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HomeMy WebLinkAbout2008-10-15 MINUTESREGULAR MEETING COTTAGE GROVE CITY COUNCIL October 15, 2008 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. Present: Mayor Sandy Shiely Council Member Myron Bailey Council Member Fred Luden Council Member Pat Rice Also Present: Ryan Schroeder, City Administrator Howard Blin, Community Development Director Les Burshten, Public Works Director Ron Hedberg, Finance and Administrative Services Director Corrine Heine, City Attorney Jennifer Levitt, City Engineer Craig Woolery, Public Safety Director Not Present: Council Member Mark Grossklaus Mayor Shiely opened the Open Forum at 7:15 p.m. Dennis Plan, 8027 77 Street, cited complaints including allegations that a City worker sprayed blue paint on two areas by his home that need repair, fresh asphalt was dug up by four storm drains, numerous manhole covers are below City standards, installation of an additional gas line that has no apparent benefit, and dissatisfaction with the recently completed roundabout. There being no additional speakers, Mayor Shiely closed the Open Forum at 7:18 p.m. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on Wednesday, October 15 2008, at the Cottage Grove City Hall, 7516 80 Street South. Mayor Shiely called the meeting to order at 7:30 p.m. Regular Meeting — October 15, 2008 Cottage Grove City Council ROLL CALL Present: Mayor Sandy Shiely Council Member Myron Bailey Council Member Fred Luden Council Member Pat Rice Also Present: Ryan Schroeder, City Administrator Howard Blin, Community Development Director Les Burshten, Public Works Director Ron Hedberg, Finance and Administrative Services Director Corrine Heine, City Attorney Jennifer Levitt, City Engineer Craig Woolery, Public Safety Director Not Present: Council Member Mark Grossklaus (arrived at approximately 8:00 p.m.) ADOPTION OF AGENDA Mayor Shiely reported amendments made to the evening's agenda, that the Citizen Lifesaving Award presentation would precede the Recreation Works Volunteers presentation. MOTION BY BAILEY, SECONDED BY LUDEN, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 4-0. PRESENTATIONS A. Citizen Lifesavinq Award — Chandler Nctuven The Public Safety Director described events which led to the lifesaving 911 call by Chandler Nguyen to save the life of his father and acknowledged the dispatcher and City responders. Mayor Shiely and the Council presented Chandler Nguyen with the City's Citizen Lifesaving Award in appreciation for the service to his father on March 26, 2008. The family thanked the paramedics, 911 dispatcher, and Cottage Grove Police as well as family, friends, neighbors, and colleagues who supported them. Mayor Shiely extended thanks to the City staff who were involved in the assistance call. B. Recreations Works Volunteers Molly Petruszewski of the Recreation Department recognized and presented plaques to the 2008 Summer Recreation Workers: Chelsea Butler, Holly Butler, Sean Gill, Dakota Holman, Sammi Lardani, Jillian Lenser, Morgan McCarthy, Mia Miller, Henry Newton, Zachary Smith, 2 Regular Meeting - October 15, 2008 Cottage Grove City Council Ellen Stein, Tyler Stewart, Annie Van Haren, Katie Van Haren, Jordan Vanselow, Jacob Welter, Sean Williams, and Sara Zimmer. Mayor Shiely acknowledged the work of the recreation workers and said the City is very appreciative of their service. APPROVAL OF MINUTES A. September 3, 2008, Special Meetinq B. Mayor Shiely stated that the minutes stood approved as submitted. C. S�tember 17, 2008, Reqular Meetinq Mayor Shiely stated that the minutes stood approved as submitted. CONSENT CALENDAR Council Member Bailey pulled Item E, Cottage Grove Ice Arena Expansion Project, to acknowledge donations by RSP Architects, Ichor, Sherwin Williams, and Dennis Heldman. MOTION BY RICE, SECONDED BY LUDEN, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: I. NOVEMBER THROUGH DECEMBER 2007 AND JANUARY THROUGH JULY 2008 HUMAN SERVICES/HUMAN RIGHTS COMMISSION MEETINGS. B. ADOPT RESOLUTION NO. 08-183 AUTHORIZING PUBLICATION OF ORDINANCE NO. 845 BY TITLE AND SUMMARY. C. APPROVE THE 2009 CURRENCY EXCHANGE LICENSE RENEWAL APPLICATION THROUGH THE MINNESOTA DEPARTMENT OF COMMERCE FOR TINA LUYMES/DBA IN CONCERT, LOCATED AT 7280 EAST POINT DOUGLAS ROAD. D. AUTHORIZE ISSUANCE OF A SINGLE-OCCASION GAMBLING PERMIT TO COTTAGE GROVE ELEMENTARY P.T.O. TO CONDUCT A RAFFLE AT COTTAGE GROVE ELEMENTARY SCHOOL ON OCTOBER 24, 2008. E. ADOPT RESOLUTION NO. 08-184 ACCEPTING DONATIONS TOTALING $3,036.26 FOR THE ICE ARENA EXPANSION PROJECT. F. AUTHORIZE WALKER ROOFING TO REPLACE THE ROOF OVER THE PUBLIC SAFETY GARAGE. MOTION CARRIED 4-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES A. Response reqardinq enqineerinq prolect Mayor Shiely reported that Mr. Plan had received a response from staff, as Mr. Plan 3 Regular Meeting — October 15, 2008 Cottage Grove City Council acknowledged to in his address to Council. PUBLIC H�ARINGS