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HomeMy WebLinkAbout2001-02-21 MINUTES AGENDA COTTAGE GROVE CITY COUNCIL FEBRUARY 21, 2001 Persons wishing to address the Council during this meeting are asked to fill out a "Speaker Signup Form"and return the form to any Staff Member prior to the start of the meeting. Speaker Signup Forms are located on each audience chair in the Council Chamber. OPEN FORUM - 7:15 P.M. Persons may address the City Council on subjects that are not a part of the Regular Meeting agenda, but must limit remarks to two (2) minutes. Open forum will adjourn to the Regu/ar Meeting promptly at 7:30 p.m. Open Forum and a portion of the Regular Meefing are televised LIVE, airing on Government Channel 16. NEW AMBULANCE PRESENTATION Before the regular meeting begins, the new Cottage Grove EMS ambulance will be parked outside the 80th Street entrance for inspection by Council Members and other interested pa►ties. REGULAR MEETING — 7:30 P.M. CALL TO ORDER— Mayor ROLL CALL—City Clerk 1. ADOPTION OF AGENDA 2. PRESENTATIONS 3. APPROVAL OF MINUTES A. January 31, 2001 Special Meeting. B. February 7, 2001 Regular Meeting. C. February 13, 2001 Special Meeting. 4. CONSENT CALENDAR A. Accept and Place on File the Following Minutes: i. Public Works Commission of January 8, 2001. B. Consider approval of Change Order No. 2 for the Pine Forest 5th Addition Project. Staff Recommendation:Approve Change Order No. 2. The work involved as part of this change order included the removal and replacement of cracked concrefe sidewalk panels on the project. C. Consider adopting a resolution accepting donations toward the purchase of an unbudgeted thermal imager for the Fire Department. SfaffRecommendafion:Adopt the resolution. Total donations to date equal$9,580.00. D. Consider issuance of a single-occasion gambling permit to Armstrong Elementary School PTA for a raffle to be held on February 23, 2001 at the Armstrong Elementary School, located at 8855 Inwood Avenue South, and to waive the $100.00 permit fee. Staff Recommendation:Authorize issuance of the permit and waive the permif fee. During the required background invesfigation by the Public Safety Departmenf, no facts were found that would constitute denial of the permif. FEBRUARY 21, 2001 AGENDA Cottage Grove City Council E. Consider approval of the fee resolution amending fees relating to sanitary sewer, water, and stormwater area charges. This resolution will repeal Resolution No. 00-254. These fees were originally included in Resolution No. 97-62, but will now be in the City's fee resolution. Consider adoption of the draft ordinance amending the application of stormwater area charges. Staff Recommendation: 1.Adopt the resolution amending fees relating to sanitary sewer, water, and stormwater area charges and repealing Resolution No. 00-254. 2.Adopt the ordinance amending the application of stormwater area charges. F. Receive the application for Community Development Block Grant (CDBG) funds and consider approval of the resolution supporting the 2001 CDBG Grant application. Staff Recommendation:Receive the application submitted for CDBG funds and approve the resolution supporting the 2001 CDBG application. ""G. 1. Consider approval of the subdivision agreement with 5th Street Ventures and D.R. Horton for the Pine Grove of Cottage Grove project. 2. Consider adoption of a resolution authorizing the preparation of plans and specifications for all public improvements. 3. Consider adoption of a resolution approving the plans and specifications and establishing a bid date of March 15, 2001. Staff Recommendation:Approve the subdivision agreement for Pine Grove of Cottage Grove. 2.Adopt the resolution aufhorizing the preparation of plans and specificafions for all public improvements for the Pine Grove of Cotfage Grove project. 