HomeMy WebLinkAbout2013-02-20 MINUTES
COTTAGE GROVE CITY COUNCIL
City of Cottage Grove, Minnesota
Regular Meeting
February 20, 2013
OPEN FORUM
Mayor Myron Bailey opened Open Forum at 7:15 p.m. and stated that during Open Forum a
person may address the City Council on subjects not a part of the regular meeting agenda,
but must limit their remarks to three (3) minutes per person. The purpose of Open Forum is
to give the public an opportunity to present information or to request action by the City
Council. It may not be used to make personal attacks, to air personality grievances, to make
political endorsements, or for political campaign purposes. Open Forum will adjourn to the
regular meeting promptly at 7:30 p.m.
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; Craig Woolery, Public Safety Director; and Les Burshten, Public Works
Director.
Mayor Bailey opened Open Forum at 7:15 p.m., and asked if anyone in the audience wished
to address the City Council on any topic not on the agenda.
Paul Raven, 8527 85 Street South, Cottage Grove, asked the City Council why the City
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outsources to televise the sanitary sewer lines, to spray weeds, and to fix manhole covers.
Mayor Bailey closed Open Forum to the Regular Meeting.
CALL TO ORDER – Regular Meeting
The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular
meeting on February 20, 2013 at the Cottage Grove City Hall, 7516 80 Street South.
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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 2
February 20, 2013 Regular Meeting
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; Craig Woolery, Public Safety Director; and Les Burshten, Public Works
Director.
Mayor Bailey presided over the meeting.
1. 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 – None.
3. APPROVAL OF MINUTES – None.
4. CONSENT CALENDAR
MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE,
TO:
A.ACCEPT AND PLACE ON FILE THE MINUTES OF THE:
i.PUBLIC WORKS COMMISSION OCTOBER 8, 2012 AND DECEMBER 10,
2012 MEETINGS.
B. AUTHORIZE THE ISSUANCE OF A TEMPORARY “ON SALE” INTOXICATING
LIQUOR LICENSE AND SINGLE-OCCASION GAMBLING PERMIT FOR APRIL 20,
2013; A TEMPORARY “ON SALE” INTOXICATING LIQUOR LICENSE FOR AUGUST
10, 2013; AND A TEMPORARY “ON SALE” INTOXICATING LIQUOR LICENSE
AND SINGLE-OCCASION GAMBLING PERMIT FOR SEPTEMBER 21 AND 22,
2013, FOR THE CHURCH OF ST. RITA LOCATED AT 8694 80 STREET SOUTH,
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COTTAGE GROVE.
C. ACCEPT THE RESIGNATION OF BARBARA GIBSON FROM THE ENVIRONMENTAL
COMMISSION EFFECTIVE FEBRUARY 28, 2013 AND TO DECLARE A VACANCY
ON THE COMMISSION.
D. TO APPROVE THE REAPPOINTMENTS OF:
Cottage Grove City Council 3
February 20, 2013 Regular Meeting
i. FRANCISCO GONZALEZ, RICHARD JOHNSON, CHRISTIE THOMPSON, AND
SUZANNE KOERNER TO THE HUMAN SERVICES/HUMAN RIGHTS
COMMISSION FOR TERMS TO EXPIRE FEBRUARY 28, 2015;
ii. LORI HANSON TO THE PUBLIC SAFETY, HEALTH AND WELFARE
COMMISSION FOR A TERM TO EXIRE FEBRUARY 28, 2015;
iii.THADDEUS OWEN, KARLA BIGHAM, AND RITA ISKER TO THE
ENVIRONMENTAL COMMISSION FOR TERMS TO EXPIRE FEBRUARY 28,
2015;
iv.MICHAEL EDMAN TO THE PUBLIC WORKS COMMISSION FOR A TERM TO
EXPIRE FEBRUARY 28, 2015;
v.JAN JAPS TO THE ADVISORY COMMITTEE ON HISTORIC PRESERVATION
FOR A TERM TO EXPIRE FEBRUARY 28, 2015; AND
vi.KEN BRITTAN AND CHRIS REESE TO THE PLANNING COMMISSION FOR A
TERM TO EXPIRE FEBRUARY 29, 2016.
