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HomeMy WebLinkAbout2001-12-05 MINUTES c . ' AGENDA COTTAGE GROVE CITY COUNCIL DECEMBER 5, 2001 CLOSED WORKSHOP - 6:30 P.M.: UNION NEGOTIATIONS Persons wishing to address fhe 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 fhe 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 Meeting are televised LIVE, airing on Government Channel 16. 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. September 5, 2001 Special Meeting. **B. October 17, 2001 Regular Meeting. 4. CONSENT CALENDAR A. Accept and Place on File the Following Minutes: i. Planning Commission of October 22, 2001. B. Consider adopting a resolution in support of establishing express bus service from Cottage Grove to Minneapolis. Staff Recommendation:Adopt the resolufion. With the reconstruction of Highway 61 and the Wakota Bridge beginning in 2002, the City would like to encourage alternate modes of fransportation thaf would alleviate the resulfing congestion. , DECEMBER 5, 2001 AGENDA Cottage Grove City Council C. Consider adoption of a resolution approving final payment in the amount of $67,804.00 to Wells Concrete Products for the Salt Shed Facility Project. Staff Recommendation:Adopt the reso/ution and�na/payment. The contractor, Wells Concrete Products, in accordance with the contracf p/ans and specificafions, has satisfactorily completed the work. D. Consider receiving the prosecution services update and awarding renewal of the existing prosecution services contract to Joseph Taylor for 2002 —2004. Sfaff Recommendation:Receive the update and award the renewal of the contracf for 2002— 2004. Hour/y fees for this confracf are$75/Hour with annual fee caps of$103,500 for 2002, $106,000 for 2003, and$108,500 for 2004. E. Consider approving pay request#1 in the amount of$12,204.92 to Keys Well Drilling for Municipal Well #6 repair work. $25,000 is available in the Water budget for well repairs. Staff Recommendation:Approve payment#1 in the amount of$12,204.92 to Keys Well Drilling. F. Consider adopting the resolution updating the personnel policy. Staff Recommendation:Adopt the resolution. **G. Consider motion to delete finro unsupervised skating rinks at Beldon and Kingston Parks and install a new unsupervised rink at Arbor Meadows Park. Staff Recommendation:Motion to delete two unsupervised skating rinks at Beldon and Kingston Parks and insfall a new unsupervised rink at Arbor Meadows Park. **H. Consider authorizing and directing staff to commence legal action for the property at 7699 — 110th Street. Staff Recommendation:Motion aufhorizing and direcfing staff to commence legal acfion for the property af 7699— 110th Sfreet. ***I. Consider adopting a resolution authorizing the installation of a stop sign on 72nd Street at Hidden Valley Trail. Staff Recommendation:Adopt the resolution authorizing the installation of a stop sign on 72nd Street af Hidden Valley Trail. This action item was reviewed and approved by the Public Safety Commission on 11/13/01. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES 6. PUBLIC HEARINGS A. Hold the public hearing on the proposed street improvements in the 2002 — 2004 Pavement Management project in the Thompson Grove neighborhood, and adopt the resolution ordering improvements and authorizing Bonestroo Rosene Anderlik & Associates to prepare the plans and specifications. Staff Recommendation:Hold the public hearing and adopt the resolution. B. Conduct the public hearing to receive public input on the 2002 proposed budget and 2001 property tax levy for taxes collectable in 2002, and adopt resolutions approving the 2002 budget and the 2001 property tax levy for taxes collectable in 2002. Staff Recommendation: Conduct ihe public hearings and adopt the resolutions. 7. BID AWARDS 8. UNFINISHED AND NEW BUSINESS A. Consider accepting and discussing the Human Services/Human Rights Commission report on Senior Housing in Cottage Grove. Staff Recommendafion:Accept the Human Services/Human Rights Commission report on Senior Housing in Cottage Grove. . . DECEMBER 5,2001 AGENDA , Cottage Grove City Council B. Provide direction to staff regarding preparation of Requests for Proposals (RFP) to plan and construct a senior-housing project. Staff Recommendation:Provide direction fo staff regarding preparation of Requesfs for Proposa/s(RFP)to p/an and construct a senior-housing project. C. Consider adopting the resolution ordering the abatement of conditions creating a hazardous property and nuisance at A & F Auto, 10876 Ideal Avenue. Staff Recommendation:Adopt the reso/ution ordering the abatement of conditions creating a hazardous property and nuisance at A &F Auto. D. Consider location of a neighborhood park in Hidden Valley. Staff Recommendation:Se/ect a/ocation for a neighborhood park in Hidden Valley. E. Consider resolution establishing rates for the use of water furnished and for the use of sanitary sewer system and other rules or regulations pertaining to the billing thereof, repealing resolution No. 97-249. Staff Recommendation:Adopf reso/ution establishing the utility rates for 2002 and repealing the previous reso/ufion No. 00-249 that set the rates for the year 2001. