Loading...
HomeMy WebLinkAbout2012-08-08 PACKET 03.A.OPEN FORUM COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota 7516 80" Street South Cottage Grove, MN 55016 Regular Meeting June 6, 2012 Mayor Myron Bailey opened Open Forum at 7:15 p.m. and person may address the City Council on subjects not a part e must limit their remarks to three (3) minutes per person. Ths provide the public an opportunity to provide i Council. It may not be used to make personal political endorsements, or for political campai regular meeting promptly at 7:30 p.m. The following were present: Mayor Myron B Member Jen Peterson, and Council Member The following were absent: Also present were: Ryan Schroeder, Roland, Finance Director; Corrine l City Engineer; Peter Koerner, Depu Director. i that during Open Forum a regular meeting agenda, but lose of Open Forum is to guest action by the City nal grievances, to make Forum will adjourn to the Council >ky, City Clerk; Robin Graven; Jennifer Levitt, s Burshten, Public Works Mayor Bailey opened Open Forum at 7:15 p.m., and asked if anyone in the audience wished to address the Citv Council on anv`topic not on the agenda. Ron Lischeid, 388 9` Avenue West, Saint Paul Park, introduced himself as the Independence party candidate for the House of Representatives for District 54A. Mayor Bailey closed Open Forum, to the Regular Meeting. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on June 6, 2012 at the Cottage Grove City Hall, 7516 80` Street South. Mayor Bailey called the meeting to order at 7:30 p.m. PLEDGE OF ALLEGIANCE The audience, staff, and the Mayor and City Council Members pledged allegiance to the flag of the United States of America. Cottage Grove City Council I ry June 6, 2012 Regular Meeting G ROLL CALL The following were present: Mayor Myron Bailey, Council Member Derrick Lehrke, Council Member Justin Olsen, Council Member Jen Peterson, and Council Member Dave Thiede. The following were absent: None. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Corrine Heine, City Attorney- Kennedy & Graven; Jennifer Levitt, City Engineer; Peter Koerner, Deputy Public Safety Director; and Les Burshten, Public Works Director. Mayor Bailey presided over the meeting. ADOPTION OF AGENDA MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 5 -0. 2. PRESENTATIONS A. 2011 Comprehensive Annual Financial Resort Presentation by CliftonLarsonAllen. Finance Director Roland introduced Heidi Tatro and Rachel Flanders of CliftonLarsonAllen, who made a presentation regarding the results of the audit for the year -ended December 31, 2011. B. Eagle Scout Award The Mayor and City Council Members presented a plaque to Matthew Henry for achieving his Eagle Scout Award. APPROVAL OF MINUTES A. February 15 2012 Special Meeting Minutes Mayor Bailey declared the minutes of the February 15, 2012 Regular Meeting to stand approved as presented. Cottage Grove City Council I rj June 6, 2012 Regular Meeting 1 J B. April 18, 2012 Regular Meeting Minutes Mayor Bailey declared the minutes of the April 18, 2012 Regular Meeting to stand approved as presented. 4. CONSENT CALENDAR The City Council pulled and briefly discussed items F, I, N, Q and O. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: i. PUBLIC WORKS COMMISSION MEETING OF APRIL 9,2012; AND ii. PLANNING COMMISSION MEETING OF APRIL 23, 2012. B. AUTHORIZE ISSUANCE OF A SINGLE - OCCASION GAMBLING PERMIT TO THE SOUTH WASHINGTON SENIOR CENTER, 8400 EAST POINT DOUGLAS ROAD, COTTAGE GROVE, FOR A RAFFLE TO BE HELD ON OCTOBER 26, 2012. C. APPROVE THE APPLICATION FOR A GRANT THROUGH FEMA FOR THE 2012 ASSISTANCE TO FIREFIGHTER GRANT PROGRAM TO PURCHASE SELF - CONTAINED BREATHING APPARATUS TO REPLACE THE CURRENT 12 -YEAR OLD EQUIPMENT, FOR A TOTAL COST OF $284,000 WITH A 90/10 MATCH. D. ADOPT RESOLUTION NO. 2012 -056 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT AWARD FROM THE WASHINGTON COUNTY EMERGENCY MANAGEMENT DIVISION THROUGH THE FEDERALLY - FUNDED URBAN AREA SECURITY INITIATIVES FOR THE PURCHASE OF EIGHT (8) 800 -MHZ PORTABLE RADIOS FOR THE COTTAGE GROVE PUBLIC WORKS DEPARTMENT FOR $18,000 WHICH WOULD ENHANCE INTEROPERABILITY DURING DISASTER RESPONSE, CITY EVENTS, AND TRAINING OPERATIONS BETWEEN PUBLIC WORKS AND THE PUBLIC SAFETY DEPARTMENTS. E. ADOPT RESOLUTION NO. 2012 -057 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT AWARD FROM THE WASHINGTON COUNTY EMERGENCY MANAGEMENT DIVISION AND RADIOLOGICAL EMERGENCY PREPAREDNESS FOR THE PURCHASE OF THREE (3) SETS OF FIREFIGHTER TURNOUT GEAR, WITH A Cottage Grove City Council June 6, 2012 Regular Meeting F REIMBURSEMENT GRANT OF APPROXIMATELY $5,600 IN WHICH THE CITY WOULD BE REIMBURSED BY WASHINGTON COUNTY AFTER PAYMENT OF THE INVOICE. F. ADOPT RESOLUTION NO 2012 -058 A RESOLUTION ACCEPTING A DONATION FROM LSP COTTAGE GROVE, L.P. FOR THE ECONOMIC DEVELOPMENT TRUST. G. ADOPT RESOLUTION NO 2012 -059 A RESOLUTION DECERTIFYING TAX INCREMENT FINANCING (TIF) DISTRICT 1 -13 EFFECTIVE DECEMBER 31, 2010. H. ADOPT RESOLUTION NO. 2012 -060 A RESOLUTION AWARDING THE 2012 POND IMPROVEMENT AND SEDIMENT REMOVAL PROJECT TO RUMPCA EXCAVATING, INC., FOR $97,807.00. I. ADOPT RESOLUTION NO. 2012 -061 A RESOLUTION APPROVING A FIFTH ONE -YEAR EXTENSION TO THE FINAL PLAT APPROVAL FOR OAK COVE ADDITION. ADOPT RESOLUTION NO, 2012 -062 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 34,500 SQUARE -FOOT HEALTH AND PHYSICAL EXERCISE CLUB AND A DRIVE - THROUGH DONATION DROP -OFF FACILITY AT 7210 EAST POINT DOUGLAS ROAD, COTTAGE GROVE. K. ADOPT RESOLUTION NO. 2012 -063 A RESOLUTION APPROVING INTERFUND LOANS IN THE AMOUNT OF $200,000 AND $250,000 TO THE GOLF COURSE FUND (640). ADOPT RESOLUTION NO. 2012 -064 A RESOLUTION AUTHORIZING CLOSING OF CERTAIN FUNDS. L. ADOPT RESOLUTION NO. 2012 -065 A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ESTABLISHING A JULY 12, 2012 BID DATE FOR THE WOODRIDGE PARK POND IMPROVEMENTS. M. RECEIVE INFORMATION REGARDING THE EAST RAVINE ALTERNATIVE URBAN AREA -WIDE REVIEW (AUAR) 2012 UPDATE. N. AUTHORIZE A LETTER OF SUPPORT TO THE MINNESOTA HOUSING FINANCE AGENCY (MHFA) ON BEHALF OF WASHINGTON COUNTY HRA AND SHELTER CORPORATION FOR THE PARKSIDE APARTMENTS REHABILITATION PROJECT. Cottage Grove City Council June 6, 2012 Regular Meeting O. PROCLAIM JUNE 8 AND 9, 2012 AS RELAY FOR LIFE DAYS IN THE CITY OF COTTAGE GROVE. P. APPROVE THE PUBLIC SAFETY /CITY HALL CHANGE ORDERS TOTALING $2,214.25. Q. AUTHORIZE ISSUANCE OF A TOBACCO LICENSE TO YASSIN WAZWAZ FOR THE COTTAGE GROVE SMOKE SHOP INC, 8461 EAST POINT DOUGLAS ROAD, COTTAGE GROVE. MOTION CARRIED. 5 -0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES — None. 6. PUBLIC HEARINGS A. Consider the Assessment of the Public Improvements for the West Point Douglas Road Extension Project and Adopt Resolution Adopting the Assessments for the Project City Engineer Levitt highlighted the West Point Douglas Road public improvement project noting that the project includes road work, storm sewer, and a signal system. Council Member Olsen asked why the City did not have a special benefit appraisal done on the Swenson -Ott residential property. City Engineer Levitt stated that based on our IMTF Special Assessment Policy, it specifically addresses commercial properties, it does not address residential property and so when we moved forward with the project, we did not have an appraisal conducted. City Engineer Levitt then highlighted the proposed assessment roll, the reduction in the assessment for the Swenson -Ott residential parcel from $28,452.94 to $14,600, the special benefit value for five (5) commercial properties, and lastly, she reviewed the payment options. She stated that Staff proposes that the City assess a total of $165,800 against five (5) benefited properties. Discussion