E. ADOPT RESOLUTION NO. 2013-013, A RESOLUTION APPROVING THE 2013
MINING PERMIT FOR AGGREGATE INDUSTRIES, INC., AND A VARIANCE TO THE
ORDINANCE REQUIREMENT LIMITING MINING OPERATION HOURS.
F. ADOPT RESOLUTION NO. 2013-014, A RESOLUTION RESTRICTING PARKING
ON EAST POINT DOUGLAS ROAD FROM EAST POINT DOUGLAS LANE SOUTH TO
COUNTY ROAD 19 (S.A.P. 180-112-010).
G. AUTHORIZE THE ACQUISITION OF A 1,221.81 SQUARE FOOT PARCEL OF LAND
(PIN 22.027.21.32.0005) FROM CENTURY LINK/QWEST/NORTHWESTERN
BELL TELEPHONE COMPANY AS A COMPONENT OF THE PHASE I EAST POINT
DOUGLAS ROAD PROJECT.
AUTHORIZE THE EXECUTION OF A PURCHASE AGREEMENT RELATED TO THE
ACQUISITION OF PARCEL (PIN 22.027.21.32.005) WITH CENTURY
LINK/QWEST/NORTHWESTERN BELL TELEPHONE COMPANY.
H. ADOPT RESOLUTION NO. 2013-015, A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ESTABLISHING A MARCH 21, 2013 BID DATE FOR THE
EAST POINT DOUGLAS ROAD UTILITY AND STREET IMPROVEMENTS, PHASE I.
I. INCREASE THE FIRE RELIEF ASSOCIATION PENSION BENEFIT AMOUNT FROM
$2,600 PER YEAR OF SERVICE TO $3,150 PER YEAR OF SERVICE AND THAT
THE CITY CONTRIBUTE 65% OF THE ANNUAL INDEPENDENT AUDIT COSTS FOR
THE COTTAGE GROVE RELIEF ASSOCIATION IN 2013.
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February 20, 2013 Regular Meeting
J. ADOPT RESOLUTION NO. 2013-016, A RESOLUTION PROVIDING MUNICIPAL
CONSENT FOR THE CSAH 22 (70 STREET SOUTH) [SAP 082-622-010, 180-
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020-006]; CSAH 20 (MILITARY ROAD) [SAP 082-620-009, 180-020-006]; AND
CSAH 19 (KEATS AVENUE) [082-619-023, 180-020-007] ROAD AND UTILITY
IMPROVEMENTS PROJECT
K. APPROVE THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF COTTAGE
GROVE AND WASHINGTON COUNTY FOR CONSTRUCTION COSTS OF COUNTY
STATE AID HIGHWAY (CSAH) 19, CSAH 20, AND CSAH 22, SUBJECT TO FINAL
APPROVAL BY THE CITY ATTORNEY.
APPROVE THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF COTTAGE
GROVE AND WASHINGTON COUNTY FOR MAINTENANCE OF COUNTY STATE
AID HIGHWAY (CSAH) 19, CSAH 20, AND CSAH 22, SUBJECT TO FINAL
APPROVAL BY THE CITY ATTORNEY.
MOTIONCARRIED.5-0.
5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES
A. Receive Response to Open Forum on Miniature Potbelly Pig Certification/
Registration.
The Mayor and City Council Members acknowledged receipt of the report from
Staff. No action taken.
6. PUBLIC HEARINGS – None.
7. BID AWARDS – None.
8. UNFINISHED AND NEW BUSINESS
A.
Hold the public hearing for the 2013 Pavement Management Project,
Districts C1 and C2; Consider ordering the project; and Consider
authorizing the preparation of plans and specifications.
City Engineer Levitt summarized the public improvement project noting that
there are three methods of work included in the project: a full road
reconstruction, mill and overlay rehabilitation, and utility work.