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS 10. COUNCIL COMMENTS AND REQUESTS 11. PAY BILLS A. Approve payment of check numbers 121495 to 121674 in the amount of $636,725.96. 12. WORKSHOP SESSION — OPEN TO PUBLIC 13. WORKSHOP SESSION — CLOSED TO PUBLIC ADJOURNMENT * Contains Supplemental Information. ** Packet Item Submitted 12/3/01. *** Packet Item Submitted 12/4/01. REGULAR MEETING COTTAGE GROVE CITY COUNCIL December 5, 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 Rod Hale Council Member Cheryl Kohls Council Member Jim Wolcott Also Present:Ryan Schroeder, City Administrator Ron Hedberg, Finance Director John Mickelson, Public Safety Director Kim Lindquist, Community Development Director Les Burshten, Public Works Director Jerry Bourdon, City Engineer, BRAA Michelle Wolfe, Assistant City Administrator Corrine Thomson, City Attorney, Kennedy and Graven Not Present: Council Member Pat Rice 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, December 5, 2001, at the Cottage Grove City Hall, 7516 80'h Street South. Mayor Shiely called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor Sandy Shiely Council Member Rod Hale Council Member Cheryl Kohls Council Member Jim Wolcott Not Present: Council Member Pat Rice Also Present:Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Regular Meeting—December 5, 2001 Cottage Grove City Council Page 2 John Mickelson, Public Safety Director Jerry Bourdon, City Engineer, BRAA Les Burshten, Public Works Director Kim Lindquist, Community Development Director Michelle Wolfe, Assistant City Administrator Corrine Thomson, City Attorney, Kennedy and Graven Mayor Shiely presided over the meeting. ADOPTION OF AGENDA Mayor Shiely stated that she would like to add Item 13, Closed Workshop, and explained that it would be a continuation of the Union Negotiations Closed Workshop that began before the meeting. MOTION BY WOLCOTT, SECONDED BY HALE, TO APPROVE THE AGENDA WITH THE ADDITION. MOTION CARRIED 4-0. PRESENTATIONS NONE APPROVAL OF MINUTES A. September 5, 2001 Special Meeting B. October 17, 2001 Regular Meeting. Council Member Kohls referenced the meeting on October 17, 2001 stating that she was unable to attend as she was representing the City at the Red Rock Corridor Conference. She asked if this could be reflected in the minutes. The minutes were approved as amended. CONSENT CALENDAR MOTION BY WOLCOTT, SECONDED BY HALE, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MEETING MINUTES: i. PLANNING COMMISSION FOR OCTOBER 22, 2001. B. ADOPT RESOLUT/ON NO. 01-183 IN SUPPORT OF ESTABLISHMENT OF AN EXPRESS BUS ROUTE FROM COTTAGE GROVE TO MINNEAPOLIS. C. ADOPT RESOLUTION NO. 01-184 APPROVING FINAL PAYMENT IN THE AMOUNT OF $67,804.00 TO WELLS CONCRETE PRODUCTS ON THE SALT SHED FACILITY PROJECT. D. RECEIVE THE PROSECUTION SERVICES UPDATE AND AWARD THE RENEWAL OF THE EXISTING CONTRACT TO JOSEPH TAYLOR FOR 2002-2004. Regular Meeting—December 5, 2001 Cottage Grove City Council Page 3 E. APPROVE PAYMENT#1 IN THE AMOUNT OF $12,204.92 TO KEYS WELL DRILLING FOR MUNICIPAL WELL #6 REPAIR WORK. F. ADOPT RESOLUT/ON NO. 01-185 ADOPTING A PERSONNEL POLICY FOR THE CITY OF COTTAGE GROVE, REPEALING RESOLUTIONS 00-43 AND 01-166. G. MOTION TO DELETE TWO UNSUPERVISED SKATING RINKS AT BELDEN AND KINGSTON PARKS AND INSTALL A NEW UNSUPERVISED RINK AT ARBOR MEADOWS PARK. H. AUTHORIZE AND DIRECT STAFF TO COMMENCE LEGAL ACTION FOR THE PROPERTY AT 7699 110TH STREET. I. ADOPT RESOLUT/ON NO. 01-186 AUTHORIZING THE INSTALLATION OF A STOP SIGN ON 72ND STREET AT HIDDEN VALLEY TRAIL. MOTION CARRIED 4-0. Mayor Shiely stated that if anyone is present for issues on the consent calendar all have been passed. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES NONE PUBLIC HEARINGS A. 1. Public Hearing on the Proposed Street Improvements in the 2002-04 Pavement Management Project in the Thompson Grove Neighborhood. 2. Adopt Resolution for the Proposed Street Improvements in the 2002-04 Pavement Management Project in the Thompson Grove Neighborhood. Mayor Shiely stated that she would like to apologize for the confusion with the dates for the Neighborhood Meetings and the Public Hearing. She explained the purpose of the Neighborhood Meetings and Public Hearings to the Residents and Council. She suggested holding another Neighborhood Meeting at the Cottage Grove City Hall on December 18, 2001 from 4 p.m. to 7 p.m. She stated that this would provide those who missed the previous Neighborhood Meetings an opportunity to come and express their views and ask questions. She stated that they would like to continue with the Public Hearing process over a two- meeting period. She further stated that they would not be sending notices to all of the individuals again and it would be announced in the Bulletin and on the website. She also asked everyone attending to please let their neighbors know about the neighborhood meeting and the continuation of the Public Hearing. City Engineer Bourdon clarified that this is a Public Hearing and the Council could decide to proceed as planned, not to proceed or proceed with changes. He explained