Loading...
HomeMy WebLinkAbout2010-03-17 MINUTES COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting March 17, 2010 OPEN FORUM – 7:15 p.m. Mayor Bailey opened Open Forum at 7:15 p.m., and stated 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 not on the agenda. Persons must limit remarks to two (2) minutes. The following were present: Mayor Myron Bailey, Council Member Mark Grossklaus, Council Member Pat Rice, Council Member Jen Peterson, and Council Member Justin Olsen. The following were absent: None. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Peter Koerner, Deputy Public Safety Director, Police Captain, Corrine Heine, City Attorney-Kennedy & Graven, and Les Burshten, Public Works Director. Mayor Bailey asked if anyone in the audience wished to address the City Council on any topic not on the agenda. There being none, Mayor Bailey closed Open Forum to the Regular Meeting. CALL TO ORDER – Regular Meeting The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular th meeting on March 17, 2010, at the Cottage Grove City Hall, 7516 80 Street South. Mayor Bailey called the meeting to order at 7:30 p.m. PLEDGE OF ALLEGIANCE The audience, staff, and the Mayor and Council Members pledged allegiance to the flag of the United States of America. ROLL CALL The following were present: Mayor Myron Bailey, Council Member Mark Grossklaus, Council Member Pat Rice, Council Member Jen Peterson, and Council Member Justin Olsen. The following were absent: None. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Howard Blin, Community Development Director; Corrine Heine, City Attorney-Kennedy & Graven; Peter Koerner, Deputy Public Safety Director, Police Captain; Jennifer Levitt, City Engineer; and Les Burshten, Public Works Director. Mayor Bailey presided over the regular meeting. Cottage Grove City Council 2 March 17, 2010 Regular Meeting 1.ADOPTION OF AGENDA MOTION BY COUNCIL MEMBER GROSSKLAUS, SECONDED BY COUNCIL MEMBER RICE, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 5-0. 2.PRESENTATIONS - None. 3.APPROVAL OF MINUTES – None. 4.CONSENT CALENDAR Council Member Olsen removed item M pertaining to the appointment of Chris Reese to the Planning Commission stating that it is Council policy not to allow an individual to serve on multiple boards or commission at any given time. He stated that Mr. Reese is currently a member of the City’s Economic Development Authority (EDA). Mayor Bailey stated that the City is always looking for volunteers to serve on the various boards and commissions. If anyone is interested in serving on the City’s Planning Commission, or another commission, applications are available on the City’s web site, or at the Cottage Grove City Hall. MOTION BY COUNCIL MEMBER RICE, SECONDED BY COUNCIL MEMBER PETERSON, TO: A.ACCEPT AND PLACE ON FILE THE FOLLOWING ADVISORY COMMISSION MINUTES: I.ECONOMIC DEVELOPMENT AUTHORITY MEETING OF FEBRUARY 9, 2010; AND II.PUBLIC WORKS COMMISSION MEETING OF JANUARY 11, 2010. B.RECEIVE INFORMATION REGARDING ACTION BY THE ECONOMIC DEVELOPMENT AUTHORITY IN SUPPORT OF A PROPOSED SPECIAL TAX INCREMENT FINANCING LEGISLATION FOR DISTRICT 1-12 (PRESBYTERIAN HOMES). C.AUTHORIZE STAFF TO PURCHASE A RID-DRY MS-2600 DEHUMIDIFICATION UNIT FOR THE COTTAGE GROVE ICE ARENA FROM BECKER ARENA PRODUCTS FOR $20,750. D.AUTHORIZE PURCHASE OF ONE (1) NEW TORO MODEL GM 4100-D ROTARY MOWER FOR THE PARKS DIVISION, DEPARTMENT OF PUBLIC SAFETY FROM MTI DISTRIBUTING FOR $48,932.21, LESS THE TRADE-IN OF THE RIVER OAKS 1998 RANSOM 951 ROTARY MOWER FOR TOTAL COST INCLUDING SALES TAX AND TRADE-IN FOR $48,555.67, AND PARKS UNIT 41-8511, A 1998 JACOBSEN 11-FOOT ROTARY MOWER WILL BE TRANSFERRED TO THE RIVER OAKS GOLF COURSE. Cottage Grove City Council 3 March 17, 2010 Regular Meeting E.APPROVE THE PURCHASE OF TWO (2) NEW HENDERSON BRAND COMPLETE DUMP BODIES AND RELATED SNOWPLOW EQUIPMENT FROM ASPEN EQUIPMENT FOR THE STREETS DIVISION, DEPARTMENT OF PUBLIC WORKS TO BE INSTALLED ON THE CITY’S TWO (2) NEW FREIGHTLINER SINGLE-AXLE CAB CHASSIS FROM ASPEN EQUIPMENT FOR THE PURCHASE PRICE OF $192,814.62, WHICH INCLUDES SALES TAX. F.APPROVE THE PURCHASE OF ONE (1) NEW ROGERS WINDFOIL COVERED