A. 1) Conduct public hearinqs considerinq the followina proiects: Pine Arbor 3"' ($121,402.56), Summerhill Crossinq 1", 2"" ar �$91,882.15); and 2) Consider adopting the resolutions adoptinq the assessments Mayor Shiely opened the public hearing at 7:49 p.m. regarding the assessment of public improvements for Pine Arbor 3� for $121,402.56. There being no speakers, Mayor Shiely closed the public hearing at 7:49 p.m. MOTION BY BAILEY, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 08-185 ADOPTING ASSESSMENTS TOTALING $121,402.56 FOR PUBLIC IMPROVEMENTS FOR PINE ARBOR 3 MOTION CARRIED 4-0. Mayor Shiely opened the public hearing at 7:50 p.m. regarding the assessment of public improvements for Summerhill Crossing 1 St , 2" and 3� for $91,882.15. After some address clarifications expressed by attendees, Mayor Shiely closed the public hearing at 7:51 p.m. MOTION BY RICE, SECONDED BY LUDEN, TO ADOPT RESOLUTION NO. 08-186 ADOPTING THE ASSESSMENT TOTALING $91,882.15 FOR PUBLIC IMPROVEMENTS FOR SUMMERHILL CROSSING 1 sT� 2ND� AND 3 MOTION CARRIED 4-0. B. 1) Conduct the public hearinq considerina the assessments for the removal of weeds on private property and 2) Consider adoptinq the resolution adoptinq the assessments Mayor Shiely opened the public hearing at 7:53 p.m. for the assessments for removal of noxious weeds and plants from private property. A resident at 8414 66 Street stated that he owned a house with his sister Kelly and brother-in-law Justin and that they believe it is not fair that they absorb the $90.75 bill for weed removal, as the previous owner did not reveal the charge when they purchased the home. The Community Development Director suggested to Council removing their address from the assessment property list for further investigation and resolution. The City Attorney provided legal advice to attendees, stating that title companies typically specify that they do not warrant the title against any fees imposed by cities for delinquent utilities. She advised that potential owners ask sellers the questions that are needed, as to 4 Regular Meeting — October 15, 2008 Cottage Grove City Council whether they have received any notices of violations, and also check with relevant cities as to whether any pending assessments or projects have been ordered for their properties. Gail Bauer, 7381 Hydram Avenue South, asked how to go about making people aware of the need for weed removal from properties, as one of her neighbors has thistles. The Community Development Director stated that residents can contact his department at 651- 458-2800 to make a report. There being no additional speakers, Mayor Shiely closed the public hearing at 8:57 p.m. MOTION BY RICE, SECONDED BY BAILEY, TO ADOPT RESOLUTION NO. 08-187 ADOPTING THE ASSESSMENTS TOTALING $3,858.79 FOR REMOVAL OF WEEDS ON PRIVATE PROPERTY, EXCLUDING 8414 66 STREET. MOTION CARRIED 4-0. It was noted that Council Member Grossklaus joined the meeting at approximately 8:00 p.m. C. 1) Conduct the qublic hearinq considerina the assessment of the qublic improvements for the 2008 Pavement Manaqement Proiect and 2) Consider a resolution adoptinq assessments for the above proiect The City Engineer described projects included in the 2008 Pavement Management Project and said there is a need to preserve streets and utility networks. She identified the streets that were included in the project (which also included some sanitary sewer repair, water main replacements, and trunk water main work) and noted that Xcel was also doing work for gas mains in the same areas. The Finance Director described assessments for the 2008 Pavement Management Project and cited the program's history. He reported on the water use compa�ison, which showed no more water use in Pavement Management Project areas than there was City-wide, and described how assessments are determined (based on 45% of project costs), with 32% assessed to homeowners. If Council approves the assessments, they will be payable over 15 years at 7% interest and will avoid any interest charged if paid within 30 days of adoption. The first payment will accompany the property tax bill in May 2009, with a second in October 2009, and continue for the next 14 years. Principal amounts will be divided by 15, stay the same each year with the interest portion going down each year. If Council approves the assessments, the City will distribute a letter with an accompanying amortization schedule. The Finance Director reported having received at the evening's meeting a handwritten letter from Richard Carlson, 7675 Ideal Avenue South, objecting to the assessments related to the curb. Council Member Grossklaus asked the City Engineer if there is a punch list that needs to be completed. She stated that the contractor has met the contractual agreement and a punch list should be completed tomorrow, subject to the contractor making necessary corrections. 