Loading...
HomeMy WebLinkAbout2003-01-08 MINUTES REGULAR MEETING COTTAGE GROVE CITY COUNCIL January 8, 2003 OPEN FORUM – 7:15 p.m. Open forum provides a person an opportunity to inform the Council of a problem or to request information related to City business not scheduled for Council action and on the Agenda. Mayor Shiely encouraged persons to limit their remarks to two (2) minutes per issue. Present: Mayor Sandy Shiely Council Member Pat Rice Council Member Cheryl Kohls Council Member Jim Wolcott Council Member Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Caron Stransky, City Clerk Kim Lindquist, Community Development Director John Mickelson, Director Public Safety Nancy Hanzlik, City Engineer Les Burshten, Public Works Director Corrine Thomson, Consulting City Attorney, Kennedy & Graven Michelle Wolfe, Assistant City Administrator 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 th meeting on Wednesday, January 8, 2003, at the Cottage Grove City Hall, 7516 80 Street South Mayor Shiely called the meeting to order at 7:30 p.m. SWEARING-IN CEREMONY Mayor Shiely introduced State Senator Sharon Marko and invited her and the Council Member to come forward for the swearing in ceremony. State Senator Sharon Marko administered the oath of office to Pat Rice and Mark P. Grossklaus as Council Members for four-year terms commencing as of January 6, 2003. ROLL CALL Present: Mayor Sandy Shiely Regular Meeting – January 8, 2003 Cottage Grove City Council Page 2 of 9 Council Member Pat Rice Council Member Cheryl Kohls Council Member Jim Wolcott Council Member Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Caron Stransky, City Clerk Ron Hedberg, Finance Director Kim Lindquist, Community Development Director John Mickelson, Director Public Safety Nancy Hanzlik, City Engineer Les Burshten, Public Works Director Corrine Thomson, Consulting City Attorney, Kennedy & Graven Michelle Wolfe, Assistant City Administrator Mayor Shiely presided over the meeting. ADOPTION OF AGENDA MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE THE AGENDA, AS PRESENTED. MOTION CARRIED 5-0. APPOINTMENTS AND PRESENTATIONS A. APPOINTMENTS – NONE B. PRESENTATIONS - NONE APPROVAL OF MINUTES A. September 18, 2002 Regular Meeting. Mayor Shiely stated that the minutes stand approved as presented. B. December 18, 2002 Regular Meeting. Mayor Shiely stated that the minutes stand approved as presented. CONSENT CALENDAR Council Member Wolcott pulled item J, Ordinance relating to the regulation of peddlers and solicitors. He recommended that Section 3-4-9 of the proposed ordinance be amended to require a minimum of $50,000 coverage for property damage. MOTION BY WOLCOTT, SECONDED BY RICE, TO: Regular Meeting – January 8, 2003 Cottage Grove City Council Page 3 of 9 A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: i. Parks, Recreation and Natural Resources Commission meetings of: 1. August 12, 2002; 2. September 9, 2002; 3. October 16, 2002; and 4. November 11, 2002 ii. Planning Commission meeting of November 25, 2002. B. ADOPT RESOLUTION NO. 03-001, DESIGNATING DEPOSITORIES, AND AUTHORIZING THE INVESTMENT OF SURPLUS CITY FUNDS. C. APPROVE THE REQUEST OF THE WASHINGTON COUNTY ASSESSOR TO SCHEDULE THE CITY OF COTTAGE GROVE 2003 BOARD OF APPEALS AND EQUALIZATION OPEN BOOK MEETING FOR WEDNESDAY, APRIL 9, 2003, FROM 5:00 P.M. TO 6:00 P.M. IN THE CITY HALL COUNCIL CHAMBER. D. APPROVE THE APPOINTMENT OF CHERYL KOHLS AS ACTING MAYOR FOR 2003, AND ACCEPT MAYOR SHIELY’S COUNCIL LIAISON APPOINTMENTS TO VARIOUS COMMISSION AND COMMITTEES FOR 2003:  Public Safety, Health and Welfare Commission – Cheryl Kohls  Advisory Committee on Historic Preservation – Cheryl Kohls  Human Services/Human Rights Commission – Mark Grossklaus  Parks, Recreation and Natural Resources Commission – Pat Rice  Planning Commission – Pat Rice  South Washington County Cable Communications Commission – Pat Rice  Public Works Commission – Jim Wolcott  Economic Development Authority – Jim Wolcott and Sandy Shiely  Red Rock Corridor – Sandy Shiely and Pat Rice (Alternate)  Great Grove Get Together Committee – Sandy Shiely  South Washington Watershed District – Pat Rice and Cheryl Kohls  Investment Committee – Jim Wolcott and Sandy Shiely  Intergovernmental Committee – Mayor and Council Members  Mayors Advisory Committee – Sandy Shiely E. ADOPT RESOLUTION NO. 03-002, APPROVING FINAL PAYMENT IN THE AMOUNT OF $22,238.89 TO HYDROCON, INC., FOR THE ROSE OF SHARON CHURCH/SCHOOL DISTRICT SANITARY SEWER STUDY PROJECT (BRAA FILE 48- 00-124). F. ADOPT RESOLUTION