained that one of the conditions of the turnback was that the County project for constructing Hinton Avenue must be awarded and noted that there would be cost sharing by the City. Hedberg stated that the turnback was to occur by December 31 but probably would not take place until the total project is completed north of 65 He stated that the Council would address the bid process of Hinton Avenue, north of 65 and would address the turnback schedule. The assessments being considered for the improvements along 65 Street are considered Phase 1 of this project. The County is presently in the bid process for Phase Il. Hedberg stated that the project is substantially completed. He explained that 'substantially complete' this has never been defined noting however that in the past it has meant that the road improvements are nearly complete and the roads are in a usable state. He reviewed the progress of the project with Council stating that the road is paved; the signs would come down this week; the sod is complete on the east side; grading on the west side is done and they plan to seed yet this fall. Regular Meeting — October 15, 2003 Cottage Grove City Council Page 9 Hedberg reviewed the proposed assessment roll for the properties abutting Hinton south of 65 and the properties benefiting along 65` Street with Council. He stated that the total amount of the assessment roll is $374,239 noting that all but $98,521 of the assessment is recommended for deferral. Hedberg stated that the formula that was used follows the pavement management assessment policy that has been used for developing properties noting that the calculations are similar to that used for churches in pavement management districts. Hedberg explained that by using this calculation they were trying to develop a rural friendly policy for the undeveloped property within the MUSA. He reviewed the calculation process with Council stating that Staff reviewed recent sales in the area to determine the average home value within the West Draw. He stated that the computed assessment would be 2 percent of the average value multiplied by the number of whole lots. He stated that Staff is recommending that each parcel be assessed one unit with the remaining units deferred, pending agreement of the property owner or until such time that the property is developed. He stated that the assessments for the future commercial area are calculated on the commercial pavement management assessment rate of 3 percent times the value of the property. Hedberg stated that staff is proposing that the charges for any unit beyond the first unit be contained in a deferred charge agreement that would be offered to the property owner. He stated that a deferral agreement was sent to each residential property owner noting that the content of the deferral agreement is consistent with what was presented in May at the Public Improvement Hearing. Hedberg stated that charges for additional lots would be deferred until the property is developed. He stated that the deferred charge agreement would be recorded and could be transferred to a new property owner and would remain in a deferred status until the property is developed. He stated that in signing the agreement the property owner would waive their right to appeal the assessment. Finance Director Hedberg explained that interest would accrue each year at a simple interest rate of 7 percent. He stated that the notices were sent to each property owner last week and that Staff is recommending adoption of the assessment roll as presented unless the property owners submit the deferral agreement, which then the assessment for the parcel would be reduced to the amount included in the deferral agreement. Mayor Shiely opened the Public Hearing at 7:57 p.m. David Larson, attorney representing Dan and Carol Kemp who resides at 7489 65 Street South, stated that Mr. Kemp worked 36 years for the City of Cottage Grove in the Public Works Department. He stated that his client has submitted their objections in writing and are present. He provided Council with copies of the Kemp's letter of objection for their review. Finance Director Hedberg acknowledged receipt of the Kemps letter stating that a copy of the letter was included in the packet material provided to Council. Mr. Larson stated that the $142,000 assessment amount for the Kemps is extremely high noting that the street and utility improvements do not improve the actual market value of their property to where it would equal the amount that the Kemps are being assessed. He stated that the Kemps are very willing to pay the assessments due based on the special benefit they Regular Meeting — October 15, 2003 Cottage Grove City Council Page 10 receive from the street and utilities improvements that would increase the actual market value to their property. He stated that the Kemps are in the process of having their property appraised noting that competent Real Estate Agents would determine the actual market value. Mr. Larson reviewed his figures with Council noting that the objection to the assessment amount is based on their understanding of the Minnesota Laws. He explained that based on his understanding of the assessment calculations, in addition to the accrual of annual interest on the deferred portion at a rate of 7 percent annually, it would appear that someone has made the determination that the Kemps property is worth more than $7 million dollars. He stated that their property is definitely not worth that much adding that the