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HomeMy WebLinkAbout2011-10-05 MINUTES COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting October 5, 2011 OPEN FORUM Mayor Pro Tem Olsen convened the Open Forum portion of the meeting at 7:15 p.m. and stated that during Open Forum a person may address the City Council on a subject not a part of the regular meeting agenda, but must limit their remarks to two (2) minutes per person. The purpose of Open Forum is to provide the public an opportunity to provide information or to request action by the City Council. It may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Open Forum would adjourn to the regular meeting promptly at 7:30 p.m. to the regular meeting. The following were present: Mayor Pro Tem Olsen, Council Member Derrick Lehrke, Council Member Jen Peterson, and Council Member Dave Thiede. The following were absent: Mayor Myron Bailey. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Corrine Heine, City Attorney-Kennedy & Graven; Craig Woolery, Public Safety Director; Jennifer Levitt, City Engineer; and Les Burshten, Public Works Director. Mayor Pro Tem Olsen opened Open Forum at 7:15 p.m., and asked if anyone in the audience wished to address the City Council on any topic not on the agenda. Leon Moe, 8660 Grospoint Avenue South, Cottage Grove, stated for the record that a Home Rule City Charter is a legitimate form of City Government in the State of Minnesota. There is no law that requires a City to spend time or money to oppose a Charter process. If voted for by the citizens, a City Charter would merely provide framework to the City Government. A petition to establish a City Charter Commission is available at www.cgcitizensvoice.com. Gary Kjellberg, 7389 Inman Avenue South, Cottage Grove, voiced support for the Public Works Department and the Parks Maintenance Division. nd Washington County Attorney Pete Orput, 15015 62 Street North, Stillwater, introduced himself as the Washington County Attorney who took office in January 2011. Mayor Pro Tem Olsen 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 September 21, 2011 at the Cottage Grove City Hall, 7516 80 Street South. Mayor Bailey called the meeting to order at 7:30 p.m. Cottage Grove City Council 2 October 5, 2011 Regular Meeting 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 Pro Tem Olsen, Council Member Derrick Lehrke, Council Member Jen Peterson, and Council Member Dave Thiede. The following were absent: Mayor Myron Bailey. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Corrine Heine, City Attorney-Kennedy & Graven; Craig Woolery, Public Safety Director; Jennifer Levitt, City Engineer; and Les Burshten, Public Works Director. Mayor Bailey presided over the meeting. 1. ADOPTION OF AGENDA MOTION BY COUNCIL MEMBER COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 4-0. 2. PRESENTATIONS 3. APPROVAL OF MINUTES A. June 24, 2011 Special Meeting There being no amendments to the minutes, Mayor Pro Tem Olsen stated the minutes of the June 24, 2011 Special Meeting stand approved as presented. 4. CONSENT CALENDAR The City Council pulled and briefly discussed item C, G and I. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO: A.ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: i.PUBLIC SAFETY, HEALTH, AND WELFARE COMMISSION MEETING OF AUGUST 16, 2011; AND ii.PLANNING COMMISSION MEETING OF AUGUST 22, 2011. B.ADOPT RESOLUTION NO. 2011-131, A RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $16,413.07 TO ACE BLACKTOP INC., FOR THE 2010 PAVEMENT MANAGEMENT PROJECT. Cottage Grove City Council 3 October 5, 2011 Regular Meeting C.ADOPT RESOLUTION NO. 2011-132, A RESOLUTION ACCEPTING DONATIONS FROM CUB FOODS, SAM’S CLUB, AND STARBUCK’S COFFEE FOR THE PUBLIC SAFETY/CITY HALL GROUNDBREAKING CEREMONY. D.APPROVE THE FIRST AMENDMENT TO THE WATER TOWER LEASE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC, LOCATED AT ST 8492 81 STREET SOUTH, COTTAGE GROVE. E.APPROVE THE SECOND AMENDMENT TO THE WATER TOWER LEASE AGREEMENT WITH CINGULAR WIRELESS PCS, LLC, LOCATED AT 7130 ND 92 STREET SOUTH, COTTAGE GROVE. F.ADOPT RESOLUTION NO. 2011-133, A RESOLUTION AWARDING QUOTE FOR THE REPLACEMENT OF THE FIRE STATION NO. 4 EMERGENCY GENERATOR TO INTERSTATE POWER, INC., IN THE AMOUNT OF $18,325.00. G.ADOPT RESOLUTION NO. 2011-134, A RESOLUTION AWARDING QUOTE FOR THE SOIL CORRECTION WORK AT HIGHLANDS PARK SPLASH PAD TO EUREKA CONSTRUCTION, INC., IN THE AMOUNT OF $23,272.50. H.ADOPT RESOLUTION NO. 2011-135, A RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A NUISANCE AT 8787 HAMLET AVENUE SOUTH, COTTAGE GROVE. ST I.APPROVE THE CONVEYANCE OF OUTLOT B, KINGSBOROUGH WOODS 1 TH ADDITION TO THE RESIDENTIAL PROPERTY LOCATED AT 8677 70 STREET SOUTH, COTTAGE GROVE. MOTION CARRIED. 