NO. 03-003, APPROVING FINAL PAYMENT IN THE AMOUNT TH OF $30,222.71 TO TOWER ASPHALT, INC., FOR THE IDEAL AVENUE / 110 STREET TH / EAST POINT DOUGLAS / INWOOD AVENUE & 90 STREET IMPROVEMENT Regular Meeting – January 8, 2003 Cottage Grove City Council Page 4 of 9 PROJECT (BRAA FILE 48-99-102). G. DESIGNATE THE WASHINGTON COUNTY BULLETIN AS THE OFFICIAL LEGAL NEWSPAPER FOR 2003. H. APPROVE APPOINTMENT OF JON MORTRUD TO THE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION TO FILL AN UNEXPIRED TERM TO END FEBRUARY 28, 2003. APPROVE THE APPOINTMENT OF TIME SIRANI TO THE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION TO FILL AN UNEXPIRED TERM TO END FEBRUARY 28, 2003. I. APPROVE THE AGREEMENT WITH BIFF’S, INC., FOR PORTABLE RESTROOM RENTAL SERVICE FOR 2003 AND 2004. J. PASS ORDINANCE NO. 724, AN ORDINANCE AMENDING TITLE 3, CHAPTER 4 OF THE COTTAGE GROVE CITY CODE RELATING TO THE REGULATION OF PEDDLERS AND SOLICITORS, AND TO AMEND SECTION 3-4-9.A TO READ IN PART: …at least fifty thousand dollars ($50,000) property damage insurance.” ADOPT RESOLUTION NO. 03-004, AUTHORIZING THE PUBLICATION OF ORDINANCE NO. 724 BY TITLE AND SUMMARY. K. ADOPT RESOLUTION NO. 03-005, TO REQUEST CONVEYANCE OF FIVE PARCELS FROM THE STATE OF MINNESOTA TO THE CITY OF COTTAGE GROVE AND DESIGNATING TWO TAX-FORFEITED PARCELS FOR RESTRICTED SALE. L. ADOPT RESOLUTION NO. 03-006, AUTHORIZING EXECUTION OF A GRANT AGREEMENT BETWEEN THE CITY AND THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES RELATING TO SNOWMOBILE ENFORCEMENT, AND AUTHORIZE JOHN A. MICKELSON TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. M. PASS ORDINANCE NO. 725, AN ORDINANCE AMENDING TITLE 5, CHAPTER 5-4-4 OF THE COTTAGE GROVE CITY CODE RELATING TO DOGS AND CATS; ADOPTING MINNESOTA STATUTES SECTIONS 347.50 THROUGH AND INCLUDING 347.56 RELATING TO DANGEROUS/POTENTIALLY DANGEROUS DOGS. N. ADOPT RESOLUTION NO. 03-007, UNDESIGNATING 0.51 MILES OF HINTON THTH AVENUE SOUTH FROM 70 STREET SOUTH TO 65 STREET SOUTH AS A MUNICIPAL STATE AID STREET IN THE CITY OF COTTAGE GROVE. O. ADOPT RESOLUTION NO. 03-008, SUPPORTING THE 2003 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM APPLICATION. Regular Meeting – January 8, 2003 Cottage Grove City Council Page 5 of 9 P. APPROVE THE ENGINEERING RATES OF BONESTROO, ROSENE, ANDERLIK & ASSOCIATES FOR 2003. Q. AUTHORIZE THE PURCHASE AGREEMENT FOR FOUR (4) CONDOMINIUM UNITS AT 7121 EAST POINT DOUGLAS ROAD, COTTAGE GROVE. MOTION CARRIED. 5-0. 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 - NONE BID AWARDS - NONE UNFINISHED AND NEW BUSINESS A. Liquor Compliance Checks Mayor Shiely noted that the Public Safety Department conducted alcohol compliance checks on two separate occasions – September 14, 2002 and November 22, 2002 at which time three (3) licensed businesses failed. She noted that the three licensees were invited to this meeting to either admit that they made an unlawful sale to a minor or deny the allegation and request a contested case hearing before an administrative law judge. Betty Schultz, owner of the Boondocks Bar and Grill, denied the alleged liquor violation and requested a contested case hearing. Mayor Shiely directed the City Attorney to schedule a contested case hearing before an administrative law judge. Dennis Woulfe of DMD Inc., dba/DeMori’s Restaurant and D-Bar Lounge, admitted to the unlawful sale of liquor to a minor during the liquor compliance check conducted on September 14, 2002. Dave LaRue, manager of G-Will Liquor and representing the licensee, Cherokee Liquors, Inc., admitted to the unlawful sale of liquor to a minor during the liquor compliance check conducted on November 22, 2002. MOTION BY RICE, SECONDED BY GROSSKLAUS, TO IMPOSE A $500.00 CIVIL FINE AGAINST DMD, INC., FOR THEIR FIRST LIQUOR VIOLATION IN A 24-MONTH PERIOD. MOTION CARRIED. 5-0. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO IMPOSE A $500.00 CIVIL FINE AGAINST CHEROKEE LIQUORS, INC., FOR THEIR FIRST LIQUOR VIOLATION IN A 24-MONTH PERIOD. MOTION CARRIED. 