City Engineer Levitt then provided an analysis of the proposed costs noting
that the total project cost for the road work, utility, storm sewer, and park
improvements is $7,661,989.52. According to the City’s IMTF assessment
policy, 45 percent of this total project cost would be assessed against the
benefiting properties. The total project value that is assessed residentially is
$2,286,592.33 for the Districts C1 and C2. The School District’s potential
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February 20, 2013 Regular Meeting
assessment is $78,900 and the South Washington Watershed District would
be responsible for $548,639.79. A cost estimate summary can be viewed in
Appendix C of the Feasibility Study.
City Attorney Heine stated that a number of written objections were filed by
residents within the project area. The objections are oppositions to the
proposed assessments which are actually required for the assessment
hearing held after the project is substantially complete. They are not required
to be submitted tonight. The City is accepting them however if they are
submitted but they do not have anything to do with tonight’s hearing.
For clarification purposes, City Attorney Heine briefly explained the public
improvement and special assessment process. The purpose of the public
improvement hearing is for the City Council to determine the desirability and
feasibility of a proposed project. The City Council must make available a
reasonable estimate of the total amount to be assessed and the methodology
used to calculate the assessments. The Council does not levy the
assessments at the public improvement hearing. If the Council decides that
the project is needed and feasible, the Council would then order the project.
City Attorney Heine then explained the special assessment hearing process. In
Cottage Grove, the historic practice has been to hold the assessment hearing
after the construction project is substantially complete. The purpose of the
assessment hearing is to determine the amount of the assessments that
would be levied against each individual property. After the hearing is
complete, the City Council adopts a resolution levying the assessments
against each property. Minnesota Statutes 429.061 provides an appeal
process and an affected property owner may appeal the amount of their
assessment to be adopted. The documents filed with the City state that
“Under Minn. Stat. 429.051 [sic] I OBJECT to the special assessment amount
against my property …” The reference to Section 429.051 is a typographical
error; that section has nothing to do with property owner objections or the
right to appeal an assessment.
City Attorney Heine stated that the City has not scheduled an assessment
hearing and the property owner objections are premature. The objections
have no legal effect on the improvement hearing. It is unclear if the Council
later holds an assessment hearing on this project, whether the objections that
were filed now will have any legal effect. The owners would receive a future
notice of the assessment hearing and may want to re-file their written
objections at that time, if they still object to the assessment amount.
City Engineer Levitt then talked about the proposed amount and terms of the
assessment. She noted that the total amount would be assessed over a 15-
year period plus interest at 1.5% above the bond rate. If the Council orders
the improvement project, a resident may also file for a deferment due to a
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February 20, 2013 Regular Meeting
disability, military, or age (65+ years).
City Engineer Levitt recommended that the City Council hold the public
improvement hearing, order the project as outlined in the feasibility report,
and authorize the preparation of plans and specifications.
Council Member Olsen stated that prior to the meeting; the City received
about 22 objections (included in the Packet). He read into the record what the
objections stated:
Very Important - Road Assessment Public Hearing
Why should you care? If you disagree with the special assessment to your property you must
formally object to the proposed assessment of $4,100 (or other amount in the letter you
received) no later than the closing of the public hearing by the Mayor. It is best to submit your
written objection before the meeting starts by City Staff authorized to sign, time, and date
stamp your original and copy to keep. This is your last day to object in writing.
You must object by February 20, 2013 to reserve your right to sue. If you do not object by
February 20, 2013 you will not be able to join any lawsuit regarding this matter. In sum, if you
are not sure about joining the lawsuit then “Object” and protect your right to sue. You cannot
sign the “written objection” form retroactively to join the lawsuit. The City plans to move
forward (Start Spring 2013, Ends Fall 2013) on this 2013 Pavement Management Project for
your area. If you have trouble downloading this form at website: cgcitizensvoice.com or need
the form dropped or picked up, call 612-250-7069, or email: mfouts03@msn.com or
cgroadprojects@gmail.com. Contact: cgroadprojects@gmail.com and a form will be emailed
to you. Please submit your name, address, email (you check regularly) & phone number (to
leave messages & updates). Only one owner needs to print and sign the name. Renters
cannot sign the form. If you are unsure about the three choices to mark, then pick all 3 and
be protected. The authorized City Staff must sign, time, and date stamp both forms (Owner &
City). Keep the owner form, City form cut off and submit to City staff.”