interest alone would cost the Kemps in excess of $10,000 per year. He stated that this is a pretty hefty amount considering his clients are actually earning less than 2 percent on their investments. He stated that the Kemps do not intend to sell their property and that they would like to continue enjoying their property, as it is, for many more years. He asked the City Council to give consideration to spreading the assessment out longer than the 15 years stating that a longer period of time would be much easier for the Kemps to financially afford. Council Member Wolcott stated he was having a difficult time following his figures and asked for clarification on how they arrived at the amount. Mayor Shiely asked Mr. Kemp how many acres they own. Mr. Kemp stated that they own approximately 37 acres of land. Council Member Rice noted that Mr. Kemp's property benefits to approximately a quarter mile of the frontage improvement adding that the assessment amount seems to be reasonable. He stated that they have a deferment agreement and reviewed with Mr. Larson. Mr. Larson acknowledged the deferment agreement stating that the annual 7 percent interest on $142,000 is very high. Finance Director Hedberg referenced the 7 percent stating that this is the standard interest rate used by the City for several years. Council Member Wolcott confirmed that the City has used this process and interest rate for at least ten years. He also noted as a reference that a line of credit is 4 percent and a home equity loan can be obtained for 15 years at 8 percent. Doug Sachs, 7550 65 Street South, stated that he is hopeful that the City Council would make a fair decision on the assessments for the citizens along 65 Street. He acknowledged that 2 percent based on the value of one homestead is a very fair price to pay. He noted that all of the residents along 65 Street are paying assessments for one home whereas he is being assessed for two homes even though he only has one home. He referenced Mr. Kemp stating that the Kemps are being assessed for 15 homes when they only have one. He suggested that a fair way to assess the residents would be to base the 2 percent on existing homes and charge an additional assessment fee for each new home when they are actually developed. He stated that it is very difficult to accept the concept of being assessed for a phantom home that does not exist noting that his assessment doesn't seem so bad when he Regular Meeting — October 15, 2003 Cottage Grove City Council Page 11 considers that five of the other residents are being hit pretty hard in comparison. He asked the Council to consider all issues carefully before making their decision. Mayor Shiely acknowledged Mr. Sachs concerns noting that if they were in Woodbury they would not have an option to defer. She explained that the concept for the deferral program is based on the fact that the City does not want to force the residents to sell their property to a developer. She reviewed the deferral program with Mr. Sachs stating that should the property be sold in the future that the potential development possibilities of this area would enhance the value of his property. She suggested, as an option, that to be really fair to the rest of Cottage Grove, that the land owners, who do not plan to develop their land, place their intent in writing and donate their property to the City Land Trust. City Attorney Thomson further clarified the process stating that it would not take a long period of time to get this done. She explained that a restriction of this type, based on Minnesota law, would be a maximum timeframe of 30 years and after 30 years the property could then be subdivided and sold. Mary Dahlin, 7530 65 Street South, stated that she has reviewed the agreement for payment and has several questions. She referenced page 2, item 3, and asked what the benefits would be to them. Finance Director Hedberg reviewed the benefits of the road improvements with Ms. Dahlin. City Attorney Thomson clarified that if they sign the agreement they are stating that the market value of their property is increased by the amount stated in the deferral adding that if they do not sign document, and the City moves forward with the assessment, it is the City's position that the property value would be increased from this project in the amount stated. Ms. Dahlin asked for clarification on how it increases their property value. Mayor Shiely explained that the Pavement Management Task Force used their own appraisers and that it was the considered opinion of the appraisers that the road in front of the houses along 65 improves their value by 3 percent. Ms Dahlin asked what the yellow lines in front of her driveway mean. She expressed concerns that she is making illegal turns into her driveway. Public Works Director Burshten stated that they would review the area and update her on what the yellow lines are for. Ms. Dahlin noted that the deadline for response is set for October 17, 2003. She requested a delay stating that her husband is currently dealing with a death in the family and has not had an opportunity to focus on understanding the agreement. Mayor Shiely acknowledged her request and suggested October 24, 2003. Ms. Dahlin referenced the extension of Hinton north and asked who would be responsible for paying for the extension. Finance Director Hedberg explained that the assessments would be divided between the two US Home parcels. Alice Young, 7930 65` Street South, stated that she has written and