SPRAYER BOOM FROM MTI DISTRIBUTING FOR THE PARKS DIVISION OF THE DEPARTMENT OF PUBLIC WORKS FOR $8,418.77 WHICH INCLUDES SALES TAX. G.ADOPT RESOLUTION NO. 2010-032, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A PET BUSINESS INCLUDING RETAIL SALES, DOG AND CAT DAY CARE, PET BOARDING, OUTDOOR DAYTIME RUNS, AND OUTDOOR PLAY/TRAINING AT 8607 WEST POINT DOUGLAS ROAD SOUTH, COTTAGE GROVE. H.ACKNOWLEDGE RECEIPT OF THE CITY’S EMERGENCY DECLARATION, STORM DAMAGE CLEAN UP POLICY, AND THE 2010 POTENTIAL FLOODING PROCEDURES. I.AUTHORIZE STAFF TO ACCEPT THE FEDERAL YEAR (FY) 2011 MUNICIPAL AGREEMENT PROGRAM FUNDING IN THE AMOUNT OF $594,000 FOR THE EXTENSION OF WEST POINT DOUGLAS ROAD TO TH61/TH95. J.ADOPT RESOLUTION NO. 2010-033, A RESOLUTION APPROVING A REVISION TO THE COTTAGE GROVE COMPREHENSIVE PLAN 2030 TO CHANGE THE LAND USE OF 19 ACRES ALONG EAST POINT DOUGLAS ROAD AT THE SOUTH SIDE OF RAVINE PARK FROM COMMERCIAL TO PARK AND PRIVATE OPEN SPACE. K.AUTHORIZE STAFF TO SEND A COMMENT LETTER TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES REGARDING THE RULEMAKING PROCESS FOR THE MISSISSIPPI RIVER CRITICAL AREA. L.APPROVE THE CERTIFICATE OF APPROPRIATENESS FOR THE PHASED MODIFICATION TO THE EXTERIOR OF THE STRUCTURE AT 7310 LAMAR AVENUE SOUTH IN “OLD COTTAGE GROVE”. M.REMOVED FROM AGENDA. MOTION CARRIED. 5-0. 5.RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES – None. 6.PUBLIC HEARINGS Cottage Grove City Council 4 March 17, 2010 Regular Meeting A.Hold Public Hearing and Consider Ordering Public Improvements and Preparation of Plans and Specifications for the 2010 Pavement Management River Acres (District H) Project, Option 1 City Engineer Levitt reviewed the improvements proposed in the 2010 Pavement Management River Acres (District H) Project. She stated the improvement project thth includes street rehabilitation, construction of a trail along Ideal from 110 to 115 Street, storm water improvements with curb and gutter and rain gardens, railroad quiet zone and a turn-around. Sanitary Sewer and Water Main City Engineer Levitt stated that the extension of sanitary sewer and water main to the improvement area should not be installed as part of this project. Streets City Engineer Levitt stated the proposed streets to be rehabilitated includes the following: thth 1.Ideal Avenue from 110 to 113 Street, th 2.110 Street from Ideal Avenue to cul-de-sac; th 3.113 Street from Ideal Avenue to cul-de-Sac; th 4.113 Street Court from Ideal Avenue to cul-de-Sac; th 5.113 Street from Ideal Avenue to cul-de-sac; thth 6.Inman Avenue from 113 Street to 115 Street; th 7.115 Street from Inman Avenue to BNSF railroad crossing; and 8.River Acres Road from BNSF railroad crossing to end of public right-of-way. City Engineer Levitt briefly explained the reclamation process, the life-cycle curve of a road, she provided a demonstration on what a typical asphalt road should look like versus a seal coated road, as well as a demonstration on what is involved in seal coating a road. Storm Sewer / Rain Gardens City Engineer Levitt stated the proposed drainage improvements consist of installing storm sewer with concrete curb and gutter along Inman Avenue and a series of rain thth gardens at the low spot along 113 Street located between 113 Court South and Inman Avenue South. She stated that additional funding for the rain gardens will be pursued from both the South Washington Watershed District (SWWD) and the Washington County Conservation District, noting that funding obtained from either agency will help reduce the associated costs related to storm water improvements. Quiet Zone City Engineer Levitt stated the construction of a quiet zone will consist of constructing a concrete curb and gutter median section for 100 feet in both directions of the railroad section. She stated the concrete median, along with railroad crossing gate arms, will provide a barrier so that vehicles cannot maneuver through the intersection Cottage Grove City Council 5 March 17, 2010 Regular Meeting when a train is present. Once the median is constructed and approved by the railroad, the train horns will no longer have to be sounded at the intersection. Turn-around