the process that they would take if they decided to proceed adding that there are two more milestones to accomplish before they can begin the project. He reviewed the content of the project adding that it requires consideration by both the Council and the Residents. He explained that they have had two Neighborhood Meetings and have prepared a Feasibility Report that is available to the public via the City website or they can stop into the City Hall to pick up a Regular Meeting—December 5, 2001 Cottage Grove City Council Page 4 copy. He reviewed the process for the Public Hearing for the Council and Residents. He reviewed the individuals available to answer their questions noting that any questions they would like to ask could be asked at the next neighborhood meeting. Mayor Shiely opened the Public Hearing at 7:42 p.m. Catherine Boss, 8873 Hadley Avenue South, stated that she is very excited about having the streets done adding that they have needed it for a long time. She respectfully requested that they take one more look at the safety of the pedestrians on Hadley. She reviewed the area with the Council noting visibility is not good, speed is fast and there is a large volume of traffic that would increase with the new developments. She stated that the children walk along Hadley Avenue to go to school and expressed her concerns for their safety. She suggested considering the safety issues before making a final decision. Colette Erickson, 8720 Greenway Avenue South, stated that after talking with her neighbors, they would like to have someone provide a proposal to repair the sewer in their neighborhood at the same time the streets are repaired. She stated that she had been told that as they upgraded, some of the septic tanks were left in the yards. She further stated that they would like the pipes from the house to the street repaired. Council Member Kohls stated that she did not realize that there were still homes with septic tanks. Council Member Hale stated that this question was presented at the Neighborhood Meeting. A member of the audience explained that part of the problem with the sewer is that it is a private system from the main to the house and it becomes a policy issue to replace the system. Council Member Hale clarified that Ms. Erickson is asking if there would be a way to coordinate the upgrade of their sewer at the same time the City repairs the streets. He further clarified that the City would not pay for this and asked the Council if there was a way that they could work to coordinate the timing. A member of the audience stated that there are several driveways in some of the neighborhoods that could be treated in the same fashion. He explained that many contractors do not like or will not work on private drives due to the same issues. Walter Muller, 8369 Goodhue Avenue, provided the Council with a background history for the installation of the septic tanks and restated the question asked by Ms. Erickson. He strongly urged that the City consider coordinating the upgrade of the sewers at the same time as the street repairs. MOTION BY KOHLS, SECONDED BY WOLCOTT TO CONTINUE THE PUBLIC HEARING ON THE PROPOSED STREET IMPROVEMENTS IN THE 2002-2004 PAVEMENT MANAGEMENT PROJECT IN THE THOMPSON GROVE NEIGHBORHOOD TO BE HELD ON DECEMBER 18, 2001. MOTION CARRIED 5-0. Regular Meeting—December 5, 2001 Cottage Grove City Council Page 5 B. Conduct a Public Hearing to Receive Public Input on the 2002 Proposed Budget and 2001 Property Tax Levy for Taxes Collectable in 2002. Finance Director Hedberg presented the Council with an overview of the 2002 Proposed Budget. He explained the purpose of the hearing is to present the 2002 proposed budget and to receive feedback from the Public. He stated that the presentation provides a comparison of the 2001/2002 budgets noting that with the recent legislation a number of changes have occurred that would impact the budget. He explained the process for calculations used to determine property tax rates and tax capacities and how the tax dollars are determined. He referenced the State credit that is applied to the bill adding that the City does not control this credit. He provided an overview of the 2002 Homestead Class Rates and how they compare to 2001. He provided an example of the Non Homestead Class Rates that included a look at 2002, as it would compare to 2001. He reviewed the Tax Capacity and Taxable Market Values that included a comparison between 2001/2002. He referenced the increase for 2002 and noted that the City of Cottage Grove lost $5.1 million in state revenues due to the changes made in the State Legislature. He provided an overview of the distribution of tax dollars between the City, County, and Schools. He explained that the burden has shifted from Schools to City and other jurisdictions due to the changes made by Legislature. Finance Director Hedberg provided examples of the changes and comparisons for the residential home market values and property taxes based on taxable market value. He provided examples of property tax changes for homes ranging in price from $69,400 to $350,000 that included a comparison between 