followed on how Staff arrived at the proposed final assessment on the Swenson -Ott residential property from $28,452.94 to $14,600, and included in the City Engineer's report in the Agenda Packet. Mayor Bailey opened the public hearing to receive comments and /or objections from those in attendance. Cottage Grove City Council I c June 6, 2012 Regular Meeting I V Al Swenson, 11865 Point Douglas Drive, Cottage Grove, stated that he sent a letter to the City in objection to the $14,600 assessment against his residential property. A copy of the letter of objection is attached to and made a part of the original minutes. Mayor Bailey closed the public hearing. City Administrator Schroeder confirmed that the City did receive the objection from Mr. Swenson and noted that while a number of the comments in the objection relate to the taking of his property rather than to the completion of the road project and assessment, there were a few items worth review by the City Engineer. City Administrator Schroeder stated that the City Engineer should be given an opportunity to look at the objections to consider the value of any of the comments and then come back to the City Council. He stated that it was Staffs recommendation at this time to table any decision until the July 18, 2012 regular meeting. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER OLSEN, TO TABLE THE ASSESSMENT ROLL FOR THE WEST POINT DOUGLAS ROAD EXTENSION PROJECT UNTIL THE JULY 18, 2012 REGULAR MEETING. Council Member Olsen asked if that would provide us with ample time to have a special benefit value appraisal completed on the Swenson -Ott residential property. City Administrator Schroeder stated that the cost of an appraisal would be about $4,000. He suggested asking our appraiser to review Staffs analysis. Council Member Olsen stated that he still thinks it is the City's responsibility to have an appraisal completed, especially since the property owner is disputing the assessment. City Administrator Schroeder stated that if an appraisal is conducted, the City would have to pay for it. City Engineer Levitt noted that there is nothing that would prevent the property owner from obtaining his own special benefit value appraisal. Council Member Olsen asked what it cost to have the commercial property appraised and City Engineer Levitt stated that she did not have that information with her. City Engineer Levitt stated that an evaluation of a residential piece of property is different from an evaluation conducted on a commercial piece. Commercial property is usually more challenging and time - consuming for an appraiser to conduct. Cottage Grove City Council June 6, 2012 Regular Meeting Council Member Olsen reiterated that the City should have done the appraisal in the first place and he asked staff to consider doing a special benefit value appraisal on the Swenson /Ott residential parcel. City Administrator Schroeder stated that he could talk to the appraiser and get an estimate on what it would cost and bring that information back to the City Council but noted that an appraisal typically takes about six (6) weeks to complete. Mayor Bailey stated that we need to vote on the motion and if Council Member Olsen wanted to make some type of secondary motion he could do so. Mayor Bailey asked if there were any other questions or concerns of the City Council at this point. There were none. John Erickson of Erickson Marine stated that they are probably the most impacted by the improvement project financially and felt that the seven percent (7 %) interest rate was too high. UPON VOTE BEING TAKEN ON THE MOTION TO TABLE THE ASSESSMENT ROLL TO THE JULY 18, 2012 REGULAR MEETING, MOTION CARRIED. 5 -0. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO OBTAIN A SPECIAL BENEFIT VALUE APPRAISAL ON THE RESIDENTIAL PROPERTY OWNED BY THE SWENSON /OTT'S LOCATED AT 11865 POINT DOUGLAS DRIVE, COTTAGE GROVE. City Administrator Schroeder reiterated that a residential appraisal would cost about $4,000. It could be less if we requested a short -form appraisal but we could not use that appraisal in Court. Council Member Lehrke asked whether the letter of objection from Mr. Swenson asserts what he thinks the assessment should be. Mr. Swenson stated that the amount of the assessment for his residential property should be zero. He stated that he agrees with the $46,200 assessment against his commercial property only because the City had the property appraised. Even if the City had an appraisal completed for his residential property, there are two (2) other residents that benefit from the project and asked why they do not benefit from the improvement project. City Administrator Schroeder commented that the two (2) properties that Mr. Swenson was referring to were assessed for the Pine Coulee /Countrywood improvement project. He stated that the City's policy is to only assess for one Cottage Grove City Council p June 6, 2012 Regular Meeting benefit. That means if the Pine Coulee residents were assessed for public improvements once, they could not be re- assessed for another project. Council Member Lehrke asked where the $28,452 assessment amount came from and whether there were any reports behind it. City Engineer Levitt responded that they used the 2005 IMTF Assessment Policy and if you were to apply it exactly as the policy states, you would get the number that was in the feasibility report, or $28,452. The City Council spent a considerable amount of time discussing the City's existing Assessment Policy, whether the City should have a special benefit appraisal done on the Swenson /Ott's residential property versus a preliminary analysis from the appraiser which would tell us what we could support and give an estimate on what the appraisal would cost, and the fact that Mr. Swenson has commented that he would appeal the assessment to Court. Mayor Bailey stated that we have a motion on the table City Attorney Heine stated that the City Administrator could get a preliminary analysis from the appraiser which would tell us what we could support and give us a reading on whether the value conclusion or the assessment is close or not close. Then the City Council could make a determination as to whether it economically makes more sense to go forward getting a full appraisal. Mr. Swenson again voiced opposition to the proposed assessment noting that he would pay the $46,000 for his commercial property but would not pay another penny for the residential property. City Administrator Schroeder stated that he could get an estimate for the work and bring that back to the City Council for your consideration and if as a result of that we decide to go forward with an appraisal, the City Council would have to table this beyond July 18. We don't have any particular time constraint at the moment but we would have to adopt an assessment roll by October in order to put in on the rolls for next year. Council Member Thiede stated that if we went out and had this appraisal done and if for some reason it comes back at $25,000, we would be obligated to assess that $25,000. City Attorney Heine stated that it would be consistent with our policy and it would be supported by benefit so if you did not levy the entire $25,000 you would not be following your policy. She suggested that given what Mr. Swenson has said, if there is no question that we are going to be in Court, you will need to spend that money to get that appraisal report. Cottage Grove City Council June 6, 2012 Regular Meeting Council Member Lehrke stated that he would like to amend Council Member Olsen's motion that we get an estimate from an appraiser to be brought to the City Council at the next regular meeting on July 18. City Attorney Heine stated that Council Member Lehrke could make a motion to amend the main motion, it would require a second, you would then have to vote on the amended motion and then vote on the main motion as amended. MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER THIEDE, TO AMEND THE MAIN MOTION TO OBTAIN AN ESTIMATE FROM AN APPRAISER FOR THE AUGUST 18 REGULAR COUNCIL MEETING. MOTION CARRIED. 