4-0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES – None. 6. PUBLIC HEARINGS A. Conduct Public Hearing Considering the Assessment for the Removal of Weeds on Private Property. Finance Director Roland reviewed the recommendation to hold a public hearing and adopt the assessment roll for the removal of weeds from private property. Mayor Pro Tem Olsen opened the public hearing to receive comments and/or objections from those in the audience. Anthony Sailer, 8622 Iden Avenue South, Cottage Grove, stated he just purchased the property in question on August 12, 2011 and that the tall weeds occurred prior to his closing. Finance Director Roland stated that if Mr. Sailer just purchased the property, there should have been a special assessment search conducted by his title Cottage Grove City Council 4 October 5, 2011 Regular Meeting company prior to the closing and that they would have been made aware that there was an outstanding special assessment. She recommended that Mr. Sailer contact his title company. Council Member Lehrke asked Mr. Sailer when he purchased the property. Mr. Sailer stated that his closing date was August 8, 2011. Council Member Lehrke stated that the information in the Agenda packet shows that the property was mowed on September 14, 2010. City Administrator Schroeder stated that as the meeting was convening, the City Clerk received a written statement from Sandra Delsing in objection to the assessment to her property located at 8463 Hillside Trail South, Cottage Grove. A copy of Ms. Delsing’s written statement is attached to the original minutes as Attachment “A”. City Administrator Schroeder stated that we can either remove any objecting parties from the assessment roll or we can levy the assessment. Typically, we levy the assessment so that we can record it and then look into the objections. If they are found to be valid we can come back and abate them later. There being no further comments or concerns, Mayor Pro Tem Olsen closed the public hearing. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO ADOPT RESOLUTION NO. 2011-136, A RESOLUTION ADOPTING THE SERVICE CHARGES FOR THE REM OVAL OF NOXIOUS WEEDS AND PLANTS FROM PRIVATE PROPERTY. MOTION CARRIED. 3-1. COUNCIL MEMBER LEHRKE VOTED NAY. City Administrator Schroeder stated that staff would report back to the City Council on the two (2) objections. B. Conduct Public Hearing Considering the Assessment for the Public Improvements for the 2011 Pavement Management Project. The purpose of the public hearing is to consider adopting the assessments for the 2011 Pavement Management Projects. Following the hearing, the City Council would be asked to consider adopting a resolution approving the assessments for the 2011 Pavement Management Howard’s Addition (District A) and Pine Coulee and Countrywood (District I) Road Projects. City Engineer Levitt stated that the City’s practice has been to assess for improvement projects once the project is “substantially complete”, which has been interpreted to mean a drivable surface (or the wear course paving is complete). The roadway improvements in the Project are substantially complete. However, restoration work would continue this fall and into spring, which is typical for a Pavement Management Project. City Engineer Levitt noted that it is a challenge to get grass to grow and establish in one (1) growing season. This summer proved even more challenging with the significant rain events in July which caused erosion and seed to washout. The contractor had to return Cottage Grove City Council 5 October 5, 2011 Regular Meeting numerous times to the site to re-seed. There were some yards and ditch sections where sod had to be placed to enable the area to stabilize to prevent erosion. Additionally, there were a few driveways that the contractor needed to correct defective work. City Engineer Levitt then provided a recap of the project costs and funding and Finance Director Roland reviewed the assessment process and proposed interest rate. Mayor Pro Tem Olsen opened the public hearing to hear any comments and/or objections from those in the audience. Rose Mary Palmer, 11673 Lehigh Avenue South, Cottage Grove, stated that she and her husband Richard Kelm purchased their property about a