2001 and 2002. He reviewed the statewide changes for the funding of local services with the Council. He stated that the State would take over a major portion of the funding for schools, homestead and agricultural. He explained that a homestead credit was created by the State to shift the property tax burden and the credit would be applied directly to the property tax bill. He stated that in the beginning of 2002 the State of Minnesota would have a Property Tax Levy in place for Commercial and Industrial properties and the State would also take over of the Transit levy. He reviewed the Levy limits with the Council. He reviewed the Net Tax Levy, the 2002 Property Tax Levy and Levy history with the Council. He noted a 10.2% increase over the previous year. Mayor Shiely asked if they are still in control of their budget. Finance Director Hedberg stated that they would still operate the budget and the funding would be received from the State. Finance Director Hedberg reviewed the tax supported spending amounts with the Council. He explained the financing process determined to cover all capital improvements during the period of time the ice arena was closed. He further explained that they would recover the expenses over a ten-year period. He reviewed the Unfunded Mandates, General Fund Revenues, Revenue Trends, Expenditures and a Summary of the Special Revenue Funds with the Council. He reviewed the Equipment Fund, Utility Rates for water, sewer and streetlights for 2002 and the calculations for the General Fund Balance as of December 31, 2002 with the Council. Regular Meeting—December 5, 2001 Cottage Grove City Council Page 6 Mayor Shiely referenced the school referendum and asked if this was included. Finance Director Hedberg stated that the school referendum was included. Mayor Shiely stated that the Washington County Tax statement that was just received does not include the school referendum adding that it could be an additional $300 depending on the value of the home. Mayor Shiely opened the Public Hearing at 8:28 p.m. Mayor Shiely closed the Public Hearing at 8:29 p.m. MOTION BY HALE, SECONDED BY KOHLS, TO ADOPT RESOLUT/ON NO. 01-187 ADOPTING THE 2002 BUDGET FOR THE CITY OF COTTAGE GROVE. MOTION CARRIED 5-0. MOTION BY WOLCOTT, SECONDED BY KOHLS TO ADOPT RESOLUT/ON NO. 01-188 ADOPTING THE 2002 LEVY. MOTION CARRIED 5-0. BID AWARDS NONE UNFINISHED AND NEW BUSINESS A. Accept and Discuss the Human Services/Rights Commission Report on Senior Housing in Cottaae Grove. Mayor Shiely stated that she was very impressed with the report. Bruce Schmidt, Commission Chair for the Human Rights Commission for Cottage Grove, thanked the Council and explained that they have been working on this for approximately four years. He stated that they are gratified to see it come to fruition and are very happy to see that senior housing will be coming to Cottage Grove. Council Member Kohls referenced the summaries provided and asked Mr. Schmidt to summarize the five levels of senior housing discussed in the report. She asked him to provide the Council with his recommendation. Mr. Schmidt asked Kathleen Kline to come forward and discuss the five levels of senior housing. Kathleen Kline reviewed the five levels of senior housing recommended in the report with the Council. She provided the Council with a detail of each level from independent living to nursing home options. She suggested considering the memory care units noting the increase in dementia. She stated that they are now finding pre-Alzheimer's symptoms in younger groups and they are in support of this type of care versus a nursing home. Regular Meeting—December 5, 2001 Coftage Grove City Council Page 7 Council Member Kohls asked if they are opening beds for this type of care. Ms. Kline stated that they are opening beds and explained the care process provided in a dementia unit. She explained that if the individual becomes unable to care for themselves they are then transferred to a nursing home. Council Member Kohls referenced the map for the proposed areas for senior housing stating that she read that the Human Services Commission is not ready to make a decision on location. She asked for clarification between the map and what was said in the packet. Mr. Schmidt explained that they are presently discussing finro sites and reviewed the locations with the Council. He stated that the Commission has had financial discussions with the individuals interested in developing these sites adding that a decision has not been made at this time. He stated that the developers have seen both sites and have expressed interest in building on both of the sites under consideration. Council Member Kohls referenced the income levels and asked Mr. Schmidt to comment on what they have discovered. Ms. Kline explained that developers have already addressed the Council for individuals who are interested in the $350,000 range. She stated that their primary interest is in assisting individuals in the middle to low income levels. She explained that there are several low- income residents in the area and what they are considering is a shallow subsidy that would be 60-80% of