5 Regular Meeting — October 15, 2008 Cottage Grove City Council Mayor Shiely opened the public hearing at 8:19 p.m. for the assessment of public improvements for the 2008 Pavement Management Project. Dennis Plan, 8027 77 Street, displayed photos to show items that he wants fixed as a result of the improvements, adding that there are manhole covers on 80�' and one by his house that are at least finro inches below the road. Gail Bauer said different options for payment were proposed at a previous Council meeting and asked why an option to pay by the end of the year was not proposed, rather than a 30- day deadline. The Finance Director stated that 30 days is required by statue, as assessments by law have to be certified by the County Auditor no later than November 30, which is the latest that can done this calendar year. Gail Bauer further commented that current conditions are economically difficult for property owners and asked how to go about deferring assessment because she has a partner that is disabled. The Finance Director recommended that she call City Hall at 651-458-2800 and tell them that she is requesting a form for senior or deferral process for special assessments. Harold Walton, 7711 Ideal, reported that Xcel had tore up curb for a gas line across from his house, which he asked that they fix. He had been told that "someone will be along shortly" but they never came, and so he tried to repair the damage and sodded his property. He also reported that a mail box had been hit with a road grader at 7710 and a chain link fence at the high school field near visitor bleaches is in bad shape and should be repaired by whoever is responsible. Donald Alf, 7304 Inwood Avenue South, reported that he had a plumber come to his house to fix piping to the gas lines, who believed that damage of the leaking pipes was attributed to the thumping of machinery used to tear up the road. He said that he would be interested in hearing from anyone else who had a similar problem, which has also resulted in items falling off the walls. The City Engineer stated that Xcel has provided a written response following their description of the project and they had found neither the piping nor the road roller to be the cause. Rochelle Alf stated that they have lived in their home for 25 years and have an annual furnace and air conditioner check. She said everything had been working fine until the gas leak in the basement and thinks the road machinery's vibration was responsible. She also reported that Xcel had sent one email but her concern is they want to make sure their neighbors' houses are safe. The Public Works Director asked whether the residents feel the vibration was caused by the reclaiming machine, which chews up asphalt, or by the roller. The response was that they believe it is from the rollers. L Regular Meeting — October 15, 2008 Cottage Grove City Council Ken Miller, 7180 Imperial, stated that his property has had no damage but he works at home 3-4 days a week and had to stop work because of the road noise. He described it as sounding like a jack hammer. Mayor Shiely reported that the Council has had a joint meeting with Xcel and a number of individuals have been in contact with that company. She wished to reassure residents that the City Council and staff hear their concerns and they will continue to reinforce their stance about a fair resolution. The City Administrator stated that City staff will have a meeting this Thursday morning to address all the issues expressed, what was learned by this year's project, and what should be done going forward. He added that if responses are needed, they will be done. Mr. Miller inquired about the relevance of the continued use of 7% interest, which has been utilized in previous years for assessments. The Finance Director stated that the market has changed and the cost of borrowing has gone up, and the City would be lucky to get 3-4% interest if bonds were issued today. Jean Miller, 7180 Imperial, reported that there is a jagged, sharp-edged road sign on the corner of her property that has been there for a long time that indicates 20 mph and displays an arrow with a curve. She said the sign has remained in her yard since the repairs and expressed concern about children new to the area playing near the sign and across the street in an open field that has concrete remains. Mrs. Miller recommended that the City install a new road sign warning drivers to slow down for children who live in the area or perhaps a crosswalk sign. Dave Debace, 7305 Iverson, asked what the due date is for full payment of the assessments. The Finance Director stated 30 days from this evening if approved, which would be November 14. Mayor Shiely commented that, because of involvement with Xcel, this year's pavement project differed from previous projects and can be a challenge when too many are going at the same time. She said one of the biggest problems with every road project is restoration and everything does eventually right itself out, adding that the City will do all it can to