City Engineer Levitt stated it is proposed that a turn-around be constructed at the west end of River Acres Road to provide school buses, public works, and emergency vehicles an area to safely turn around. She stated that this will be necessary since the th current turn around area, just north of the intersection of the railroad tracks and 115 Street, will be eliminated once the medians are installed with the railroad crossing improvements. Estimated Costs City Engineer Levitt stated the total estimated project cost of the street, storm water, trail and turn-around is about $1.6 million. As stated in the feasibility report and per the City assessment policy, 45% of the cost would be assessed. Therefore, roughly $750,000 would be assessed against the benefiting properties. City Engineer Levitt stated that when she presented the feasibility study to Council she spent a great deal of time going over the benefit appraisal conducted by BRKW Appraisals, Inc., for the City. She stated that the approximate assessment per parcel totals $6,275.34. City Engineer Levitt highlighted three (3) ways that the assessments were calculated. First, per our assessment policy, agricultural property would be assessed solely based upon the benefits appraisal. Second, there are properties considered to have direct access and they would pay an equal portion of the project. Third, there are properties with indirect access to the project and to a street, which would pay 60% of a unit, or equivalent to a town home situation. City Engineer Levitt stated that when it came to the quiet zone, there were 52 parcels that we determined would seek benefit from those improvements. We chose only the parcels with a home, so none of the vacant lots would have to pay the additional $247.50. The total cost of the quiet zone improvements is $28,600 and per our policy, 45% would be assessed, at $12,870 or $247.50 per parcel. City Engineer Levitt stated when we looked at storm water improvements, 68 parcels would benefit for a total construction cost of $230,356 with 45% being assessed or $103,660, meaning that each parcel would pay $1,524. City Engineer Levitt stated if the quiet zone is selected to move forward, it is imperative that the turn-around also be constructed. As a part of that, we would see 71 parcels receiving benefit from the turn-around. The turn-around cost is $81,510, and per our assessment policy, 45% would be assessed at $36,679 or $516.61 per parcel. City Engineer Levitt stated that in addition to the petition the City received for the quiet zone improvements, the City also received a petition to install a trail adjacent to Ideal Avenue between 110th Street and 113th Street. She stated that the trail would Cottage Grove City Council 6 March 17, 2010 Regular Meeting benefit 127 parcels. The estimate to construct the trail is $71,500 or at 45%, $32,175 would be assessed or $253.35 per parcel. City Engineer Levitt stated the City received a petition signed by residents on 110th Street requesting that they be removed from the improvement project. She stated that by doing so it would drive up the cost to the other properties in the project area by about $50. She stated that the problem they would have with that is the Public Works Department would have to continue to maintain the street and spend a tremendous amount of time, energy and effort to keep the road passable. City Engineer Levitt stated that the City’s assessment policy states that residents adjacent to a street that have never paid for a paved surface should pay 100% of the project costs for that improvement but the City is proposing to subsidize the project by 55% and the property owners would pay only 45% of the project cost versus 100%. City Engineer Levitt summarized some of the advantages and disadvantages of the project outlined in her memorandum included in the Agenda packet. City Engineer Levitt stated that staff recommends that Council proceed with Option #1, order the improvements and authorize the preparation of plans and specifications. She recommended that the project include streets, trails, storm water/rain garden, quiet zone and the turnaround. Mayor