Council Member Olson asked if someone could tell him if the data included in
the form was accurate and if so, to what degree.
City Attorney Heine responded that it is not accurate where it states “February
28, 2013 is the last day for you to be able to challenge the amount of the
assessment”. The written objection does not have to be filed prior to the
public improvement hearing, it needs to be filed prior to the assessment
hearing which will take place after the project is substantially complete. That
says that it just has to be filed with the City Clerk prior to the Assessment
Hearing or presented to the presiding officer at the hearing. If you do not
submit your objection in writing before or at the Assessment Hearing, you
would not have the ability to challenge the assessment.
Council Member Olsen stated that for those who have already submitted a
petition, do they need to fill out a different form to object at a different time.
How does that all work because clearly there are 22 people who have taken
the time to submit this information and regardless of the form on which they
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February 20, 2013 Regular Meeting
submitted it on or whether it was accurate or not, his concern is if they truly
object then he would like to make certain that they objected properly and that
their rights are protected.
City Attorney Heine responded that the statute is not very clear about that. It
does say that an objection must be filed before the assessment hearing and
this is clearly before the assessment hearing (way before). If there were any
substantial change in the amount of the assessment based on what has been
presented here tonight, if there is something different presented after the
actual costs are known, that could raise a question about whether this
objection is valid. The statute does not answer the question.
Council Member Olsen stated that if someone was interested in playing it
safe, they would submit an additional objection prior to the assessment
hearing.
City Attorney Heine stated that if it was her and she wanted to preserve her
right to object, she would submit another objection later because then she
would know that her objection was accepted.
City Administrator Schroeder clarified for the record that this afternoon and
prior to the hearing, he received additional objections and in total there are
approximately 124 at this point which represents about 17% of the parcels in
the two Districts.
Council Member Thiede stated that of the 124 that were turned in, what areas
or Districts were they from. He stated that it would be interesting to know that
information.
City Engineer Levitt stated that there are 735 households proposed to be
assessed and the total number of objections received represents about 17%
of those households.
Council Member Lehrke stated that usually at this stage of the game, do we
have 17%.
City Engineer Levitt responded that since she has been here, 15-20% is
probably the average that we receive for pavement management projects. The
comments that the residents are making, are similar comments that we has
heard from other pavement management areas and that she has not heard
anything unique for this project.
Mayor Bailey opened the public hearing to receive comments and/or
objections from those in the audience.
Cottage Grove City Council 8
February 20, 2013 Regular Meeting
The Council heard testimony and/or opposition to the project from Jane
Brown, 7173 Jenner Lane South, Cottage Grove; Patrick Johnson, 9225 78
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Street South, Cottage Grove; an unidentified female from Jocelyn Bay, Cottage
Grove; Sandy Hurt, 7024 Jenner Circle South, Cottage Grove; Kathy
Lewandoski, 9043 75 Street South, Cottage Grove; Barb Juelsman, 7191
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Jocelyn Avenue South, Cottage Grove; Dorla Larson, 9140 75 Street South,
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Cottage Grove; Angela Doherty, 9067 75 Street South, Cottage Grove, and
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Kurt Tegantvoort, 9055 Indian Blvd South, Cottage Grove.
Mayor Bailey closed the public hearing.
MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER
PETERSON, TO ADOPT RESOLUTION NO. 2013-017, A RESOLUTION
ORDERING THE PROJECT AND AUTHORIZING PREPARATION OF PLANS AND
SPECIFICATIONS FOR THE 2013 PAVEMENT MANAGEMENT PROJECT FOR
DISTRICTS C1 AND C2.
Finance Director Roland provided the Council with a summary of the
information included in the public hearing notice that would be mailed to the
735 residents affected by the public improvements.
City Engineer Levitt stated that if the project is ordered, there would be
pending assessments on the 735 properties outlined in the assessment roll.