3.Adopt the resolution approving the plans and specifications and establishing a bid date of March 15, 2001. "`*H. Consider adopting a resolution amending Resolution No. 00-38, which is the 2000 Pay Plan for Non-Represented Employees. Staff Recommendation:Adopt the resolution. This will amend the Pay Plan for Non-Represented Employees per Cify Council workshop discussion on February 13, 2001. "`'`I. Consider the appointment of Douglas Carlson to the position of Working Foreman in the Utilities Division of the Public Works Department. Staff Recommendation:Approve the appointmenf of Douglas Carlson to the position of Working Foreman in the Utilities Division;this is an exempt position within fhe bargaining group that will report directly to the Public Works Supervisor. The position performs a variefy of duties in the maintenance and operation of the City's water distribution and sanitary sewer systems and is directly responsible for the supervision of Utilities Division personnel as directed by the Public Works Supervisor. ""J. Consider the appointment of Gregory Niles to the position of Working Foreman in the Parks Maintenance Division of the Public Works Department. Staff Recommendation:Approve fhe appointment of Gregory Niles to the position of Working Foreman in the Parks Maintenance Division;this is an exempt position within the bargaining group that will report directly to the Public Works Supervisor. The position performs a variety of duties in the mainfenance and repair of City recreational facilities and is directly responsible for the supervision of Parks Maintenance Division personnel as directed by the Public Works Supervisor. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES 6. PUBLIC HEARINGS A. Hold public hearing on vacation of a drainage and utility easement for Lots 8 and 9, Block 1 Hidden Valley 9th Addition; and consider granting a drainage and utility easement vacation for Lots 8 and 9, Block 1, Hidden Valley 9th Addition. Staff Recommendation:Adopt the resolution granting drainage and utility easement vacation for Lofs 8 and 9, Block 1, Hidden Valley 9th Addition. 7. BID AWARDS A. Consider awarding a bid for a Driving Range Ball Machine and incidentals to Wittek Golf in the amount of$4,857.35 plus tax. Staff Recommendation:Award the bid to Wittek Golf. Wittek Go/f submitted the lowest of two bids received for the equipment. FEBRUARY 21, 2001 AGENDA Cottage Grove City Council 8. UNFINISHED AND NEW BUSINESS 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS 10. COUNCIL COMMENTS AND REQUESTS 11. PAY BILLS A. Approve payment of check numbers 117306 to 117480 in the amount of$690,495.15. 12. WORKSHOP SESSION —OPEN TO PUBLIC A. Workshop: Kimberly Court Drainage Issues. 13. WORKSHOP SESSION — CLOSED TO PUBLIC ADJOURNMENT * Contains Supplemental Information. �`�` Packet Items Submitted 2/20/01. � REGULAR MEETING COTTAGE GROVE CITY COUNCIL February 21, 2001 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 Pat Rice Council Member Cheryl Kohls Council Member Jim Wolcott Council Member Rod Hale Also Present: Ryan Schroeder, City Administrator Corrine Thompson, City Attorney, Kennedy and Graven Jerry Bourdon, City Engineer, BRAA Les Burshten, Public Works Director Kim Lindquist, Director of Community Development Jim Kinsey, Public Safety Director Robert Newby of Cottage Grove, Representative for the South Washington County Cable Communications Commission, responded to concerns raised by Council Member Kohls at the February 7th City Council meeting regarding sound quality, lighting, and design within the Council Chambers. Mr. Newby stated it is his job to help the leaders communicate with residents. Mr. Newby reviewed his responsibilities with the 1994 installation of telecommunications equipment in the chambers for voice and video image to the cable subscribers. Mr. Newby introduced his colleague, Bill Bruce, who stepped forward to continue clarification of the sound issues to the Council. Bill Bruce thanked the Council for their time stating he would address issues brought up at the last meeting that involved the original communications upgrade of the Council Chambers. Mr. Bruce reviewed the upgrades from the 1994 project with the Council. He stated they divided Council improvements into two areas explaining the Commission draws a line where they pay for equipment that affects the cable viewer and the City pays for equipment that affects the building. Mr. Bruce stated he was involved primarily with the equipment that affects the viewer and records the meetings. At the time of the project, he had recommended a type of microphone that was different to the type that had been installed, explaining the differences to the Council. Mr. Bruce stated the microphones are adjusted in ways that are not conducive to the pick up of the sound and reminded Council to re- adjust their microphones each time for optimal sound. Mr. Bruce reviewed cabling issues within the Council Chambers that affect the ability to hear noting a dramatic drop from the back of the room and that sound from the vents are loud and disruptive. He also noted