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HomeMy WebLinkAbout2004-11-03 MINUTESREGULAR MEETING oRaFr COTTAGE GROVE CITY COUNCIL November 3, 2004 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 Howard Blin, Community Development Director Jennifer Levitt, City Engineer John Mickelson, Public Safety Director Les Burshten, Public Works Director Corrine Thomson, City Attorney No one stepped forward to speak during Open Forum. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, November 3, 2004, at the Cottage Grove City Hall, 7516 80` Street South. Mayor Sandy Shiely called the meeting to order at 730 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 Howard Blin, Community Development Director Jennifer Levitt, City Engineer John Mickelson, Director Public Safety Les Burshten, Public Works Director Corrine Thomson, City Attorney Regular Meeting — November 3, 2004 Cottage Grove City Council Page 2 Mayor Shiely presided over the meeting. ADOPTION OF AGENDA MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED 5-0. APPOINTMENTS AND PRESENTATIONS A. PRESENTATIONS NONE B. APPOINTMENTS NONE APPROVAL OF MINUTES A. August 4, 2004 Special Meeting Mayor Shiely stated the minutes stand approved as presented. B. August 11, 2004 Regular Meeting Mayor Shiely stated the minutes stand approved as presented. CONSENT CALENDAR Council Member Kohls asked to pull Item 4J, Change Order #1 for Well Pump #4. She referenced the letter from Bonestroo, included with the packet, stating that she does not understand what happened with the project and asked for clarification. She reviewed the letter with Council stating that the age of the replacement parts in question were a concern but not included in the original estimate for the work on the Well Pump and asked why this was not considered or included in the original proposal. Public Works Director Burshten clarified that the motor and bowl replacements are included in the original request. He explained that they are submersible parts adding that it is a true unknown and they can never be sure of the condition unti� they can be removed from the ground and inspected. He further explained that they inspected the motor to determine whether they should send it out for a rebuild or replace it completely. The motor is 42 years old and the pump is 28 years old, noting that both have outlived their life expectancy. Burshten stated that it was recommended, during repairs done in 1990, that the bowl and motor be replaced during the next repair. Council Member Kohls acknowledged the age of the parts and agreed that both have outlived their life expectancy. She stated that this should have been considered in the original proposal Regular Meeting — November 3, 2004 Cottage Grove City Council Page 3 and costs for the replacement should have been included up front. She stated that she would prefer to see all costs up front versus change orders requesting additional dollars to a project. Public Works Director Burshten agreed stating that the true cost for replacement or rebuild is determined at inspection and reviewed the process with Council. He stated that Staff received several bids for the repair and provided Council with an overview of the bids. Council Member Rice asked to pull Item 4D, a variance request to all an accessory structure setback to allow the structure to encroach within a 10-foot drainage and utility easement. He expressed concerns noting that a couple items have been before the Council in the recent past where residents have constructed things without the appropriate permits, get caught and come back to Council, requesting variances under the premise that they were not aware of the need for a permit. He reviewed the request with Council noting that the Planning Commission has unanimously recommended approval. He clarified that the fee is currently double the standard permit fee and suggested that Council consider a stricter fee for not following the rules. He asked to have Staff review and give consideration to stricter fee for future requests. MOTION BY RICE, SECONDED BY KOHLS, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: i. PLANNING COMMISSION OF SEPTEMBER 25, 2004. B. ADOPT RESOLUTION NO. 04-206 RESOLUTION FOR APPROVAL OF THE WETLAND CONSERVATION ACT PERMIT FOR THE GREY CLOUD ISLAND ACCESS IMPROVEMENTS MADE THIS 3 RD DAY OF NOVEMBER, 2004, BY THE CITY OF COTTAGE GROVE AS THE LOCAL GOVERNMENT UNIT ADMINISTERING THE WETLAND CONSERVATION ACT. C. APPROVE SUPPLEMENTAL AGREEMENTS NO. 2, NO. 3 AND CHANGE ORDER NO. 7 FOR THE HARDWOOD AVENUE PROJECT. D. ADOPT RESOLUTION NO. 04207 RESOLUTION GRANTING A VARIANCE FROM TITLE 11-3-3C, ACCESSORY STRUCTURE SETBACKS, TO ALLOW AN ACCESSORY STRUCTURE TO BE LOCATED 6 FEET 8 INCHDES FROM THE REAR PROPERTY LINE WHEN 10 FEET IS REQUIRED, AND TO TITLE 11-3-4E, ENCROACHMENT OVER EASEMENTS, TO ALLOW THE STRUCTURE TO ENCROACH WITHIN A 10-FOOT DRAINAGE AND UTILITY EASEMENT AT 8804-88 STREET SOUTH. E. ACCEPT THE SANITARY SEWER EASEMENT AGREEMENT BETWEEN THE KEMPS AND U.S. HOME CORPORATiON AND AUTHORIZE ITS RECORDING AT THE WASHINGTON COUNTY RECORDER'S OFFICE. F. ADOPT RESOLUTION NO. 04208 AUTHORIZING THE PREPARATION OF THE FEASIBILITY REPORT FOR THE CONSTRUCTION OF WATER, SEWER AND STREET IMPROVEMENTS FOR THE PINECROFT ADDITION. G. ADOPT RESOLUTION NO. 04-209 APPROVING APPLICATION OF PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC., FOR A SIMPLE LOT DIVISION TO SUBDIVIDE A 13-ACRE PARCEL OF LAND INTO TWO PARCELS OF 12-ACRES AND 1-ACRE AT 8200 HADLEY AVENUE SOUTH. H. APPOINT CHRISTIE THOMPSON TO THE HUMAN RIGHTS/SERVICES COMMISSION FOR A TERM ENDING FEBRUARY 28, 2005. I. DIRECT THE CITY ATTORNEY TO FORWARD CONCURRENCE TO WITHDRAW FROM FURTHER ANNEXATION PROCEEDINGS REGARDING PROPERTY OWNED BY GORDON NESVIG. Regular Meeting — November 3, 2004 Cottage Grove City Council Page 4 J. APPROVE CHANGE ORDER #1 FOR THE WELL NUMBER FOUR-PUMP MAINTENANCE PROJECT. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES A. Response to Open Forum Concern — Recreational Burninq Ordinance Mayor Shiely reviewed the memo from Deputy Director of Public Safety Michael Zurbey responding to concerns expressed during the October 20, 2004 Open Forum Session by Janis Masek, 8153 Idsen Avenue South, Cottage Grove. Public Safety Director Mickelson stated that this is not an uncommon issue. He stated that they do receive occasional complaints regarding the smell of smoke in their homes. He explained that he is not sure how they can correct the current ordinance to address these concerns in any other way than as a nuisance. Mayor Shiely asked if Ms. Masek has received a copy of the response. Mickelson stated that he would make sure that she did receive a copy of the response. PUBLIC HEARINGS A. Conduct a Public Hearinq Considerinq the Assessment at 8724 95�" Street for the Removal of Public SafetV Hazards. Finance Director Hedberg explained that this is a public hearing to consider assessing the costs for abating a public nuisance at 8724 95` Street South, property owned by Joseph Murphy. He stated that in August 2003 the City declared the outdoor conditions to be a public nuisance and ordered abatement of the property. At the October 20 meeting, the Council declared the costs to be assessed, ordered preparation of an assessment roll and called for the public hearing to be held this evening, November 3, 2004. The assessment notice was pubiished on October 20, 2004 and was mailed to the property owner as required by state statute. Hedberg stated that the abatement included the removal of cars, boats and various other buiiding materials that the property owner failed to remove. He stated that the labor clean up was provided by the Washington County Sentence to Serve Program noting that the City incurred costs for equipment use and dumpster charges. Hedberg stated that the total cost of the abatement is $5,013.00 noting that once the costs are assessed it becomes a lien on the property that would be collected along with property taxes on the property over a three-year period. Mayor Shiely opened the Public Hearing at 7:44 p.m. Mayor Shiely closed the Public Hearing at 7:45 p.m. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 04210 ADOPTING THE ASSESSMENT ROLL FOR THE REMOVAL OR ELIMINATION OF PUBLIC SAFETY HAZARDS FROM PRIVATE PROPERTY LOCATED AT 8724 95 STREET SOUTH (PID #21-027-21-42-0003). MOTION CARRIED 5-0. Regular Meeting — November 3, 2004 Cottage Grove City Council Page 5 BID AWARDS NONE UNFINISHED AND NEW BUSINESS A. Canvass 2004 Election Results Mayor Shiely reviewed the 2004 Election results with Council. She explained that this a resolution to adopt the canvassing returns of votes at the municipal general election. Council Member Kohls stated that the unofficial turnout for Cottage Grove was 82% adding that this is a wonderful turnout and that she is very proud of the community. Mayor Shiely expressed her congratulations to those who won the election. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 04210.1 RESOLUTION CANVASSING RETURNS OF VOTES AT THE MUNICIPAL GENERAL ELECTION. MOTION CARRIED 5-0. B. Review and Comment on the South Washinqton Countv Telecommunication_Commission Budqetfor2005. Fran Hemmesch, Administrator, South Washington County Telecommunications Commission provided the Council with an overview of the Cable Commission's proposed budget for 2005. She explained that the proposed budget was submitted in accordance with the South Washington County Telecommunications Commission Joint and Cooperative Agreement for the administration of a cable television franchise. Council Member Wolcott asked what comprises the professional services portion of the budget proposal. Ms. Hemmesch explained the professional services poRion of the budget includes consultants and outside vendors that are used for special projects. She stated that they are currently working with Ramsey County to negotiate the possibility of sharing a consultant, which would reduce their costs considerabiy. Council Member Wolcott asked if the dollars identified for seminars are for the Commission members. She confirmed that this is used for the Directors to attend a national convention. She stated that they also included doilars for staff training and awards. City Administrator Schroeder explained that the proposed budget was provided for Council review and does not require approval by the Council. He