She stated that it would authorize staff to begin preparation of plans and
specifications to be brought back to the City Council for approval and at that
time the Council would establish a bid date. Staff would then advertise for
bids and receive bids. The sealed bids would be opened and if the Council
chooses to award the project, we would move forward with construction. Prior
to construction commencing, we would meet with the neighborhoods to
present a timetable and details about the project. If the bids come in
extremely high, the Council would have the ability not to move forward with
the project.
Council Member Thiede commented that in the C1 District where there is a
$4,100 assessment, we need to look at ways to try to reduce the amount.
Council Member Peterson asked if there were any enhanced communication
techniques that we could use and suggested implementing a call in system
where residents can receive daily updates, through twitter or Facebook.
Mayor Bailey thanked all the citizens that were present and noted he lives in
the C1 area with an estimated $4,100 assessment and he was convinced
that the work is needed.
Council Member Lehrke thanked the audience for going easy on our staff and
to continue to do so. They are doing their job and it is at the direction of the
Cottage Grove City Council 9
February 20, 2013 Regular Meeting
Council. This is not the first time this has been in front of the Council. We have
been talking about this for a long time. They (staff) are doing what we told
them to do and they are bringing back the information that we asked for. With
that being said, he has decided in the last 5-10 minutes that he was not going
to support the project.
UPON VOTE, MOTION CARRIED. 4-1 WITH COUNCIL MEMBER LEHRKE VOTING
NAY.
The City Council took a five-minute break after which Mayor Bailey reconvened
the regular meeting.
B. Hold the public hearing for the Hinton Avenue South Reclamation Project—
80 Street to 70 Street; Consider ordering the project; and Consider
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authorizing the preparation of plans and specifications.
City Engineer Levitt summarized the Hinton Avenue Reclamation project and
recommended that the City Council hold the public hearing, order the project,
and authorize preparation of plans and specifications.
Mayor Bailey opened the public hearing to receive comments and/or
objections from anyone in the audience.
The Council heard testimony and/or objections from Diane Kyle, 7442 Hinton
Park Avenue South, Cottage Grove; Dale Marquardt, 7586 Hinton Park,
Cottage Grove; and Kathy Harpo, 7460 Hinton Park Avenue, Cottage Grove.
Mayor Bailey closed the public hearing.
MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER
THIEDE, TO ORDER THE PROJECT AND AUTHORIZE PREPARATION OF PLANS
AND SPECIFICATIONS FOR THE HINTON AVENUE SOUTH RECLAMATION
PROJECTS FROM 80 STREET TO 70 STREET.
THTH
Council Member Peterson stated that Ms. Kyle raised the issue of a signal at
the trail crossing, were you thinking about a signal where you can press a
buzzer to get a red light.
Mayor Bailey stated that we will take that under advisement and will have the
Public Safety, Health and Welfare Commission and Public Works Commission
review it.
UPON VOTE BEING TAKEN, MOTION CARRIED. 5-0.
9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS – None.
Cottage Grove City Council 10
February 20, 2013 Regular Meeting
10. COUNCIL COMMENTS AND REQUESTS
Council Member Olsen stated that he wanted to take a moment to let the public
know that once again here in our immediate area we lost another one of our
protectors in blue, Officer Lennar from the St. Paul Police Department.
Council Member Peterson announced the following upcoming events/meetings: Fair
for All; the community discussion on domestic violence; the next Beyond the Yellow
Ribbon meeting; Youth Expo; Chamber Showcase, Stone Sup-er Bowl and
encouraged the public to complete the Shop CG survey.
11. PAY BILLS
MOTION BY COUNCIL MEMBER OLSEN , SECONDED BY COUNCIL MEMBER THIEDE,
TO APPROVE PAYMENT OF CHECK NUMBERS 180239 THROUGH 180406 IN THE
AMOUNT OF $449,227.38 AND EFT PAYMENT OF $140,539.25 (CHECKS 180239 –
180258 IN THE AMOUNT OF $141,170.20 AND EFT PAYMENT OF $15,195.53 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
MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO
ADJOURN THE REGULAR MEETING AT 10:22 P.M. MOTION CARRIED. 5-0.
Prepared by,
Caron M. Stransky
City Clerk