Bailey asked Council if there were any questions from staff. There being none, Mayor Bailey opened the public hearing for comments and/or objections from the public. th Gabe Schoer, 7979 110 Street South, Cottage Grove, stated it is not a good time financially for a lot of people in the neighborhood. He stated the street looks really good in front of his home so it is hard for him to justify the expense noting that the street in his area is in really good condition. Chad Magle, 11301 Inman Avenue South, Cottage Grove, stated that he was strongly opposed to the project for a number of reasons. He expressed concerns he has about the process; the cost of the feasibility study ($40,000); whether the benefit appraisal addressed the contaminated water, soil and possibly contaminated air from 3M; and assessing him for the quiet zone when he lives approximately four (4) football fields away. Mr. Magle stated the only element he was in favor of was the installation of the proposed trail. th John Swenson, 7903 113 Street South, Cottage Grove, stated he worked 34 years for the Minnesota Department of Transportation, 17 of which were in road design, road construction, and bridge construction. He stated that the City has not been maintaining the street. Annette Floysand, 7981 River Acres Road, Cottage Grove, asked why she was being assessed the full amount. City Engineer Levitt responded that her driveway would have direct access to the road. Ms. Floysand stated it is not their driveway, they do not own that land. Cottage Grove City Council 7 March 17, 2010 Regular Meeting th Bob Albright, 8391 113 Street South, Cottage Grove, asked whether there will be weight restriction on his road and would they accommodate the heavy railroad trucks. Barb Hennemann, 7987 River Acres Road, Cottage Grove, questioned whether the proposed assessment has been determined where there are two (2) parcels owned by the same resident. th Martin Lynch, 8246 113 Street South, Cottage Grove, stated that a lot of the houses th in the area have septic systems on the north side of 113 Street South in their front yard and stated for the record that water drains from the House’s farm. th Van Nienow, 7706 113 Street South, Cottage Grove, stated he has lived was here when the original paving project in 1989 was completed and stated he objected to the original improvements at that time and does not want to be assessed $800 for this project. He questioned why he should have to pay the same amount as the guy who owns twice as much property fronting the street. Mr. Nienow stated he was a little disappointed with the original work and believed the City accepted defective work. Kent Byrne, 8279 River Acres Road, Cottage Grove, stated he was curious why we settled on 70-feet instead of 60-feet with the intersecting or private road. th Geraldine Lynch, 8246 113 Street South, Cottage Grove, stated that the railroad should be participating in the cost of the quiet zone. th Dean Cranston, 7645 110 Street South, Cottage Grove, stated there is no cul-de- th sac at the end of 110 Street South and noting it is a parking lot for Grey Cloud Park. She stated that there are potholes in it from the kids that beat down the street, park on the end of the street, and then tear out when they turn around. Mr. Cranston th stated he believes everybody that lives on 110 Street are well aware that the road is not paved and they do not want it paved. th Michelle Myrick, 7600 110 Street South, Cottage Grove, stated she was a little concerned about some of the wording in the City Engineer’s report where she states in the future it would be questionable whether the City would subsidize 55% of the project. th Sandy Doucette, 8285 113 Street South, Cottage Grove, stated she is hanging onto her house by the skin of her teeth. As a gentleman stated earlier, she has pollution in her water, air and now she is going to be assessed for public improvements that she cannot afford. Barb Henneman, 7987 River Acres Road, Cottage Grove, stated that 20 years ago they allowed the City to turn around in their driveway, as well as the post office, and anyone else that needs to turn around. She stated