that shared positions also cause sound adjustment issues for the microphones. He explained to the Council how to set their microphones and clarified the reasons for the settings. Mr. Bruce recommended a Needs Assessment that would include talking with Council Members. He suggested a one-time meeting at City Hall to discuss needs and improvements for this facility. Based Regular Meeting—February 21, 2001 _ Cottage Grove City Council Page 2 on feedback from this meeting, he would put together his recommendations to the Council and the Cable Commission. Council Member Kohls volunteered to be a Council Member representative for the Needs Assessment. She noted the sound for this evening was good but normally there is a difference and it is difficult to adjust. She stated it is obvious that an upgrade is needed and recommended moving forward with the Needs Assessment. She also noted the drop in the number of times the meetings are aired and thanked Bill Bruce for clarifying the issues regarding the airplay of the meetings. Bill Bruce addressed the airplay issue stating that changes had not been made with respect to the number of times Cottage Grove Council meetings are aired. Mr. Bruce explained each meeting is aired a total of five times—once live and four times in replay. He stated they are looking at the schedule, working to make changes on how to distribute airing, and improve coordination of the schedule. City Administrator Ryan Schroeder stated there will be one other Council Member and a staff member involved in the Needs Assessment. Council Member Hale and Council Member Wolcott stated they would be interested and possibly available for participation in the Needs Assessment. Mayor Shiely thanked Mr. Newby and Mr. Bruce for their time. Mayor Shiely requested a delay in the start of the meeting for approximately ten minutes. She invited everyone to come outside and look at the new City ambulance. NEW AMBULANCE PRESENTATION Before the regular meeting began, the new Cottage Grove EMS ambulance was parked outside the 80th Street entrance for inspection by Council Members and interested parties. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, February 21, 2001, at the Cottage Grove City Hall, 7516 80th Street South. Mayor Shiely called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor Sandy Shiely Council Member Pat Rice Council Member Cheryl Kohls Council Member Jim Wolcott Council Member Rod Hale Also Present: Ryan Schroeder, City Administrator Corrine Thompson, City Attorney, Kennedy and Graven Jerry Bourdon, City Engineer, BRAA Les Burshten, Public Works Director Kim Lindquist, Director of Community Development Jim Kinsey, Public Safety Director Regular Meeting—February 21, 2001 - Cottage Grove City Council Page 3 Mayor Shiely presided over the meeting. ADOPTION OF AGENDA Mayor Shiely noted a change to the agenda as a personnel matter has come up that requires a closed workshop at the end of the regular meeting. MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE THE FINAL AGENDA. MOTION CARRIED 5-0. PRESENTATIONS Mayor Shiely noted the new ambulance was presented outside, stating what a wonderful vehicle it is and that it has already completed 20 runs. Public Safety Director Jim Kinsey stated the ambulance has been in service for one week. He thanked the Mayor and Council for their support. APPROVAL OF MINUTES A. The minutes of the January 31, 2001 Special Meeting were approved as presented. B. The minutes of the February 7, 2001 Regular Meeting were approved as presented. C. The minutes of the February 13, 2001 Special Meeting were approved as presented. CONSENT CALENDAR Mayor Shiely requested Item 4G be removed from the Consent Calendar. City Administrator Ryan Schroeder stated clarification of a few items is needed on Item 4G befinreen Staff and the Administrator. The Council agreed to table Item 4G. Council Member Hale requested Item 4E be removed from the Consent Calendar. He stated he does not have an argument with the uniform rates for water, sanitary, and sewer but with storm water he is not in agreement with a uniform rate and will vote against it. He stated each district is unique based on topography and he does not think this is fair for the landowners. Council Member Kohls stated her agreement with Council Member Hale and supported removing Item 4E from the Consent Calendar for further discussion. E. Consider Approval of the Fee Resolution Amending Fees Relating to Sanitary