the median income for the area. She further explained that a Medium subsidy would be 50% or less and 40 individuals in this area would be interested in this level of housing. She stated that they are talking about a $1,400.00 cost for independent living and services that are provided on a fee basis. She stated that this is a HUD 202 program and explained the funding process to the Council. She stated that there is a great need for this type of housing noting that it would create affordable housing to younger families on the west side in comparison to developments presently being built in the area. Council Member Kohls stated that if they move forward, this would take a commitment from the Council and the Citizens of the Community. She stated that younger people need to recognize that we need to take care of our elderly. Mayor Shiely clarified that what they are asking is for Council to acknowledge the need for senior housing. She stated that speaking as one in five she is more than willing to acknowledge the need for senior housing in Cottage Grove and that a mixed development of income would probably be the most successful option for Cottage Grove. She stated that subsidized housing is more effective when mixed with the community versus separating. Ms. Kline clarified that 40% of the housing would be for lower level income and 60% would be at market rate. Mayor Shiely noted the reference for a request for subsidy adding that this would need further discussion. She referenced the next item on the agenda and asked if this item was piggybacking this report and if it would provide them with an avenue to determine a way to Regular Meeting—December 5, 2001 Cottage Grove City Council Page 8 help. Community Development Director Lindquist stated that this is the intent of the following agenda item. MOTION BY KOHLS, SECONDED BY WOLCOTT, TO ACCEPT THE HUMAN SERVICES/RIGHTS COMMISSION REPORT ON SENIOR HOUSING IN COTTAGE GROVE. MOTION CARRIED 5-0. B. Provide Direction to Staff regardinq Preparation of Requests for Proposals (RFP) to Plan and Construct a Senior Housing Project. Community Development Director Lindquist stated that the Human Services Commission has been exploring the provision of senior housing within the community for some time. She stated that a report from the Human Services Commission, discussed earlier in the agenda, outlines their findings and requests continued direction and support from the Council. She stated that Staff is recommending the Council take the next step in the provision of senior housing for the City. Council Member Hale suggested that they place the responsibility for procuring an RFP with the Community Development Department and include language stating that the support provided by the City, in general terms, would include incentives. He stated that they have two proposals for senior housing, neither of them fully meets all of criteria, and providing incentives in the RFP might encourage more involvement. Council Member Kohls agreed with Council Member Hale adding that it is time we move forward. She stated that this has been discussed for a long time and we all see the need. Council Member Wolcott stated that they should move forward with the proposal. He stated that he is a bit hesitant to identify incentives at this time. Council Member Hale clarified that his intent for suggesting the incentives was not to be specific but to just indicate the need for senior housing and what the City would do in terms of support. He stated that an RFP strongly indicates that the City is interested in the senior housing proposals and language about financial incentives, in general terms, which may encourage interested parties to apply. Mayor Shiely asked if it would satisfy the Council if the RFP states that it strongly supports. Council Member Hale stated he would like to see some reference that we would use whatever resources available to assist them. Council Member Wolcott stated that as long as it was not specific he could agree with this. Ms. Kline asked that if the City has received any responses that have not been provided to the Commission yet and if so could they provide their names so they can contact them and determine their needs and concerns. Council Member Kohls asked Grace Krumm to come forward and introduce herself and thanked her for her time and efforts. Regular Meeting—December 5, 2001 Cottage Grove City Council Page 9 John Walker, 7537 Emmanuel Court South, stated that he is representing a new group, the South Washington County Housing Coalition. He explained that the group was formed last November and they are interested in life cycle housing. He reviewed the process adding that this would provide senior residents a means with affordable housing. He stated that the homes in the area have doubled in value over the last 10 years. He stated that a tract should be available in Cottage Grove that provides affordable housing in the area because they want to provide it not because it is mandated by the State. He reviewed their monthly meetings and the issues they address with the Council. He invited the Council to join them at their monthly meetings