addressed the Council on this issue several times. She stated that it was her understanding that the reason 65th Regular Meeting — October 15, 2003 Cottage Grove City Council Page 12 Street was upgraded, per City Council, was to facilitate the intersection of 65 and Hinton, not improve or increase the value of her property. She acknowledged that the improvements would be nice once they are completed. She acknowledged Mr. Kemp's concerns noting her surprise when she realized she was being assessed based on $1 million dollars for her property. She protested the application of an annual 7 percent interest charge on a house that doesn't exist. She agreed that the assessments should be done noting that the process that is being used is setting a precedent in how the City is assessing current single - family homes. She further stated that US Homes is a developer with the intent to build future homes adding that they did not purchase their property with the intent to develop. She stated that the only reason assessments were made on their property is because they have a driveway on 65 Street. She noted that any additional homes that could be built on her property would not be able to have a driveway on 65 Street yet she is being assessed just the same. She reviewed the access points with the Council. Mayor Shiely acknowledged Ms. Young's concerns and clarified that none of the pavement management is done to add value to the homes that run through the area. Ms. Young expressed her appreciation that the City Council is trying to come up with an option that would be workable for the landowners in the area. She explained that placing an assessment value on a nonexistent home rubbed her the wrong way noting that she does not have a problem with paying her fair share on her existing home. Council Member Grossklaus asked Ms. Young if she has any idea what her property is actually worth. Ms. Young explained that she would prefer not to respond, as she is not sure of the value. Mayor Shiely closed the Public Hearing at 8:31 p.m. Council Member Grossklaus expressed his concerns stating that he is confused on certain issues and is having difficulties with the assessments and the process. He stated that all of the properties along Hinton are backyard areas that abut the road. He expressed concerns that the City is not valuing their homeowners and he encouraged the City to take the residents into consideration when assessing the area. He stated that the improvements are a benefit for all of Cottage Grove. He stated that at this point the developer is more likely to benefit from this, not the property owner. Council Member Wolcott acknowledged the concerns stating that the assessment process dates back approximately ten years when the Pavement Management Task Force was put into place to study this issue. He explained that part of the reason for the task force and study was because the roads were beginning to fall apart. He stated that tests were done to determine the condition of the roads throughout the entire city and that the Task Force developed a plan to address the improvements. He stated that one of their biggest issues was the assessment policy and he provided an overview of the options considered with the residents. He explained that the assessment policy came about based on several discussions that included open house discussions and it was decided that the assessment would be 100% of what it would cost to do the construction. He noted that it was determined Regular Meeting — October 15, 2003 Cottage Grove City Council Page 13 that they could not justify assessing the value of the homes by more than 3 percent. He clarified that the assessment policy is 2 percent for total reconstruction and 1 % for a mill and overlay. He further explained that the reconstruction costs would be divided by the number of homes along the construction area noting that due to the sandy soil in Cottage Grove the roads have lasted longer than normal. Public Works Director Burshten confirmed stating that the Pavement Management Task Force had actually recommended a higher dollar amount at the time and the City Council insisted on 2 percent. He reviewed the criteria used to determine the types of construction with Council. Council Member Kohls expressed her concerns and reviewed her objections to the assessment with Council. She stated that there are differences in the assessments within various developments and provided the Council with several examples including Thompson Grove. She asked if the deferral would be for a 15 -year period of time. Finance Director Hedberg clarified that the assessment would be deferred until the property is developed. City Attorney Thomson further clarified stating that the restrictions imposed on the property would terminate after 30 years by operation of the law. Council Member Kohls noted that this is the first time they have used this calculation for assessments and reviewed her understanding of the process with Council. She expressed her discomfort with the proposed assessment formula and asked if the phantom homes are covered under pavement management. Finance Director Hedberg confirmed that this is the first area, within the MUSA, that would be assessed based on potentially developable land. Council Member Kohls explained that her biggest concern with this assessment process is that without assurances now, the next time the City sees an opportunity for easy money, the next City Council could choose not to defer it. She expressed concerns