she was curious what was going on with that. th Leland Mann, 8888 Greene Avenue South, stated that 110 Street South goes out to the park land owned by the Department of Natural Resources. He asked whether they are participating in the cost of the project. Cottage Grove City Council 8 March 17, 2010 Regular Meeting th Patricia St. Germaine, 7675 113 Street South, Cottage Grove, stated that the one thing that they do need are some street lights installed at some of the corners. th Bill Serpico, 7750 113 Street South, Cottage Grove, stated he is was opposed to the project except for the installation of the proposed trail. Chad Magle, 11301 Inman Avenue South, stated he sees a lot of people who did not speak and stated he really wished they would get up and let their voice be heard on this issue. th Wendy Alfelby, 7751 110 Street South, stated when you talk about property tax benefit, does that mean once the street goes in our property tax is going to go up. There being no others who wished to speak, Mayor Bailey asked staff to respond to some of the questions from the audience. City Engineer Levitt stated that staff will first address the quiet zone concern and Community Development Director Blin will talk about the location and how the benefitting properties were determined. Then we will turn it over the Public Works Director Burshten to talk about maintenance concerns. Community Development Director Blin stated that the boundaries of the quiet zone assessment area were determined based on the area in which the citizen petition was circulated and received by the Council last year. He stated that staff obtained noise readings and assure everyone that all of the properties within that area and th also those on the north side of 113 Street exceed the City’s noise standards. Public Works Director Burshten stated that the Department has been patching, crack sealing, and sealcoating roads throughout the City for many years. Public Works Director Burshten then addressed the railroad questions stating that they have talked to Burlington-Northern Railroad and they have absolutely no interest in participating in the cost of the improvements and we cannot force them to do so. He stated he could talk to them about eliminating or minimize the number of trips that they make in the area. Public Works Director Burshten provided history regarding the turnaround at the end of River Acres Road. He stated he does not have an answer in that it was this way when he came here over 20 years ago. It is one of those things that he inherited. Thomas Henneman, 7987 River Acres Road, Cottage Grove, stated that due to their generosity, the City is now going to take their private road and assess them for the improvements. Barb Henneman, 7987 River Acres Road, Cottage Grove, stated she feels like their generosity is getting them absolutely nothing at this point and they will probably be assessed more than anyone else because they have a larger lot. Cottage Grove City Council 9 March 17, 2010 Regular Meeting City Attorney Heine stated that State law states that if a City has used and maintained a road for at least six (6) years continuously, then it becomes a City easement and a public roadway. City Engineer Levitt stated that one of the other items referenced tonight related to the public improvement process and preparation of a feasibility study. She pointed out that under Chapter 429 of Minnesota Statutes, there is a very detailed process that the City must comply with and one of those steps is conducting a feasibility report so that the City can provide affected property owners with an estimate of the improvement and the amount to be assessed. Mayor Bailey asked if there were any other questions from the audience. There being none, he closed the public hearing and asked Council if there were any questions for staff before he asks for a motion. th The Council briefly discussed the petition received from residents on 110 Street South to remove them from the project and possible grant opportunities to offset some of the improvement costs. MOTION BY COUNCIL MEMBER GROSSKLAUS, SECONDED BY COUNCIL MEMBER OLSEN, TO ADOPT RESOLUTION NO. 2010-034, A RESOLUTION ORDERING IMPROVEMENTS (OPTION ONE) AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2010 PAVEMENT MANAGEMENT RIVER ACRES (DISTRICT H) IMPROVEMENT PROJECT. MOTION CARRIED. 