and reviewed a list of strategic items for the Council to consider when making their decision for senior housing options. He reviewed a list of available options provided by the Land Trust and asked the Council to consider some of these suggestions. He explained the items to the Council and offered to provide them with information on the Land Trust. Mayor Shiely stated that this is great information noting that her class is presently working on this issue as a part of their grad standards requirement. Mayor Shiely called a break at 9:05 p.m. Mayor Shiely called the meeting back to order at 9:20 p.m. C. Consider Adopting the Resolution Ordering the Abatement of Conditions Creating a Hazardous Property and Nuisance at A & F Auto, 10876 Ideal Avenue. Community Development Director Lindquist stated that in June 2001 the City Council revoked the conditional use permit for A & F Auto, which allowed expansion of a non- conforming use of the property. She stated that by resolution the auto reduction/wrecking yard must cease operation on the property except for approximately one-acre, which generally encompassed the residence. She further explained that the property owner, Alvin Martin, was directed to clean up the site within the following five months so that the site was brought into compliance with the underlying zoning by November 30, 2001. She stated that the most recent inspection of the site by the City was on October 31, 2001. She stated that Staff had intended to conduct an inspection before the December 5, 2001 Council meeting and report any changes to the current report. She reviewed the results of the previous inspections with the Council adding that most recently they were not allowed on the site and it was apparent by view that the property has not been cleaned up. Community Development Director Lindquist stated that Bob Voss, Attorney currently working on this project, has forwarded several proposals regarding the matter. She reviewed the options presented with the Council and explained that given the lack of compliance with the Council's resolution and directive, Staff is recommending that Council take the next step in order to achieve compliance. She stated that this would allow the City to pursue clean up of the site through the nuisance ordinance provisions as well as state law addressing hazardous property. She stated that a memorandum from Jim Strommen, Kennedy and Graven, has been provided to explain the two processes. She stated that Mr. Martin, by Council direction, had five months to bring the site into compliance with the underlying zoning district. She stated that although some minor amounts of work have commenced, there is a Regular Meeting—December 5, 2001 Cottage Grove City Council Page 10 significant amount of clean up still required. She explained that she had spoken to a scrap dealer and the revenues made by scraping the inventory would cover the costs for the cleanup. She clarified that Staff has been concentrating basically on cleaning up the property based on inventory and they have not addressed the possible environmental issues associated with the property. She stated that concerns have been expressed regarding the environmental issues noting that the storage of items on the property has not been handled appropriately. Council Member Kohls noted in the Resolution, Item 6, back page, it is asking that they be authorized to remove the hazardous conditions from the property. She expressed her concerns noting that they do not want to be held liable for land cleanup and referenced the costs. She asked, in legal terms, for a clarification on hazardous conditions. She asked if this includes the soil and water issues. City Attorney Thomson explained that it was not intended to be used for the remediation and soil cleanup. She clarified that this authorizes the City to remove any hazardous conditions on the property; that it is due to inadequate maintenance, unsanitary conditions, and a hazard to public safety or health. She stated that it is only referring to those conditions on the property that have created a public health hazard and have been identified and do exist. Council Member Kohls stated that she has concerns that someone would come back and state that the City said they would clean it up. She asked if a caveat could be included to clarify that this does not include the soil and water issues. City Attorney Thomson stated that she did not think this would be necessary. She clarified that they do not know at this time if there is contamination adding that had it been discovered during an inspection or visit to the property it would have been reported and dealt with. She stated that this addresses the external and inventory items. Council Member Wolcott clarified that this would go before the District Court and asked for clarification. City Attorney Thomson stated that she would be presenting this to the District Court and explained the process to the Council. She stated that this would provide the City with a court order to enter the property and remove the hazardous conditions. She stated that the Court approves the costs and then applies the