Sewer, Water, and Stormwater Area Charges. This Resolution will Repeal Resolution No. 00-254. These fees were originally included in Resolution No. 97-62, but will now be in the City's fee resolution. Consider Adoption of the Draft Ordinance Amending the Application of Stormwater Area Charc,�es. Mayor Shiely requested discussion on Item 4E which has been removed from the Consent Agenda. Regular Meeting—February 21, 2001 Cottage Grove City Council Page 4 Council Member Hale stated they can subdivide the City into stormwater districts and each district is unique in terms of topography of that district and we can determine exact costs of providing for storm water runoff. He stated that to level off and charge a uniform rate would not be fair to the land owner. He stated if topography is such that it costs more for development, it is inherit in the development, and those who buy into that development should bear those costs. Council Member Wolcott clarified that some areas were being charged for storm water and others were not. However, it was felt that all should contribute to the cost of the storm water. Director of Community Development Kim Lindquist stated the other issue is that the figures for the variety of districts have not been reviewed since the revisions in stormwater quality regulations. She explained they are attempting to recognize those other districts that have not kept up with inflation for construction costs. The last stormwater revision was in 1982; those presently being administered have been revised since 1982. They have not applied the others due to the exception in the ordinance. Director of Community Development Lindquist stated there is a need to update since there has been advancement in terms of regulation for water quality. She stated a rate study is an expensive task, $13,000. The engineering firm has recommended some increases and they will be coming forward with significant increases in some areas because they have been lagging in comparison to others that have kept up with inflation costs for construction. She explained the problem now is that they do not know what those areas are. She noted there will be exceptions for some areas in the study. Council Member Kohls stated she agrees with Director of Community Development Lindquist with respect to costs but she also agrees with Council Member Hale with respect to area charges. City Engineer Jerry Bourdon noted that Council Member Hale's questions are legitimate policy type questions. He noted the bottom line, storm water drainage, is pretty complicated. He explained that this was started by calculating by district with some inequities coming out at that time. This is because some districts that are already developed are being charged high rates for areas that are less developed. He noted the charges can be looked at in a variety of ways but this is one way everyone , pays the same and it appears that it would balance the cost. Council Member Wolcott pointed out that no one is going to be charged anything unless they subdivide their land. That is the time when everyone needs to pay their fair share. He noted the Council has had much discussion on this subject and it seems to be in line with what other cities are doing. He stated he feels comfortable with the amount noting it is subject to change. Mayor Shiely stated it is subject to change and needs to be fair. She clarified with City Engineer Bourdon that the costs have been covered. MOTION BY MAYOR SHIELY, SECONDED BY WOLCOTT, TO ADOPT RESOLUTION NO. 01-012 AMENDING FEES RELATING TO SANITARY SEWER, WATER AND STORMWATER AREA CHARGES. THIS RESOLUTION REPEALS RESOLUTION NO. 00-254 AND TO ADOPT ORD/NANCE NO. 693 AMENDING THE APPLICATION OF STORMWATER CHARGES. MOTION CARRIED 3 (RICE, WOLCOTT, MAYOR SHIELY)— 2 (HALE, KOHLS). MOTION BY RICE, SECONDED BY WOLCOTT, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MEETING MINUTES: i. PUBLIC WORKS COMMISSION OF JANUARY 8, 2001. Regular Meeting—February 21, 2001 . Cottage Grove City Council Page 5 B. APPROVE CHANGE ORDER NO. 2 FOR THE PINE FOREST 5T" ADDITION PROJECT. C. ADOPT RESOLUTION NO. 01-013 ACCEPTING DONATIONS OF CASH FOR THE PURCHASE OF A THERMAL IMAGER FOR THE FIRE DEPARTMENT. D. APPROVE AND ISSUE A SINGLE OCCASION GAMBLING PERMIT TO ARMSTRONG ELEMENTARY SCHOOL PTA FOR A RAFFLE TO BE HELD ON FEBRUARY 23, 2001 AT THE ARMSTRONG ELEMENTARY SCHOOL, LOCATED AT 8855 INWOOD AVENUE SOUTH AND TO WAIVE THE $100.00 PERMIT FEE. E. THIS ITEM WAS REMOVED FROM THE CONSENT CALENDAR. F. ADOPT RESOLUTION NO. 01-014 SUPPORTING THE 2001 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM APPLICATION. G. THIS ITEM WAS TABLED. H. ADOPT RESOLUTION NO. 01-015 AMENDING RESOLUTION NO. 00-38 ADOPTING A 2000 PAY PLAN AND BENEFITS FOR EMPLOYEES NOT COVERED BY A LABOR CONTRACT FOR THE CITY OF COTTAGE GROVE. I. APPROVE APPOINTMENT OF DOUGLAS CARLSON TO THE POSITION OF WORKING FOREMAN IN THE UTILITIES DIVISION OF THE PUBLIC WORKS DEPARTMENT. J. APPROVE APPOINTMENT OF GREGORY NILES TO THE POSITION OF WORKING FOREMAN IN THE PARKS MAINTENANCE DIVISION OF THE PUBLIC WORKS DEPARTMENT. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES NONE PUBLIC HEARINGS A. Hold Public Hearing on Vacation of a Drainage and Utility Easement for Lots 8 and 9. Block 1, Hidden Valley 9th Addition and Consider Granting a Drainage and Utility Easement Vacation for Lots 8 and 9, Block 1, Hidden Valley 9`h Addition Mayor Shiely opened the public hearing at 7:55 p.m. There being no input, Mayor Shiely closed the public hearing at 7:55 p.m. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 01-016 GRANTING DRAINAGE AND UTILITY EASEMENT VACATION FOR LOTS 8 AND 9, BLOCK 1 HIDDEN VALLEY 9T" ADDITION. MOTION CARRIED 5-0. Regular Meefing—February 21, 2001 . Cottage Grove City Council Page 6 BID AWARDS A. Consider Awarding a Bid for a Driving Range Ball Machine and Incidentals to Wittek Golf in the Amount of$4,857.35 plus tax. City Administrator Ryan Schroeder stated the budget for this is $6,000 and the two bidders were close. Staff recommends awarding the bid to the low bidder. MOTION BY HALE, SECONDED BY WOLCOTT, TO AWARD THE BID FOR A DRIVING RANGE BALL MACHINE AND INCIDENTALS TO WITTEK GOLF IN THE AMOUNT OF $4,857.35 PLUS TAX. MOTION CARRIED 5-0. UNFINISHED AND NEW BUSINESS NONE RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS NONE COUNCIL COMMENTS AND REQUESTS Council Member Rice acknowledged the farewell party held this past Saturday night for former Mayor Jack Denzer. He noted that many people were in attendance (former Council Members, Mayors, Commission members and old friends) to roast an old friend. He stated that it was a good time for all that attended. Mayor Shiely agreed the evening was very fun. Mayor Shiely stated she and Council Member Rice attend the Nuisance Ordinance meeting held last week. They looked at noise levels, lighting, recreational fires, animal ordinances, and storage of vehicles. She stated the meetings are usually the second Monday of the month at 7:00 p.m. and stated interested parties can call the Community Development office for the dates. Mayor Shiely reported that she and Council Member Kohls went to League of Minnesota Cities Convention on Ethics and Government. She also spoke at the Chamber of Commerce luncheon and thanked them for their invitation. Mayor Shiely announced that tomorrow is the Red Rock Corridor meeting. Council Member Wolcott asked that the dates for the Nuisance Ordinance meeting be announced for those who would like to attend. Council Member Kohls reminded everyone that March is National Foodshelf month. She stated they are open on Tuesdays only. She also stated that for the month of March, any donations that you make are matched by other entities who make hefty contributions. Council Member Kohls stated that as of this year, you can specify the charitable organizations for your donations from the United Way. PAY BILLS MOTION BY WOLCOTT, SECONDED BY KOHLS, TO APPROVE PAYMENT OF CHECK NUMBERS 117306 TO 117480 TOTALING $690,495.15. MOTION CARRIED 5-0. Regular Meeting—February 21, 2001 Cottage Grove City Council ' Page 7 Mayor Shiely called a recess at 8:10 p.m. Mayor Shiely called the meeting back to order at 8:20 p.m. WORKSHOP SESSION — OPEN A. Kimberly Court Drainage issues. Mayor Shiely opened the continuation of the discussion for the Kimberly Court Drainage issues. Christopher Anderson of 10377 Kimberly Court South stated the drainage boundaries were never changed and he is getting the same amount of drainage as before. The culvert under the driveway can handle the water all at once but it doesn't stay in the designed ditch. He stated the two culverts are located on each side of the driveway but water does not get to the ditch. The pond holding basins are supposed to be there but they are not there. He stated the biggest issue the City and Planning has right now is that the house is too low. It was surveyed, signed and