stating that they are setting a precedent with no directional signs. She asked that something be placed in writing stating that in the future there would always be an opportunity for deferral. She stated that she would be more comfortable with the assessment if this would be included. She explained that based on the current calculation of the assessments she would vote no on the resolution. Mayor Shiely stated that the philosophy and calculation process used for churches is the same process discussed for rural properties. She stated that it is conceivable that a church could sell their property or move, which could open the property to being developed with three to four homes on the property. She stated that the pavement management project is almost done noting that one of the most difficult tasks was to keep it fair for everyone. She asked the Council, if they vote to adopt the assessment, would the Council be willing to direct the Finance Director to attach an extension of time to the resolution of the assessment roll, extending the response deadline from October 17, 2003 to October 24, 2003. MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE AN EXTENSION OF RESPONSE DEADLINE OF THE SIGNED DEFERMENT AGREEMENT TO BE NO LATER Regular Meeting — October 15, 2003 Cottage Grove City Council Page 14 THAN FRIDAY, OCTOBER 24,2003,4:30 P.M. AT END OF BUSINESS DAY. MOTION CARRIED 3 -2 (2 NAYS - GROSSKLAUS AND KOHLS) City Attorney Thomson reviewed the assessment rolls and options with Council. She explained that they would have to show two columns, one showing the assessment and one showing the deferment. She further explained that the option would be to adopt the totals shown with the adjustments for those properties that submit the signed Deferment Agreement. MOTION BY RICE, SECONDED BY WOLCOTT, TO ADOPT RESOLUTION NO. 03 -248, A RESOLUTION ADOPTING ASSESSMENTS FOR THE COUNTY ROAD 13 (65 STREET AND HINTON AVENUE SOUTH OF 65 STREET) ROAD IMPROVEMENT PROJECT COUNTY PROJECTS SAP 82- 613 -20 AND 82- 020 -03. MOTION CARRIED 3 -2 (2 NAYS - GROSSKLAUS AND KOHLS). D. 1. Conduct a Public Hearing Considering the Assessment for the Thompson Grove 2003 Pavement Management Reconstruction Project Finance Director Hedberg stated that the Thompson Grove Pavement Management Project began in 2002 and the bid was to be completed over a two -year timeframe. He reviewed the process stating that the first phase was assessed in 2002 for the streets that were substantially completed in 2002. The second and final phase is for the remainder of the streets noting that they are also substantially completed. Hedberg explained that the 2003 assessments are included on two assessment rolls. The first roll is for the parcels in the reconstruction area and the second roll is for the properties in the mill and overlay area. He stated that per the City Engineer, both the reconstruction and the mill and overlay areas are substantially complete. He noted that the Cottage Square Mall had a portion of the street in both projects and that assessment is included on the mill and overlay assessment roll, calculated at both rates. He stated that for the 2003 assessments, the market values used are the total estimated market value as of January 1, 2002 payable 2003, as determined by the County Assessor. He noted that this is the same process used in the past. Hedberg reviewed the cost breakdown for construction with the Council noting that the amount assessed in 2002 and 2003 for commercial and residential properties represents approximately 36 percent of the project costs. He explained that the remainder of the costs not covered by the assessments would come from other sources and also a property tax levy over the next 15 years. He stated that the project would be funded by several sources including the assessments, MSA Funding, the Street Light Utility Fund, a charge to St. Paul Park and the remainder would become a property tax levy spread over 15 years. He explained that the reconstruction is capped at 2 percent and the mill and overlay is capped at 1.5 percent for residential areas. He further explained that the commercial areas would be capped at 3 percent. He stated that the assessment payments would begin with the May property tax statement with the second half due in October. He noted that the monthly payments would be adjusted once they determine the final assessment amounts. He stated that assessments paid in full within 30 days would not be charged interest adding that if the assessments are paid after the 30 days the interest would accrue based on the date, Regular Meeting — October 15, 2003 Cottage Grove City Council Page 15 October 15, 2003. He reviewed the deferral policy with Council stating that if anyone is interested in requesting a deferral they can contact the Finance Director for further information. He noted that the appeal process requires that a written objection must be filed no later than this evening for consideration. Mayor Shiely opened the Public Hearing at 9:04 p.m. David Axtmann, 8934 Grenadier Avenue South, stated that he is part of the Phase II portion of the project. He explained that his biggest concern and question is why the assessment was billed based on the 2003 estimated property value when the total contract was on a fixed bid that was given in April 2002. He noted that while reviewing the cost information he was informed that the policy was determined and had been in use since 1994. He stated that there is a significant difference