make certain that boulevards look as close as they used to be. Mayor Shiely reassured residents that it is important to Public Works to do a good job but that it may take some time. She expressed appreciation to property owners for their patience and said City Council and staff understand what has been expressed. � Regular Meeting — October 15, 2008 Cottage Grove City Council Nancy Schafer, 8400 75th Street, commented that she didn't have any issues with the Xcel crew but did say that she had problems with heavy machinery on Innsdale. She suggested in the future that the City divert traffic from only one route and that she would appreciate a cost of upgrades for parks and trails. The Finance Director quoted $485,000, which is not assessed to property owners. Mr. Alf inquired about signage for parks, noting problems with unleashed dogs and that there are City ordinances that require leashing. He proposed that large leashing signs be placed in City parks so dog owners cannot miss the signs. Mayor Shiely also recommended informing residents of City animal regulations in various publications. Curt Young, 7894 73 Street South, reported on a continued water ponding problem (20 years) on his corner, even though the road had been redone. He wonders if it wasn't tied into the storm sewer and a storm drain should be utilized. A resident from 8227 Indian Boulevard Court expressed concern about there not being adequate warning signs at night for manhole covers, as they are high enough to do damage to cars. He also said he could feel the road machinery two blocks away and believes more could have been done for safety. There being no additional speakers, Mayor Shiely closed the public hearing at 8:45 p.m. Mayor Shiely requested information from the City Engineer, as soon as she could do so, on the rolling machine, whether the City used that particular machine before. Council Member Grossklaus asked whether there is a phone number that residents can call with Pavement Management concerns. The Public Works Director stated that they could call Public Works. He also noted that inspections had been made on manhole covers and issues will be addressed, though he advised that any repairs would be delayed until next year when a 50-degree temperature could be maintained. Council Member Luden asked about who validates potential damage to homes or driveways in the project, clarifying agreements, and the City's role in claims. The City Engineer stated that residents experiencing damage to property because of the Project can submit a claim to the City for review, which would be turned over to Valley Paving Insurance Company for follow-up. Mr. Alf, receiving permission from Mayor Shiely to speak, commented that the pavement looks slippery and wonders if it is because of new technology. The City Engineer stated that is due to oils where the newer materials were placed. MOTION BY GROSSKLAUS, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 08-188 ADOPTING THE ASSESSMENTS FOR PUBLIC IMPROVEMENTS FOR THE 2008 PAVEMENT MANAGEMENT PROJECT. 0 Regular Meeting — October 15, 2008 Cottage Grove City Council MOTION CARRIED 5-0. BID AWARDS None. UNFINISHED AND NEW BUSINESS None. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS None. COUNCIL COMMENTS AND REQUESTS Council Member Bailey reported that the Strawberry Fest Committee took over the Halloween Parade event and provided details regarding the Monster Bash Parade, October 25, with line- up at 8:30 a.m., entrance judging 10:30 a.m., and start-up at 11:00 a.m. He also reported on an addition to this year's festivities: a spaghetti dinner on October 24 at the VFW, where there will be a costume contest with games, activities, and prizes, and tickets are $10 for adults 18 and over, $5 ages 4-12, and free under age 3. Council Member Bailey also noted that the costume judging was moved to Friday evening. 100% of the proceeds from the dinner will go to the Strawberry Fest, which is now a designated 501(C)3 nonprofit organization. Council Member Bailey also reported that the Cottage Grove Crime Board will have a pancake breakfast 8-10 a.m. on October 26 at Applebee's, with tickets $5 for all ages. Mayor Shiely reported on a pancake breakfast 8-10 a.m. on November 22 for this year's Holiday Train. The train will stop in Cottage Grove 5:30-6:30 p.m. on December 12, and there will be food and entertainment, with all proceeds going to the Food Shelf in St. Paul Park ($38,000 was raised last year, which was'/ of the Food Shelf's entire budget). PAY BILLS MOTION BY RICE, SECONDED BY BAILEY, TO APPROVE PAYMENT OF CHECK NUMBERS 157172 TO 157389 IN THE AMOUNT OF $1,099,773.10. MOTION CARRIED 5-0. WORKSHOP SESSION — OPEN None. WORKSHOP SESSION — CLOSED �7 Regular Meeting — October 15, 2008 Cottage Grove City Council None. ADJOURNMENT MOTION BY RICE, SECONDED BY LUDEN, TO ADJOURN THE MEETING AT 8:57 P.M. MOTION CARRIED 5-0. RespectFully submitted, Mary Heintz TimeSaver Off Site Secretarial, Inc. 10