cost as a special assessment against the property. MOTION BY HALE, SECONDED BY WOLCOTT, TO ADOPT RESOLUT/ON NO. 01-189 ORDERING THE ABATEMENT OF CONDITIONS CREATING A HAZARDOUS PROPERTY AND NUISANCE AT 10876 IDEAL AVENUE SOUTH. MOTION CARRIED 5-0. D. Consider Location of a Neighborhood Park in Hidden Valle�r. Community Development Director Lindquist provided the Council of a brief overview of the four sites proposed by the Parks Commission to the Council. She stated that they presented three opportunities for Residents to provide their input before making the decision for placement of the park. She stated that the Citizens are concerned about the impacts of the park to their properties. She stated that this is a change from what was expected by the Residents in this area. She stated that this is geared for a small neighborhood park for children in the 5 to 12 year age ranges. She reviewed the suggested equipment for the park Regular Meeting—December 5, 2001 Cottage Grove City Council Page 11 with the Council. She stated that the Parks Commission has visited the two sites. She clarified that both sites would require some grading work and Site B would require fill in addition to grading. She stated that John Burbank is available to answer any questions by the Council. Council Member Wolcott stated that they normally recommend a location of a park when a development is still in progress and asked why they are considering a park now when the development is almost full. Community Development Director Lindquist expressed the concerns of the neighborhood stating that there is not a park facility close by for this neighborhood. At the time the project came through the Parks Commission did not recommend land dedication for a park due to the overhead lines. Council Member Wolcott stated that many times the developer charges more for lots that are designated for a park. He stated that this is not the way the City should be doing business. Council Member Kohls addressed Council Member Wolcott stating that people in this area have asked, several times, about a Park that had been identified early on and that they want this park. Council Member Wolcott stated that they should not be determining the site for a park when the development is finished. Mayor Shiely stated that the only recreational dedication discussed was for the trail along . Oakland Road. Council Member Hale referenced the open space and costs stating that the impact would be insignificant. He stated that the area is a small location between the two principle streets of the area and the access to the area could be an issue. He also noted that a parking lot was not provided. John Burbank stated that the Parks Commission is working on a trailway plan that would place a trailway system within the Xcel area corridors. He reviewed the areas with the Council. Council Member Hale stated that they normally dedicate a form of access and questioned whether the access would be directly from the street or was there an easement. Mr. Burbank confirmed that access would be directly from the street. Council Member Hale expressed concerns regarding the potential foot traffic and stated that this development does not lend itself to this type of park. Mr. Burbank agreed that there is a lot of foot traffic along Hidden Valley Circle and Hidden Valley Lane. Keith Getschel, 7265 Hidden Valley Trail, expressed his concerns regarding the location of the park. He stated that he would favor a park too if the park was not in his backyard. He explained that his children are grown and he is concerned about his property, as he and his wife are not home during the day. He agreed with Council Member Wolcott's statement regarding park planning and that it should be predetermined. He stated that many were told about the park during the course of development yet no one knew where the park was to be Iocated. He reviewed the issues identified and acknowledged that the City has the right to Regular Meeting—December 5, 2001 Cottage Grove City Council Page 12 place a park and asked that they consider all of the issues before making a decision. He expressed concerns regarding foot traffic and explained that he is on a corner lot, which would make it very easy to cut across his yard to gain access to the park. He stated that they have struggled with this decision and referenced two parks very close in the area. He stated that he does not want this park if the children would be unattended. Public Works Director Burshten stated that he visited all of the locations that were considered. He stated that the site being considered is a good area and he only considered it from a monetary aspect. He stated that he does not particularly like parks located under power lines. Mayor Shiely stated that she is not happy having to make this decision. She acknowledged the amount of work and public input they have received on this issue. She explained that due to recommendations from the Park Commission and approval of the Residents, she is leaning towards Site B as her first choice. She acknowledged the easy access for younger people and asked the Council for their input. Council