year ago. She then proceeded to read aloud a written statement, which is attached to and made a part of the original minutes as Attachment “B”, in objection to the special assessment because the contractor had failed to restore her lawn. Before the assessment roll is adopted, she requested that the City take the following action: (1) Inspect the project areas and create a list of affected properties; (2) Estimate the cost to restore and repair the affected areas; and (3) withhold part of the final payment to the contractor based on the estimate and place the amount into an escrow account. Ms. Palmer commented that she was pleased to see that the City Council was concerned about the weeds throughout the project. They were also pleased to see the City send out a watering truck but were sorry to report that the watering caused more weeds to grow. Ms. Palmer added that in regards to the issue of sod versus seed, she would like to say that they were not impressed with the quality of the seed that was put down; some of it has grown and much of it has not. They do not begrudge our fellow neighbors the fact that they received sod. What does concern her, however is that in one of our early meetings, it was brought out that the decision was made to treat everybody equally and they feel that this has not been fulfilled because some people have gorgeous lawns with sod and others have weeds. City Engineer Levitt reiterated the definition of substantial completion noting that it is when the final wear course or asphalt has been placed on the roadway. When that work has been completed, the City Council levies the assessment against the properties. City Engineer Levitt stated that July was a very wet month and there were a lot of erosion areas that could not be stabilized. So in lieu of continuing to throw seed and erosion control blankets, we decided to place sod in those areas. She apologized if there was a perception of inequality but they were trying to do what they considered the best to stabilize the areas. Additionally, they are committed to restoring any of the seeded areas that does not take this growing season and are committed to going back in the spring to ensure that there is growth. Cottage Grove City Council 6 October 5, 2011 Regular Meeting Council Member Thiede stated that should the contractor not take care of the issues that need to be corrected, how would they recover all of the costs associated with the work. City Engineer Levitt stated that if a contractor does not perform, the City could draw on the contractor’s performance bond, noting that we are currently retaining $44,000 to cover outstanding issues, such as seeding. Council Member Lehrke commented that he heard that we were assessing and charging interest for a project that is not complete. Council Member Peterson stated that with the dissatisfaction with this contractor or subcontractor, would be hire them for future projects. City Engineer Levitt stated that we did have some concerns with the performance of the subcontractor on the project so we are reviewing our documentation to see if it would warrant blacklisting the contractor from future projects. This is something that they are evaluating at this time. Diane Masloski , 11570 Layton Avenue South, Cottage Grove, stated that they are having problems with the end of their blacktop driveway and she has been told by the person who plows their driveway that the new remedy suggested by the City could very easily lift as the snow is being removed by a snow plow truck. She asked the City Council what her recourse would be if it lifts off and stated that it should not be her responsibility to pay to replace her blacktop driveway costing her about $7-8,000. She asked how she would be reimbursed for that work when the damage was through no fault of her own. City Engineer Levitt stated that they were proposing to provide them infrared technology this week. The City has used this technology throughout the City. For example, in 2008, the City infrared about 6-7 areas and also used it in the Pine nd Cliff 2 Addition development off of Hinton Avenue South. All of the areas have been plowed by our large dump trucks and we have not seen that happen. She stated that she does not anticipate that this fix would cause any degradation to her driveway but they would monitor the situation over the next year. Council Member Thiede asked what the typical warranty would be on an asphalt driveway. City Engineer Levitt stated that we hold our contractors to a