with a large increase in costs between the assessment for 2002 and 2003. He stated that he reviewed the 1994 policy to try to understand the comparisons noting that during that time period the cost difference in a one -year period was 4.5 %, which is considerably different today. He suggested that Council consider re- evaluating the policy stating that they are following an old policy that does not take into consideration the changes that have occurred over the years. David Stapf, 8608 Grenadier Avenue South, asked why he has neighbors with assessments that are less than his when there is no difference between the properties. He expressed concerns stating that he is a senior citizen living on a fixed income and is now concerned about his ability to afford the payments. He expressed frustration stating that he is on the same size lot as several neighbors who are being assessed less. He stated that he has not had any direct improvements to his property and asked what they used to determine the assessment. Mayor Shiely explained that the County has their own appraisers performing the evaluation of properties stating that the City has no control or involvement in the process. Council Member Rice agreed and suggested that Mr. Stapf contact the County and request a re- evaluation of his property. Henry Sullwold, 8622 Grenadier Avenue South, stated that he understands the 2 percent based on market value. He stated that he recently had his home appraised and based on the appraisal, his assessment amount is over the 2 percent. Several of the residents on Grenadier did not receive new sewer or gas noting that they are still paying the same as someone who did receive it. He expressed his frustration stating that everyone should be assessed based on the current market value within the same year. Mayor Shiely asked if the residents who did receive new sewer and gas were assessed separately. Finance Director Hedberg stated that the utilities were not part of the project noting that some residents did opt to have the sewer brought directly to their home during the course of the project. Mr. Sullwold acknowledged that they did have the option adding that they chose not to because they were not experiencing any problems with the current system. He further stated that to his knowledge his street did not receive new sanitary. Regular Meeting — October 15, 2003 Cottage Grove City Council Page 16 City Engineer Tom Thompson explained that the storm sewer pipe was only installed in areas where they were having issues. He stated that this portion is broken out throughout the project and that the City is picking up the costs. Mayor Shiely agreed that there is a big difference between what the County and the Appraiser say with respect to home values. She agreed with the suggestion that Mr. Sullwold should have his property reassessed. Council Member Kohls referenced the new storm sewer and asked if everyone is being assessed the same whether they received the new storm sewer or not in their area. Mr. Sullwold noted that he has a section with a dip and asked them to come out and redo the driveway. Public Works Director Burshten stated that he would have someone come out and check the area. Eldridge Schafer, 8814 Hale Avenue South, stated that the 2 percent is fine adding that he recently had his home reassessed and asked why he had to go into another year with assessments. Finance Director Hedberg explained that they bid the project together and issued two sets of improvement bonds to pay for the project. He reviewed the process noting that past practice has been to use the total market value of house when project is completed. Mr. Schafer stated that everyone should be assessed according to his or her market value in the same year. Finance Director Hedberg clarified that the residents who were assessed last year had to start paying last year. Mayor Shiely clarified that she is hearing many say that the main issue is the valuation, the fact that the amounts jumped significantly, and that they believe they should pay on the previous year assessments that are due in 2003. Mary Burg, 8594 Grenadier Avenue South, stated that she has been a resident of Cottage Grove for over 20 years and that in all those years the taxes on their home has never jumped this much. She stated there have been no improvements to their home to justify the increase. She asked why the home values jumped so high and asked why one side of the street received new gas meters and the other did not. She reviewed her understanding of the charges adding that they did not receive new fire hydrants, no new lighting, no new storm sewers, noting that she had discussed this issue with Chad Quigley, Project Manager for Thompson Grove Pavement Management Project. She explained that Mr. Quigley told them that they did not need them. She asked how they determined that one block did need them and another did not. She referenced the bad grass that is being planted to replace sod in the area noting that it is full of weeds. She stated that the bad grass had added additional expense to her and her neighbors because they have had to put time into removing crab grass in addition to extra fertilizers and water in an effort to improve the grass. She suggested that the Council review their process noting that many of the residents are very unhappy. Regular Meeting — October 15, 2003 Cottage Grove City Council Page 17 Finance Director Hedberg clarified the payment process noting that that if they do not pay by