dated by a registered land survey but the survey the City is going on is not signed and dated and it is stamped VOID. Mr. Anderson stated his house is at an elevation of 832 feet, which is designated as safe but the way it was engineered is not working. He stated that this past summer with the heavy rains the water was up to his chest stating that he is 6 feet tall. He stated at that point it wouldn't matter if his house elevation was at 832 feet or 834 feet, the water does not get to the ditch. The elevation of the house doesn't matter, as the ditches are not in place. Community Development Director Kim Lindquist explained first that there is a major typo indicating 8- inch pipe instead of an 8-foot pipe. Second, a continuation of the discussion of information with the staff was brought to the Council. She stated there is clearly a flooding problem and the discussion was around how we can alleviate that for the future. She stated staff is recommending that, at a minimum, we should try to hit that 834 foot elevation stating that is the minimum level we could achieve and try to get higher working with the property owner. She stated an increase along the house, working in the channel area and then move away from the home would be a long-term perspective for the City. She stated they eventually will be recommending to the City to do the ponding and upstream improvements. Community Development Director Lindquist stated the ditch is actually an existing ravine. The City never intended to redefine the ditch or reroute it. She also explained they never intended a ponding upstream, which is why it was never included. The system was designed to use existing topography to move the water through the system, generally through the ravine. She stated there is an easement recognizing the water flows through the property. She noted Mr. Anderson's lot has a very wide and recognized easement. City Engineer Jerry Bourdon stated that ponding was being considered because of the location of the house. He stated he would do the ponding even if the house were not an issue to environmentally protect other properties. He stated he agrees the specifications were ill defined for the ditch. He stated a developer came to Eagle Ridge for the first time and addressed the drainage, placing homes out of harms way. He stated any improvements to channels along the way would only be considered an improvement. However, Mr. Anderson's house is in the area where the drainage is supposed to be. He stated they tried to model what could happen in nature and get the homes up high enough that they would be safe from flooding. He stated the lots were not graded because the developers wanted to allow the owners to develop the land the way they wanted. City Administrator Ryan Schroeder stated they should use this opportunity to improve the situation. He noted we have a situation that exists and there are some things the home owners could do to . Regular Meeting—February 21, 2001 . Cottage Grove City Council Page 8 alleviate the problem. The City does not believe it bears the additional responsibility but will accommodate the failing of the system on this property. He stated there are several issues here with respect to who is responsible and how does one repair and protect from structural damage. He suggested that a window well and grading should be done quickly as it would help alleviate some of the flooding. He stated that regardless of responsibility, litigation, and liability, there would be a future opportunity for upgrade which is a "gray area" stating the need is to dispense with the first two options. He noted they are less certain about what responsibility the City has. Council Member Kohls stated she had read the report and was going to come out to the site but was unable to due to snow. She noted the ditch that was designed in the overall development, clarifying that Mr. Anderson was claiming that they had mis-designed or did not construct according to specifications. She stated she would like to go back to notes from previous discussions as she is hearing a lot of what was said by the developer, what the owner was told, what the City said, to review the meeting notes and what may have been discussed. She stated she was confused as she was hearing it is a problem with the design from the City but also hearing it is not a problem with the design from the City. She suggested getting together to review the historical information as to what