5-0. Regular Meeting – January 8, 2003 Cottage Grove City Council Page 6 of 9 RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS - NONE COUNCIL COMMENTS AND REQUESTS Referencing an article in the Pioneer Press, Council Member Kohls commented she was surprised to read that the Community Development Department would be taking over responsibility of the Advisory Committee on Historic Preservation. Administrator Schroeder stated that the department has always overseen historic preservation activities and at an upcoming meeting, the Council will receive information on staffing historic preservation duties previously handled through a contract with Mr. Robert Vogel. Kohls stated the City Council should discuss the option of hiring a professional historian. Kohls suggested discussing this in a workshop session following the next Historic Preservation Committee meeting. Mayor Shiely commented that the continuation of express bus service to downtown Minneapolis in the future is essential. She stated she would like to hold a workshop session to discuss what the City Council can do to ensure continued service. PAY BILLS MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE PAYMENT OF CHECK NUMBERS 127194 THROUGH 127424 TOTALING $1,159,213.90. NOTE: CHECK NUMBERS 127194 THROUGH 127258 TOTALING $172,097.58 WERE ISSUED BEFORE COUNCIL APPROVAL. MOTION CARRIED. 5-0. WORKSHOP SESSION A. Curb Damage Dave Hanson of Bonestroo, Rosene, Anderlik & Associates, reported that developers/builders are damaging curbs within residential developments during home construction. He presented a proposal to modify the existing road construction process, under which, the City would initially install a temporary bituminous mat and bituminous curb and gutter. After a significant percent of a project is build, the public improvements contractor would return to reclaim the temporary pavement and install concrete curb and gutter. Hanson highlighted the estimated cost of the new process. He reviewed the advantages and disadvantages noting that the benefits outweigh the disadvantages. He noted that the cost is about the same as replacing 40% of the concrete curb under the existing process and homeowners get a new road. Council heard testimony from Ken Boyden, Chair of the Public Works Commission, and Steve Jeb of Newland Communities, developer of the Highland Hills project. Regular Meeting – January 8, 2003 Cottage Grove City Council Page 7 of 9 Ken Boyden stated that the Public Works Commission went on a tour to observe the curb damage in different developments. He noted that curbs 5-10 years old are not damaged, but curbs within new developments are damaged. Boyden commented that perhaps part of the problem is lack of care for the curbs by the builders. He stated that he does not believe it is a question of the quality of the contractor or the concrete, as much as the use and abuse of the curbs by home builders. Steve Jeb expressed concern on defining and establishing a “fixed” cost when the final cost of a street and curb and gutter will not be known for two to three years after a lot is sold. When he prices a lot, he stated he needs to estimate what the final costs will be for the ultimate street section. Another concern he expressed was by having to wait a few years longer, development contracts and letters of credits will be left open another year. He also questioned whether they would be assessed based on an estimate and if the estimate is too high or too low, would they get a refund or be billed the additional amount. Lastly, Mr. Jeb noted that the biggest issue would be educating the new resident on what is going to happen. In other words, today you have a bituminous curb, in two to three years your street will be completely ripped up and replaced, and a new concrete curb and gutter installed. For a week to 10 days, you will not be able to use your driveway. Kohls commented that she was surprised to learn that it costs an additional $4,500 per lot for damage caused by contractors. Hanson responded that when you look at the lot costs to build an entire street, the damage that is occurring is ranging from $800 to $1,000 per lot. Kohls asked whether it would be possible to at the time of the development agreement to come up with a fixed cost for the new process. Hanson responded that we could come up with a cost that could be included in the development agreement based on data they have on unit prices. Kohls commented that staff, engineering and the Public Works Commission should come up with a method of establishing a fixed cost. She agreed that we need to do something. Kohls referenced a comment made by Hanson in his presentation and asked whether or not there are industry standards. If there is damage in Cottage Grove, are other communities experiencing the same damages? How are they handling the damages, development agreement, and assessments? Hanson stated that there is no standard to say this piece of concrete curb is acceptable or not acceptable. A cracked curb typically means something failed. If something is cracked, in the