November 15 that it would be spread onto their property taxes. He explained that the first year installment would appear on the 2004 statement adding that the remaining balance could be paid, without interest, anytime during 2004 through November 15, 2004. City Attorney Thomson clarified that State law mandates the way interest is calculated and collected and reviewed the process with Council. She stated that they would have to make full payment by Nov 15, if not the County would collect adding that they could make payment anytime during the subsequent year. Nancy Lembke, 7000 70 Street South, stated that she has discussed her concerns with her family noting that there are several things about the assessment that she does not understand. She stated that she does not understand the senior deferment process and has not filed a request yet and asked if it had to be filed tonight. Finance Director Hedberg clarified that a senior deferment request does not have to be filed by tonight. He reviewed the senior deferment process with Council adding that the deferment request could be signed anytime between now and November 15, 2003. Steve Anderson, 8707 Grospoint Avenue South, expressed concerns stating that he was hurt in Iraq in 1994 and is now a 100 percent disabled vet, unable to work, living on a fixed income. He stated that he barely makes enough to make his house payments and now has to be concerned with deferred tax payments that he cannot afford. He stated that he has discussed his concerns with Finance Director Hedberg and asked about the possibility of receiving a disability deferment. He asked what would happen to the individuals who could not make the payments. He stated that he wished there was some way to discuss his concerns adding that he intends to appeal the assessment. He stated that he is aware of people who are living on corner lots that are paying significantly less than he is for his lot located in the center of the block. He asked the Council to carefully consider all concerns and issues. Council Member Kohls asked if Mr. Anderson would need to forward a written appeal or would his statement be enough. Finance Director Hedberg clarified that his appeal has to be submitted in writing. City Attorney Thomson confirmed that his appeal has to be submitted in writing. Mayor Shiely clarified that they are dealing with County evaluations and that the City has no idea or control over the set amounts. Roger Rooney, 8621 Grospoint Avenue South, asked if it was a single contract for two -year period and was the sub contract sold. He asked why the same assessment wasn't used across the board. Chad Quigley, Project Manager for Thompson Grove, explained that the contract was split between 2002 and 2003. Mr. Rooney noted that he has done this kind of work in the past adding that he does not agree with the 20% difference in the assessments. Mayor Shiely closed the Public Hearing at 9:42 p.m. Regular Meeting — October 15, 2003 Cottage Grove City Council Page 18 Mayor Shiely asked what the general average percentage increases have been since the pavement management project began. Finance Director Hedberg explained that the average for this year was 16% noting that the County Assessor follows the State statute to determine property values. He provided an overview of the process to Council. Mayor Shiely asked if they could get the market values for last year. Finance Director Hedberg stated he could get a report that would include the numbers from the County. Council Member Kohls asked when the contract was approved for both phases. City Engineer Thompson stated that the project went out for bid and was awarded April 2002. He explained that it is a unit priced contract that is broken out in two years, 2002 -2003. Council Member Kohis clarified that they knew that they had the 2003 costs. City Engineer Thompson confirmed that they had the estimated costs for 2003. Council Member Kohls asked what the overrun is for the project. Mr. Quigley explained that they do not have all of the numbers available noting that the bid was little over $7 billion dollars spread over a two -year period. Council Member Kohls expressed concerns stating that she can truly understand the residents concerns. She stated that she is trying to understand the entire contract issue. Public Works Director Burshten clarified that they are being assessed 2 percent based on the property market value. He explained that the decision was made to break the project into a two -year project because they realized the work could not be done in one year and that their area was last on the list to be done because of the way the storm sewer system was set up. He further explained that the bid process was done this way because the City felt they could get a better price for the bid. He clarified that the residents are not being assessed on the cost of the project, they are being assessed on their property value. Mayor Shiely asked Finance Director Hedberg how they determined the percentage and the home value. Finance Director Hedberg explained that they did not know the values so they took the 2001 value and added 10 percent. He clarified that they did not have any information from the County. Mayor Shiely called a ten - minute break at 9:55 p.m. Mayor Shiely called the meeting back to order at 10:05 p.m. Finance Director Hedberg reviewed the costs stating that $217,000 would make up the assessments for the project. He explained that the project would pay the same for both years. Council