Member Kohls stated that she is also leaning towards Site B and referenced the $8,000.00 cost. She stated that the cost is minimal and they need to consider and determine the best site. She suggested talking with the Mr. Rygh to see if he has anything to contribute that would assist with the grading. Public Works Director Burshten stated that this could be an option and they would look around for fill. Council Member Hale stated that he would select Site B for the same reasons given by Mayor Shiely. He explained that the other site would be too small and the access is too restrictive. Council Member Wolcott stated that they all make good rationale for Site B but that he would vote against this. He explained that he feels the City dropped the ball in the planning process ____ for this and stated that he does not want to see this happen again. MOTION BY HALE, SECONDED BY KOHLS TO APPROVE SITE B AS THE LOCATION FOR HIDDEN VALLEY PARK. MOTION CARRIED 4-1. (NAY-WOLCOTT) E. Consider Resolution Establishing Rates for the Use of Water Furnished and for the Use of Sanitary Sewer System and Other Rules or Regulations Pertaining to the Billinq Thereof Repealing Resolution No. 97-249. Finance Director Hedberg stated that the resolution follows up a number of the budget items discussed earlier. He reviewed the items covered under the Resolution with the Council stating that it would cover the rates for 2002 and it encourages conservation by changing the rate structure. He explained that the break-even point is about 7500 gallons per quarter. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 01-190 ESTABLISHING RATES FOR THE USE OF WATER FURNISHED AND FOR THE USE OF Regular Meeting—December 5, 2001 Cottage Grove City Council Page 13 SANITARY SEWER SYSTEM AND OTHER RULES OR REGULATIONS PERTAINING TO THE BILLING THEREOF: REPEALING RESOLUTION NO. 97-249. MOTiON CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND QUESTIONS NONE COUNCIL COMMENTS AND REQUESTS Council Member Hale stated that he had to raise a question of appropriateness. He stated that on December 19th they would have an action before them on the 70th and Hinton/Rygh proposal and in listening to comments made, he noticed one argument made is if the City took the appropriate action to make this parcel a PUD. He asked if they know what the issues are and referenced language in the Comprehensive Plan that discusses eligibility for a PUD and asked that the City Attorney review the issues to ensure that they are in compliance with their own ordinance. He stated that this appeared to be the biggest contention by the Residents who have participated in the meetings with the Planning Commission. Council Member Kohls agreed with Council Member Hale. City Attorney Thomson acknowledged his concerns and stated that she has received correspondence on the issue. Mayor Shiely stated that they would consider this issue on December 19, 2001. Council Member Hale suggested looking at the trails. He stated that he met with County and Park employees to discuss possible ways for the City and County to work together to find some form of access for our public along the river. He reviewed the areas discussed stating that whatever they do would create a need for a revision in the County's Master Plan. He stated that the plan initially did not include access to the slew area of the river because they wanted access at the channel and any changes would mean a need to add a revision. He referenced the improvements in this area noting that it would be a positive to take advantage, if possible, during the improvement process. Mayor Shiely stated that she would like to compliment the Cottage Grove Police Department. She stated that she had the opportunity to attend a meeting with the Chief and the parents at Pinehill School and it was wonderful to experience the communication and interaction. She stated that she was very impressed and complimented them on their high level of professionalism. PAY BILLS MOTION BY WOLCOTT, SECONDED BY KOHLS, TO APPROVE PAYMENT OF CHECK NUMBERS 121495 TO 121674 TOTALING $636,725.96. MOTION CARRIED 5-0. WORKSHOP SESSION — OPEN NONE Regular Meeting—December 5, 2001 Cottage Grove City Council Page 14 Mayor Shiely called a break at 10:06 p.m. She stated that continuation of the Closed Workshop for Union Negotiations would begin in ten minutes and is closed to the Public. Mayor Shiely called the meeting back to order at 10:15 p.m. WORKSHOP SESSION — CLOSED Present: Mayor Sandy Shiely Council Member Rod Hale Council Member Cheryl Kohls Council Member Jim Wolcott Also Present:Ryan Schroeder, City Administrator Ron Hedberg, Finance Director John Mickelson, Public Safety Director Kim Lindquist, Community Development Director Les Burshten, Public Works Director Jerry Bourdon, City Engineer, BRAA Michelle Wolfe, Assistant City Administrator Corrine Thomson, City Attorney, Kennedy and Graven Not Present: Council Member Rice A. Continuation of Union Neqotiations - Closed Workshop ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADJOURN THE MEETING AT 10:55 P.M. MOTION CARRIED 5-0. 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