stated that if no action or concerns are taken by December 1, 2004 the budget would be deemed approved by the City. C. Consider Apqroval of a New Street Construction Policv to address the Subst antial Increase in Curb Damaqe Occurrinq in New Developments. City Engineer Levitt stated that at the January 8, 2003 Council Workshop Session, Dave Hanson from Bonestroo, Rosene, Anderlik & Associates, presented and reported on the damage that was occurring to concrete curb in developing areas. She stated that the discussions focused on the Regular Meeting — November 3, 2004 Cottage Grove City Council Page 6 advantages and disadvantages of an interim curb policy for developing areas. She reviewed the questions raised during the work session noting that the presentation was not the first time this issue has been addressed. She indicated that the Public Works and Engineering Departments have had several meetings with contractors, developers, commissions and private utilities regarding this problem. Staff has continued to work toward fine-tuning a new street construction policy that addresses these concerns. Levitt explained that the reason a policy is required is due to the increased curb damage in new developments noting that curb damage is on the rise for a number of reasons. City Engineer Levitt stated that Staff has been reviewing what this means to the City infrastructure in the long run noting that developers also have a concern regarding potential increased costs in the development. She explained that one of the main contributors is road construction itself and provided Council with several examples of the damage and repairs for their review. City Engineer Levitt stated that another problem is private utilities noting that home building has been increasing drastically. She explained that damages in new developments have increased due to changes in the material phasing\delivery phasing process because the buiiders now have all materiais delivered at once and store the materials across the street, so not oniy the lot with the dumpsters but the lot across the street now incur curb damage due to the increase in heavy truck traffic. City Engineer Levitt stated that the proposed policy has been divided into three Methods. She provided Council with examples of each method for their review. She stated that a cost comparison was done for an interim bituminous mat with an interim bituminous curb versus a concrete curb with a bituminous wedge. She stated that it was found that utilizing an interim bituminous mat and an interim bituminous curb would cost approximately $96.00 per linear foot, including an estimated 20-percent replacement cost. She provided the Council with an overview of the benefits and costs noting that one benefit is that the bituminous used on the construction site is built back into the base and reused. She explained that by adding this back into the base it is their hope that it would help to fortify and further protect the curbs. She stated that they would be replacing the aprons and driveways as is necessary due to the damage. Council Member Wolcott asked for a review of the survey process. City Engineer Levitt stated that a survey was sent to the residents to determine their knowledge of the process and also to receive their feedback regarding the interim street. She stated that the Residents indicated that they were well informed about the street construction process when they purchased their home. She stated that it was aiso important to evaluate how well the City was doing in regards to keeping the residents informed about the process and provided the Council with an overview of the results. She stated that overall the residents rated the inconvenience of the additional street work worth it and the residents considered the street reconstruction process to have gone well. City Administrator Schroeder asked for a review of the timeframe. City Engineer Levitt stated that in the residential areas an interim street would be in place for approximately three years maximum or a 90-day build out, which ever comes first. She stated that they would be able to develop a fixed cost upfront as they have unit prices adding that there would be no surprises. Council Member Wolcott reviewed the benefits with Council stating that the City is going to get a better street that would last many more years, which in the long-term would be a savings to both Regu/ar Meeting — November 3, 2004 Cottage Grove City Council Page 7 the City and the residents. He stated that the only problem in going forward with this is the small inconvenience to the residents. He clarified that it would take approximately two to three weeks to complete stating that the key to all of this is that the Developers inform the homeowners at the time of purchase. He stated that based on the survey results it appears that the Residents were very pleased with this method adding that long-term this would provide better streets. Council Member Kohls thanked City Engineer Levitt for the examples she provided stating that it really helps provide a clear picture of the process. She referenced the survey and questions proposed to other suburban communities noting that overall most