Member Wolcott reviewed his understanding noting that it would be $519 more than last year. Finance Director Hedberg stated that the total project cost is approximately the same but the average is based on fewer homes that are being assessed. Regular Meeting — October 15, 2003 Cottage Grove City Council Page 19 Council Member Kohls noted that it was explained, knowing the number of homes involved, that when they figured the bonds to finance the project they had figured in an additional 10 percent increase to the property value and asked for further clarification. Finance Director Hedberg clarified that they did not know the current values and used the 2001 value plus an additional 10 percent as an estimated increase for the values. He stated that there is no windfall here for the City adding that the City has to pay two bond issues, on through assessments and the other through property taxes. Council Member Rice expressed concerns noting that this process has not been done before and that he is concerned about the road they take with respect to capping at 10 percent and less than 16 percent and spreading the remaining cost over the taxpayers. He expressed concerns that they would have this problem for the next three to four years, trying to play catch up on the property values. Finance Director Hedberg agreed stating that he is not aware of any homes in the area that have recently sold for less than $165,000 adding that there would definitely be some catch up going on, trying to catch up in the market valuations. City Administrator Schroeder noted that much of the discussion has centered on several issues that question whether the City made good decisions or not. He stated that one question to consider is what would be fair in a policy perspective and the taxpayers in addition to past and future home valuations. He noted that another question is what the impact would be to the Pavement Management Policy. He stated that he is not sure of the consequences if they vary from the original policies noting that at the public improvement hearing residents were told that the assessment policy would be recommended. He stated that the City paid an average of $6,782.00 for every household for the improvement. He stated that Council must be comfortable with the assessments levied adding that out of the $6,782.00 the cost for this organization would be $2,771.00 or approximately 40 percent. He stated that the taxpayers would pick up the balance. He encouraged the Council stating that if they are comfortable with the assessment amount that they should continue to follow the policy that the homeowners have been informed of adding that this would also reflect that the Council has been following the same policy for the last ten years. He explained that this is the last year of the current project and that they do not expect another Pavement Management Project for at least two to three more years. He stated that they would be going astray from the existing policy if they start to cap the percentages. He stated that the Council has discussed the fairness of the assessment adding that this is the policy they have used in the past and they do not want to change the process at this time. Mayor Shiely acknowledged that the Committee, formed ten years ago, probably assumed an annual increase stating that it would be impossible to know the actual increase for sure. Council Member Kohls asked if these people have benefited $500 more than those assessed last year. She acknowledged that it was stated that they cannot change the policy midstream and referenced the changes in the previous hearing. She stated that it would be fair to split the difference between 10 percent and the 16.5 percent, which would be approximately 3 percent over those who were assessed last year. Regular Meeting — October 15, 2003 Cottage Grove City Council Page 20 Council Member Grossklaus acknowledged the concerns expressed by the residents and noted that the County Assessor is trying to catch up on the market valuations. He stated that his taxes will go up along with the rest adding that they must consider what is financially best for all. He stated that unless they change the policy drastically over the next three years the City would not control the percentage of increase. MOTION BY RICE, SECONDED BY WOLCOTT, TO ADOPT RESOLUTION NO. 03 -249 A RESOLUTION ADOPTING ASSESSMENTS FOR THE THOMPSON GROVE 2003 PAVEMENT RECONSTRUCTION PROJECT. MOTION CARRIED 4 -1 (1 NAY- KOHLS). 2. Conduct Public Hearing Considering the Assessment for the Thompson Grove 2003 Pavement Management Mill and Overlay Project. Mayor Shiely opened the Public Hearing at 10:22 p.m Mayor Shiely closed the Public Hearing at 10:23 p.m. Council Member Wolcott clarified that the total reconstruction was 2 percent. City Engineer Thompson clarified they did a pure mill and overlay. Council Member Wolcott stated that he is having trouble with the figures adding that this should be capped at the 1 percent mill and overlay cost. Mr. Quigley clarified that there was some curb and gutter replacements and that it was a two -inch mill and overlay project. Council Member Kohls asked if the calculations were made based on 1.25 %. Council Member Wolcott stated that per policy this should be at 1 percent. Finance Director Hedberg stated that the amounts would be lowered by .25 percent. He stated that they would send out a letter outlining what action the Council has taken on this assessment and that it would also include clarification