industry it is replaced. For cracks, some developers think they should be allowed to saw and fill the crack. Hanson stated that he has visited the cities of Apple Valley, Eagan, Maple Grove, and Plymouth and has talked to developers who develop in various communities to see whether this problem is specific to the Cottage Grove area. Cities are at different stages with this issue. There is a new awareness to this problem. Mr. Jeb stated that the difference between his company and others is they do not build the house they develop the infrastructure. The faster that they can sell the lots and the faster the house is built, the quicker they can pay off the money they borrow to complete the project. He commented that some of the other cities they work in do not handle public improvements. They let the Regular Meeting – January 8, 2003 Cottage Grove City Council Page 8 of 9 developers hire the contractors. The developer is then solely responsible for all the costs. The City does not pay the bills, the developer does. The City still inspects and approves everything, but the developer pays for the improvements. Wolcott commented that if an estimated fixed cost is high, the developer should receive a refund. If the estimate is too low, the developer should pay the difference to the City. Mayor Shiely stated that this should be a part of the discussion, a history of why we improve and assess the improvements. She stated that one of the nagging things that keeps popping into her mind is we have had problems in the past with material and/or contractors. That is the first thing that came to mind. She stated she does not know whether the Council wants to go ahead with the new process. Wolcott stated that the Council should tell staff that the Council is leaning toward the new process but there are things that need to be worked out with developers and financing. He stated the Council wants to work with developers and at the same time protect the citizenry. Eventually, it will have be a part of the development agreement. Mr. Boyden stated that if the City is not involved in the financing, the homeowner is at the mercy of dealing with a developer. Kohls asked Mr. Boyden whether he was able to discuss with any residents their feelings on having a developer replace their street and install concrete curb and gutter two years after their home is built. Boyden responded that did not have any direct contact with residents on this issue. Kohls asked for clarification on the new process. Hanson stated under the new process a bituminous street and bituminous curb would be installed. At some point, the contractor would grind up the pavement, mix it with gravel base, and then install a new concrete curb followed by new pavement. Wolcott commented that this is not what he originally thought. He stated he thought we would only cut the edges. Public Works Director Les Burshten commented he is looking for Council authorization to proceed with the proposal and return at a future date with more information. He stated long-term, the advantages far outweigh the disadvantages. Kohls agreed that something needs to be done. She asked staff to address the issue of how we will educate the public on the new process proposed. Community Development Director Lindquist commented that ultimately they would have to estimate high because it would be harder to amend a development agreement later in the process. Right now, we have Orrin Thompson, Pulte Homes that build out rather quickly. If a developer does not, that would be an issue too. There has been discussion that we would not bring in the new road until 80% of the project is constructed. That could take 4-5 years to Regular Meeting – January 8, 2003 Cottage Grove City Council Page 9 of 9 achieve. What would that do to the homeowners and work in terms of the assessment, the validity of the development agreement? Shiely commented that the City is building the streets and the builders are damaging it. Why should the homeowner, however, have to pay for it and deal with the inconvenience. Rice commented that during his construction days, any time they had a dumpster come, they always made sure the curb was protected from being chipped and cracked. He stated he is not convinced that the process should be changed because we have some lazy subcontractors out there who are not concern about protecting the curb. ADJOURNMENT MOTION BY GROSSKLAUS, SECONDED BY RICE, TO ADJOURN THE REGULAR MEETING. MOTION CARRIED. 5-0. Adjourned at 9:10 p.m. Respectfully submitted, Caron M. Stransky City Clerk