two (2) year warranty for project-related items such as the asphalt pavement. We do not require long-term warranties. Sherry Lewis, 11735 Layton Avenue South, Cottage Grove, thanked the City Council and stated that she had a very trying summer but wanted to thank those who responded to her emails and for coming out to take a look at her concerns. Finance Director Roland highlighted the deferment process for senior citizens. Richard Cook, 11620 Leeward Avenue South, Cottage Grove, stated that City Engineer Levitt did a beautiful job trying to straighten out their problems and they Cottage Grove City Council 7 October 5, 2011 Regular Meeting had many. She commented that she did a great job. It is not done yet, but he was sure it would be by spring. Mr. Cook also commented that more water ended up in the street than on the sod. Mr. Cook asked if there was a reason why a Cottage Grove truck was watering versus the subcontractor. Public Works Director Burshten stated that they took responsibility and wanted to help out. There being no further comments from those in attendance, Mayor Pro Tem Olsen closed the public hearing. The City Council spent a significant amount of time discussing the interest rate charged on the assessments. Council Member Lehrke stated he believes the amount was excessive in a day and age where we are today. He stated that he would like to see the interest rate be more reasonable. Council Member Thiede stated that he thinks there was a certain amount of logic in the whole discussion on the interest rate last year and for the City to maintain a stable 7% interest rate opposed to having it go all over the place. Council Member Thiede suggested discussing this at a future meeting, knowing that there would be no change in the interest rate on this year’s project. The discussion would include what the impact would be if a change were approved retroactively, what impact it would have on the future, and whether we would be able to put some facts together so we are not just guessing. Council Member Lehrke stated that he appreciates Council Member Thiede’s request and he looks forward to discussing the policy because we are clearly in a different time than we were in 1994. Mayor Pro Tem Olsen stated that he would be in favor of reconvening the Pavement Management Task Force to study the current day affects of our policies. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2011-137, A RESOLUTION ADOPTING ASSESSMENTS FOR THE 2011 PAVEMENT MANAGEMENT HOWARD’S ADDITION (DISTRICT A) AND PINE COULEE AND COUNTRYWOOD (DISTRICT I) ROAD PROJECT. MOTION CARRIED. 3- 1 (COUNCIL MEMBER LEHRKE VOTED NAY). C. Conduct the Public Hearing Considering the Assessment at Properties for the Removal of Public Safety Hazards. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO ADOPT RESOLUTION NO. 2011-138, A RESOLUTION Cottage Grove City Council 8 October 5, 2011 Regular Meeting ADOPTING SERVICE CHARGES FOR THE REMOVAL OR ELIMINATION OF PUBLIC SAFETY HAZARDS FROM PRIVATE PROPERTY. MOTION CARRIED. 4-0. D. Hold Public Hearing to Consider a Written Spending Plan for Tax Increment Expenditures MOTION BY MAYOR PRO TEM OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO CONTINUE THE PUBLIC HEARING TO THE NOVEMBER 16, 2011 REGULAR MEETING TO CONSIDER A WRITTEN TAX INCREMENT SPENDING PLAN. MOTION CARRIED. 4-0. 7. BID AWARDS - None. 8. UNFINISHED AND NEW BUSINESS A. Consider Approving and Interim Conditional Use Permit (ICUP) to Allow for Limited Exterior Storage of Material within an Enclosed Area at Werner Electric, th 7450 95 Street South, Cottage Grove. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER LEHRKE, TO ADOPT RESOLUTION NO. 2011-139, A RESOLUTION APPROVING AN INTERIM CONDITIONAL USE PERMIT TO ALLOW FOR LIMITED EXTERIOR STORAGE OF MATERIAL WITHIN AN ENCLOSED AREA TH AT WERNER ELECTRIC, 7450 95 STREET SOUTH, COTTAGE GROVE. MOTION CARRIED. 4-0. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS – None. 10. COUNCIL COMMENTS AND REQUESTS Council Member Peterson noted that the next Human Services/Human Rights Commission meeting is October 12; Beyond the Yellow Network meeting is October 18; the Strawberry Fest Monster Bash will be October 28; and the Strawberry Fest Halloween Parade is October 29. Finance Director Roland provided a brief explanation on how the State credit rate affects the City’s credit rate or ability to bond. Council Member Lehrke stated that Fire Prevention Week is October 9-15 and there would be an open house on October 13 at the Fire Stations. Council Member Peterson stated that the month of October 2011 is Domestic Violence Awareness Month. Mayor Pro Tem Olsen expressed concern that we do not have street lights on Hardwood Avenue South noting that it is a heavily traveled road that already has the infrastructure underground to provide the requested street lighting at some point. There are a number of concerns related to wildlife that crosses the road on a regular basis, such as turkey Cottage Grove City Council 9 October 5, 2011 Regular Meeting and deer. He asked staff what it would take to get some sort of lighting on Hardwood and that we talk about it in greater detail during the discussion on the Capital Improvements Program. Lastly, he stated that he has been reading articles that once again takes the City Council to task for failure to delegate their responsibilities to the citizens on the Public Safety/City Hall facility project. It was his understanding that in terms of a referendum, we are not able to delegate our responsibilities unless there is going to be a subsequent tax increase. He asked whether that was correct. City Administrator Schroeder stated that it is true that there are specific rules that relate to referendums and what the City can and cannot ask. The simplest answer is that the City Council cannot delegate its responsibility to the citizenry. He noted that an example would be the Christmas light decorations poll that has been mentioned, had the City Council done something like that in an official way that would have been illegal. We could not have a referendum on something like that. Corrine Heine stated that due to the manner in which that project was funded, that funding did not require or allow a referendum or public vote. There are some types of financing that do require public votes in a referendum and others that do not. If it is not required, then you are not allowed, to expend public money to have a poll or to have the public vote on an issue because that is your responsibility as an elected official. Mayor Pro Tem Olsen stated that it revolves more around the funding mechanism and the fact that we took advantage of a very strong interest in funding this project through private placement that precludes us from any sort of conversation around referendum. City Attorney Heine stated that that was correct. Mayor Pro Tem Olsen then thanked the residents of Pine Coulee/Howards Addition, who were extremely respectful, your questions were really good, they were directed appropriately and he just wanted to say how much he personally appreciates that. It is always nice to deal with people who just handle things on a very professional level. Thank you very much. Responding to concerns expressed by Council Member Lehrke, City Attorney Heine corrected him by stating that there are a lot of different ways that cities can borrow money, some require public votes, some provide an opportunity for it but does not require it, and in some cases it is not required at all. In this instance, the way that the City chose to finance the project does not require a public vote and the courts have been very consistent in saying that you cannot just have an election on an issue just to find out what the public thinks. City Attorney Heine stated that the question you asked about property taxes, whether property taxes are going up or down or staying the same, and the statutes does not talk about that. The statutes only talk about borrowing money, the circumstances for which the money is borrowed, and all of the different technical requirements or procedural requirements, but they are not tied into whether taxes are going up or down. City Administrator Schroeder stated that this matter would be scheduled for discussion at the next meeting. Mayor Pro Tem Olsen asked if there were any other Council Comments and Requests. Cottage Grove City Council 10 October 5, 2011 Regular Meeting There being none, he moved on to the next item on the agenda. 11. PAY BILLS MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE PAYMENT OF CHECK NUMBERS 173769 THROUGH 173910 TOTALING $784,444.64. CHECK NUMBERS 173769 THROUGH 173796 TOTALING $116,081.35 WERE ISSUED PRIOR TO CITY COUNCIL APPROVAL. MOTION CARRIED. 4-0. 12. WORKSHOP SESSION – OPEN TO PUBLIC – None. 13. WORKSHOP SESSION – CLOSED TO PUBLIC – None. ADJOURNMENT MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY PETERSON, TO ADJOURN THE REGULAR MEETING AT 8:03 P.M. MOTION CARRIED. 4-0. Prepared by, Caron M. Stransky City Clerk