4 -1. (COUNCIL MEMBER OLSEN VOTED NAY). City Attorney Heine stated that the City Council would have to vote on the main motion as amended. UPON VOTE BEING TAKEN ON THE MAIN MOTION AS AMENDED, MOTION CARRIED. 5 -0. BID AWARDS A. Consider Adopting a Resolution Awarding the Bid for the City of Cottage Grove Metropolitan Area Fiber Network Expansion to Michels Corporation in the amount of $158,721.24 City Engineer Levitt advised the City Council that the City received three (3) favorable bids and recommended awarding the bid to Michels Corporation. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER OLSEN, TO ADOPT RESOLUTION NO. 2012 -066 A RESOLUTION AWARDING THE CITY OF COTTAGE GROVE METROPOLITAN AREA FIBER OPTIC NETWORK EXPANSION BID TO MICHELS CORPORATION IN THE AMOUNT OF $158,721.24. MOTION CARRIED. 5 -0. 8. UNFINISHED AND NEW BUSINESS — None. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS — None. 10. COUNCIL COMMENTS AND REQUESTS Council Member Olsen thanked the volunteers who supported the Frank Mackel family at the fundraiser held this past weekend noting that it was a success. He stated that he Cottage Grove City Council June 6, 2012 Regular Meeting and the Mayor had the opportunity with the Public Safety team to go down to Hamlet Park where they were having an early Birthday Party for his friend Skylar and he thanked the Public Safety Department personnel who also attended volunteering their time. Council Member Peterson stated she would not be at the next meeting since she is attending the annual LMC Conference in Duluth. She stated that she was looking for volunteers to assist in installing plastic window coverings; the next Fair for All would be June 14 at All Saints Church; the next Beyond the Yellow Ribbon meeting is June 19; and the proposed Wal Mart development would be on an upcoming Planning Commission agenda. Council Member Lehrke stated that the Touch of Home fundraiser that sends care packages to troops stationed overseas, would be at Von Hanson's the first weekend in August and they were looking for help. Contact Linda Lehrke at lindae,atouchofhome.us for more information. Council Member Thiede stated that next week was the Annual Strawberry Fest at Kingston Park and he highlighted the many of the events planned. Mayor Bailey stated that at the Fest there would be the annual Mayor's bocce ball challenge and he believes all of the surrounding Mayor's would be participating. He commented on the number of people who attended Skylar's event on Sunday for his early Birthday party and it was amazing how many volunteers we have in this community. Mayor Bailey stated that River Oaks was ranked the second best patio experience in the Metro area, the City of Cottage Grove was awarded large business of the year by the Chamber of Commerce, and the Cottage Grove Lions Club would host the Fourth of July Fireworks at Kingston Park. 11, PAY BILLS MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE THE PAYMENT OF CHECK NUMBERS 176897 TO 177139 IN THE AMOUNT OF $944,294.70 AND EFT PAYMENT OF $1,337,676.37. CHECK NUMBERS 176896 THROUGH 176941 IN THE AMOUNT OF $471,102.88 WERE ISSUED PRIOR TO COUNCIL APPROVAL. MOTION CARRIED. 5 -0. 12. WORKSHOP SESSION — OPEN TO PUBLIC — None. 13. WORKSHOP SESSION — CLOSED TO PUBLIC — None. ADJOURNMENT Cottage Grove City Council June 6, 2012 Regular Meeting MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO ADJOURN THE REGULAR MEETING AT 9:34 P.M. MOTION CARRIED. 5 -0. Prepared by, Caron M. Stransky City Clerk