of the payment and deferral process. MOTION BY RICE, SECONDED BY SHIELY, TO ADOPT RESOLUTION NO. 03 -250 A RESOLUTION ADOPTING ASSESSMENTS FOR THE THOMPSON GROVE 2003 PAVEMENT MANAGEMENT MILL AND OVERLAY PROJECT TO BE CAPPED AT 1 %. MOTION CARRIED 4 -1 (1 NAY- KOHLS). BID AWARDS A. Consider Awarding the Bid for the Deep Well No. 11 Project to Kevs Well Drilling Company. MOTION BY WOLCOTT, SECONDED BY GROSSKLAUS, TO ADOPT RESOLUTION NO. 03 -251 A RESOLUTION AWARDING BID FOR THE DEEP WELL NO. 11 PROJECT TO KEYS WELL DRILLING COMPANY FOR $189,625. MOTION CARRIED 5 -0. Regular Meeting — October 15, 2003 Cottage Grove City Council Page 21 UNFINISHED AND NEW BUSINESS A. Consider Authorizing the Advisory Committee on Historic Preservation (ACHP) to Develop an Historic Plagues Pilot Program for Installation in 2004 With an Initial Expenditure Limit by the City Limited to $1000.00. MOTION BY KOHLS, SECONDED BY SHIELY, TO AUTHORIZE THE ADVISORY COMMITTEE ON HISTORIC PRESERVATION (ACHP) TO DEVELOP AN HISTORIC PLAQUES PILOT PROGRAM FOR INSTALLATION IN 2004, WITH AN INITIAL EXPENDITURE BY THE CITY LIMITED TO $1000.00 FUNDED BY THE 2003 -2004 HISTORIC PRESERVATION SPECIAL EVENT FUND. MOTION CARRIED 5 -0. :1 and Setting a Hearing Date. or Receive and Place on File the Final Decision of the Board of Zoning Appeals. Mayor Shiely stated that the Planning Commission decided on an 8 -1 vote to adopt the resolution denying the appeal, which supports the violation and allows them to proceed with enforcement. Council Member Kohls asked how many trailers are located on the property now. Senior Planner McCool stated that at one point in time there was a total of 73 trailers and that as of today there are 29. He reviewed the issues with the Council stating that they have discussed their concerns with the City Attorney. He explained that it would take up to 30 days to achieve the goal of 20 trailers for storage of the equipment for their business. Mayor Shiely discussed the nonconforming uses noting that they have asked the property owner to review other areas and properties. She stated that this is a nonconforming use and she is in favor of placing on file that they are in violation of the conditional use permit. MOTION BY WOLCOTT, SECONDED BY SHIELY, TO RECEIVE AND PLACE ON FILE THE FINAL DECISION OF THE BOARD OF ZONING APPEAL. MOTION CARRIED 5 -0. C. Consider a Variance to Setback Requirements to Allow a Shed to be Located 5.5 Feet from the Rear Property Line when 10 Feet is Required and 5.5 Feet from the Side Property Line when 6 Feet is Required at 7733 Inskip Trail South. Mayor Shiely stated that Staff is recommending denial of the variance adding that the Planning Commission unanimously recommended granting the variance. Senior Planner McCool stated that upon inspection of the property it was discovered that there was asbestos. Council Member Kohis stated that this is one of their most beautiful properties in Cottage Grove. She explained that she has visited the area and commended the residents for their Regular Meeting — October 15, 2003 Cottage Grove City Council Page 22 hard work in creating such a beautiful yard. She stated that they have been written up in national magazines for their beautiful work and to have the corners of the small shed be a bit over is not a big deal and recommended allowing the variance. Council Member Rice commended the owners for their hard work adding that they would not receive any future building permits. Council Member Wolcott asked Mr. Voita if he had applied for a permit. Mr. Voita confirmed that he had and reviewed the application with Council. MOTION BY KOHLS, SECONDED BY WOLCOTT, TO ADOPT RESOLUTION NO. 03 -252 A RESOLUTION GRANTING A VARIANCE FROM TITLE 11 -3 -3C, ACCESSORY STRUCTURE SETBACKS, TO ALLOW CONSTRUCTION OF A 240 SQUARE FOOT ACCESSORY STRUCTURE 5.5 FEET FROM THE SIDE PROPERTY LINE WHEN 6 FEET IS REQUIRED AND 5.5 FEET FROM THE REAR PROPERTY LINE WHEN 10 FEET IS REQUIRED AT 7733 INSKIP TRAIL SOUTH. MOTION CARRIED 5 -0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS NONE. COUNCIL COMMENTS AND REQUESTS Mayor Shiely stated that she would like to acknowledge the phone calls she had received commending them for the work done on Hadley Avenue. She stated that the feedback is that they think the area is beautiful and appreciates the work that has been done. She stated that she would also like to ask that they monitor the speed on Hadley Avenue. She stated that they would like to discourage use of Hadley as a throughway while that area is being developed. Council Member Grossklaus asked if there is any references included in the annual report that clarifies the time of year and when a resident needs a building permit. City Administrator Schroeder stated that they included this information in the past adding that they could include it again this year. PAY BILLS MOTION BY RICE, SECONDED BY WOLCOTT, TO APPROVE PAYMENT OF CHECK NUMBERS 131429 THROUGH 131638 TOTALING $2,334,769.04. (CHECKS 131429 — 131466 IN THE AMOUNT OF $146,754.35 ISSUED PRIOR TO COUNCIL APPROVAL.) MOTION CARRIED 5 -0. WORKSHOP SESSION — OPEN A. Cancelled — Rescheduled for October 22 2003 2004 Operating Budget and 2004 Preliminary Property Tax Levy Regular Meeting — October 15, 2003 Cottage Grove City Council Page 23 WORKSHOP SESSION — CLOSED NONE. ADJOURNMENT MOTION BY KOHLS, SECONDED BY GROSSKLAUS, TO ADJOURN THE MEETING AT 10:44 P.M. MOTION CARRIED 5 -0. Respectfully submitted, Bonita Sullivan TimeSaver Off Site Secretarial, Inc.