of the communities do not have a policy like this in place. City Engineer Levitt confirmed stating that the typicai response received is that communities are experiencing damage but do not know how to address the problem. She indicated that the City of Cottage Grove is somewhat at the leading edge in addressing this issue and in determining a reasonable resolution. Council Member Kohls stated that she wanted to have this brought to the attention of the residents noting that this concept of reuse for residential would be very beneficial. Mayor Shiely agreed noting the reuse in the residential areas is a great idea. She agreed that this has been an ongoing issue and concern stating that she is in favor of this process. Ken Boyten, Chair, Public Works Commission, stated that the Public Works Commission has visited the sites adding that the pictures do not show the true extent of the damage. He stated that it is very difficult to actually determine who caused the damage due to the number of subs working in a development. He stated that the Commission's commitment is to the citizen, those who move here, build their homes and live here, to ensure that they are left with a product that fits. He stated that another concern is the longevity of the roads adding that the proposal would help control the dollars spent to replace the streets. City Engineer Levitt stated that they have made considerable progress in trying to prevent damage from occurring in developments adding that there is still one area that is causing damage and that is the building process. She explained that this is where a great deal of focus was directed in the development of a new street construction policy. She further explained that a key element in the policy was to develop a process that protects the City's investment in the street infrastructure and provide a quality end product to the residents. MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE THE NEW STREET CONSTRUCTION POLICY AS OUTLINED WITH METHOD #1 FOR RESIDENTIAL DEVELOPMENT, METHOD #2 FOR COMMERCIAL DEVELOPMENTS AND METHOD #3 FOR INDUSTRIAL AREAS. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS NONE COUNCIL COMMENTS AND REQUESTS Council Member Kohls thanked Staff, Caron Stransky and all of the Election Judges for the hard work that made Election Day possible. She acknowledged the long hours City Clerk Stransky put in for months prior to the election adding that all of the volunteers and Election Judges did a great Regular Meeting — November 3, 2004 Cottage �rove Ciry Council Page 8 job. She stated that she wanted to thank them for a job well done noting that it is truly appreciated. Council Member Rice requested an update on the proposed Community Center. He stated that he would like specifically, what the implications would be for a certain sized arenas, including but not limited to costs, land, what would be included and the tax implications. He stated that he would like the information by January to begin reviewing the process. Finance Director Hedberg stated that he has already scheduled a meeting with a Park P�anning Consultant to review the possibilities adding that he would put together a packet for Council review. Council Member Rice asked City Administrator Schroeder to identify the City requirements for cable needs that would include a five to ten year projection. He asked that the requirements be provided to Ms. Hemmesch for her review and feedback. City Administrator Schroeder stated that he is currently working with Ms. Hemmesch on a couple of items with the intent to review with Council at their next regular meeting. PAY BILLS Council Member Wolcott asked if Finance Director Hedberg is recoding the expenditure for equipment originally coded to Engineering program. Finance Director Hedberg stated that Staff is in the process of recoding. Council Member Wolcott referenced check 13740 noting that they were over-charged and asked that the payment be corrected. Finance Director Hedberg stated that this was also in the process of being taken care of by Staff. MOTION BY RICE, SECONDED BY WOLCOTT, TO APPROVE PAYMENT OF CHECK NUMBERS 137172 THROUGH 137381 TOTALING $644,277.97. (CHECKS 137172 — 137190 IN THE AMOUNT OF $180,645.90 ISSUED PRIOR TO COUNCIL APPROVAL.) MOTION CARRIED 5-0. WORKSHOP SESSION — OPEN NONE WORKSHOP SESSION — CLOSED Mayor Shiely called a 5-minute break at 825 p.m. Mayor Shiely called the meeting back to order at 8:40 p.m. MOTION BY WOLCOTT, SECONDED BY RICE, TO CLOSE THE MEETING. MOTION CARRIED. 5-0. Present: Mayor Sandy Shiely Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Regular Meeting - November 3, 2004 Cottage Grove City Council Page 9 Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Corrine Thomson, City Attorney A. Labor Neqotiations Finance/Administrative Services Director Hedberg provided a verbal update on labor contract negotiations. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADJOURN THE CLOSED SESSION AND RECONVENE THE REGULAR MEETING. MOTION CARRIED. 5-0. ADJOURNMENT MOTION BY RICE, SECONDED BY WOLCOTT, TO ADJOURN THE MEETING AT 9:35 P.M. MOTION CARRIED 5-0. Respectfully submitted, Bonita Sullivan TimeSaver Off Site Secretarial, Inc.