5-0. A five-minute break was taken from 9:05 p.m. until 9:10 p.m. 7.BID AWARDS – None. 8.UNFINISHED AND NEW BUSINESS A.Consider Write Off Uncollectible Accounts for Ambulance Service for 2009 Finance Director Roland reviewed the recommendation to write-off uncollectible accounts for ambulance service in the amount of $1,095,839, and recommended that the Council adopt the resolution included in the Agenda packet. Mayor Bailey asked the Finance Director whether she has breakdown data for the cities of St. Paul Park and Newport for 2009. Finance Director Roland stated she does not have that data at this time but she will be made it available to the Council. She stated that the City did institute an out of area charge to try to address some of the issues with surrounding communities who do not participate to the level which we would like them to participate, with the exception of Grey Cloud Township. Council Member Olsen stated he is curious if any of this could be mitigated by different billing practices or dedicated billing. Roland stated that the service that handles the ambulance billings also handles the billing for several other communities within the metropolitan area. They are well-versed in Medicare, Medicaid and insurance. Cottage Grove City Council 10 March 17, 2010 Regular Meeting Council Member Grossklaus stated he no problem writing off Medicare or Medicaid, Veteran’s Preference for the citizens of Cottage Grove. His issue goes back to the cities of St. Paul Park and Newport not picking up their bills. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER OLSEN, TO ADOPT RESOLUTION NO. 2010-035, A RESOLUTION AUTHORIZING WRITE OFF OF COTTAGE GROVE EMS ACCOUNTS RECEIVABLES IN THE AMOUNT OF $1,095,839. MOTION CARRIED. 5-0. 9.RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS A.Response to Council Regarding Washington County Open Book Meetings Mayor Bailey acknowledged receipt of the response from Finance Director Roland on the Open Book meetings to be held by the Washington County Assessor’s Office. No action taken. 10.COMMENTS AND REQUESTS Mayor Bailey stated that the Economic Development Authority is interested in decorating th the business districts and holiday decorations will be installed along 80 Street South. Residents are encouraged to vote for their favorite decoration on the City’s Face Book page or at City Hall. Council Member Peterson encouraged residents to apply for a Commission noting that there are three (3) vacancies on the Human Services/Rights Commission. Applications are available on the City’s web site or at City Hall. 11.PAY BILLS MOTION BY COUNCIL MEMBER RICE, SECONDED BY COUNCIL MEMBER GROSSKLAUS, TO APPROVE PAYMENT OF CHECK NUMBERS 166324 THROUGH 166495 TOTALING $536,591.63 (CHECKS 166324 THROUGH 166342 TOTALING $188,251.69 WERE ISSUED PRIOR TO COUNCIL APPROVAL). MOTION CARRIED. 5-0. 12.WORKSHOP SESSION – OPEN TO PUBLIC - None 13.WORKSHOP SESSION – CLOSED TO PUBLIC A.Performance Review Mayor Bailey stated the purpose of the closed session was to conduct a performance evaluation on the City Administrator and stated that at the next regular meeting he would provide a summary of the discussion. MOTION BY COUNCIL MEMBER RICE, SECONDED BY GROSSKLAUS, TO CLOSE THE MEETING AT 9:28 P.M. MOTION CARRIED. 5-0. Cottage Grove City Council 11 March 17, 2010 Regular Meeting The following were present: Mayor Myron Bailey, Council Member Pat Rice, Council Member Mark Grossklaus, Council Member Jen Peterson, and Council Member Justin Olsen. Pursuant to the open meeting law, the Council discussed the performance of the City Administrator. A tape recording of the discussion is on file in the City Clerk’s office. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADJOURN THE CLOSED SESSION AND RESUME THE REGULAR MEETING. MOTION CARRIED. 5-0. 14.ADJOURNMENT MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADJOURN AT 10:39 P.M. MOTION CARRIED. 5-0. Respectfully submitted, Caron Stransky City Clerk