happened. Mr. Anderson stated a letter had been written discussing the water drainage in Eagle Ridge. He stated it was a discussion that was held before it was even a development. The issue has been present since the developer first decided to develop the land. All the water that is in the ditch is draining from the farm fields, roads, and two other developments at the top of the hill. Water runs down fine but when it gets to the point where it should turn, it takes on too much water and does not work. When this first happened, back in July 2000, he could not get anyone to come out and view the problem. He stated Les Burshten was the only one who came out to inspect before the snow was on the ground. He stated that baring the damage already done, he can build berms as a temporarily fix but he is concerned with where he will be in 6 months or 5 years from now. He noted that there is too much snow and the ground is frozen so there isn't much they can do right now. He does not have the original plans as his were damaged in the flood and the City threw away the originals. He stated the biggest issue is resolution of the water drainage. He asked the City to help with the grading and window wells, as he does not have the means to dig a ditch. He noted he is out $50,000 in property damage in addition to the City raising the value of his home by $50,000. He noted he does not have the money to do the work that needs to be done right now. He assured the Council he will do what needs to be done for the immediate resolution but asked the Council for their assistance in fixing the drainage problems on his property after the thaw. Mr. Anderson expressed his thanks to the Council for the time and for listening. Council Member Hale stated he did not think the historical data will matter and they need to discuss elevation requirements. He stated he did look at the property today suggesting they go in with a backhoe and widen the ditch for the drainage. Mayor Shiely stated that the Council cannot make a decision during a Workshop discussion. She noted she is not sure what direction to take at this time noting there is a need to do a temporary fix in the meantime. She stated they would not be able to address a long-term solution until the property is more visible noting they are not sure at this time what they can do. Mayor Shiely assured the owner the Council was here to listen. She assured the owners that the Council does care about the situation but at this time there is nothing they can do. She suggested the Council reopen discussion when the frost is gone to discuss what can be done to resolve the drainage problem. Public Works Director Les Burshten stated there is 5 feet of frost in the ground right now and the City does not have the equipment to dig at this point. He stated they need to do something around the . Regular Meeting—February 21, 2001 . Cottage Grove City Council Page 9 window well right now to prevent anything further from occurring. He recommended sandbagging around the window well by at least 3-4 feet noting the only way to fix the problem is to fix upstream. He noted that is the natural flow of the water and they have to protect their home now before something catastrophic occurs. Council Member Kohls recommended, before the frost is out, to have a report back from an engineering company with recommendations on what can be done. She suggested a review of the historical information of the property asking if what they saw in 1966 is what they see happening today, strongly emphasizing the need to regroup to discuss what needs to be done. WORKSHOP SESSION — CLOSED A. Personnellssues MOTION BY WOLCOTT, SECONDED BY KOHLS, TO CLOSE THE MEETING AT 9:15 P.M. MOTION CARRIED 5-0. Present: Mayor Sandy Shiely Council Member Pat Rice Council Member Cheryl Kohls Council Member Jim Wolcott Council Member Rod Hale Also Present: Ryan Schroeder, City Administrator Corrine Thompson, City Attorney, Kennedy and Graven The Council met in closed session, pursuant to the open meeting law, to receive an update from the City Administrator on potential litigation. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADJOURN THE CLOSED SESSION AND RECONVENE THE REGULAR MEETING. MOTION CARRIED 5-0. ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY RICE, TO ADJOURN THE REGULAR MEETING AT 10:00 P.M. MOTION CARRIED 5-0. Respectfully submitted, Caron M. Stransky City Clerk . � � �--►1.� Bonita Sullivan TimeSaver Off Site Secretarial, Inc.