HomeMy WebLinkAbout2014-12-03 MINUTES
COTTAGE GROVE CITY COUNCIL
City of Cottage Grove, Minnesota
Regular Meeting
December 3, 2014
OPEN FORUM
At 7:15 p.m., Mayor Myron Bailey opened Open Forum and stated that during Open
Forum a person may address the City Council on any subject not on the regular
meeting agenda, but must limit their remarks to three 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 at 7:30 p.m.
The following were present: Council Member Justin Olsen, Council Member Jen
Peterson, Council Member Dave Thiede, and Mayor Myron Bailey.
The following were absent: Council Member Derrick Lehrke.
Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk;
Robin Roland, Finance Director; Korine Land, City Attorney-LeVander, Gillen & Miller,
PA; Jennifer Levitt, City Engineer; Craig Woolery, Public Safety Director; and Les
Burshten, Public Works Director.
Mayor Bailey asked if anyone in the audience wished to address the City Council on
any topic not on the agenda.
David Mueller, 8019 Grafton Avenue South, expressed a desire to have an Aldi’s store
locate in the City.
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 December 3, 2014 at the Cottage Grove City Hall, 12800 Ravine
Parkway. Mayor Bailey called the meeting to order at 7:30 p.m.
PLEDGE OF ALLEGIANCE
The audience, staff, and the Mayor and Council Members pledged allegiance to the flag
of the United States of America.
Cottage Grove City Council 2
December 3, 2014 Regular Meeting
ROLL CALL
The following were present: Council Member Derrick Lehrke, Council Member Justin
Olsen, Council Member Jen Peterson, Council Member Dave Thiede, and Mayor Myron
Bailey.
The following were absent: None.
Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk;
Robin Roland, Finance Director; Korine Land, City Attorney-LeVander, Gillen & Miller,
PA; 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
The Council pulled item E for a separate vote.
Motion by Council Member Olsen, seconded by Council Member Lehrke, to:
A. Accept and place on file the following minutes:
i. Planning Commission meeting from October 27, 2014.
B. Receive notification of cancelled public hearing on issuance of conduit
debt on behalf of Charter Schools Development Corporation/Hiawatha
Academies.
C. Adopt Resolution No. 2014-109, a resolution ordering the update of the
City of Cottage Grove’s alternative Urban Area Wide Review (AUAR) for
the East Ravine.
D. Adopt Resolution No. 2014-110, a resolution approving the preliminary
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plat named Glengrove Industrial Park 4 Addition.
Cottage Grove City Council 3
December 3, 2014 Regular Meeting
Adopt Resolution No. 2014-111, a resolution approving the final plat
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named Glengrove Industrial Park 4 Addition.
E. Removed from Consent Calendar for separate vote.
F. Authorize Parks and Recreation Department staff to apply for grants and
solicit donations which have zero monetary requirements for use at the
Woodridge Park Inclusive Playground.
G. Approve the amended assessment appeal waiver agreement for Lots 24
and 25, Block 3, Homestead at Highland Hills Addition, extending the
payment deadline for water/sewer system improvements until November
15, 2015.
H. Approve the assessment appeal waiver agreement for the 7341 Harkness
Avenue Improvement Project between the City of Cottage Grove and John
Steenlage/Jena Kleis.
Motion carried. 5-0.
E. Consider Ordinance Amending Fees
Motion by Council Member Olsen, seconded by Council Member Peterson, to
pass Ordinance No. 937, an ordinance for the City of Cottage Grove amending
fees for: (1) Licenses and Permits; (2) Miscellaneous Charges; (3) Land
Use/Development; (4) Building/Construction Permits; (5) Utilities; (6) Street
Lighting; (7) Public Safety; (8) Parks and Recreation; (9) Golf Course, and to
adopt Resolution No. 2014-112, a resolution authorizing publication of Ordinance
No. 937 an ordinance establishing fees by title and summary. Motion carried. 4-1
with Council Member Lehrke voting nay.
5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES – None.
6. PUBLIC HEARINGS
A. Hold Public Hearing for the 2015 Pavement Management Project
City Engineer Levitt summarized the proposed project and preliminary
assessment roll. She recommended that the City Council adopt a
resolution ordering the 2015 Pavement Management Project and
authorize preparation of plans and specifications for projects F2, F3, F4,
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90 Street, Grey Cloud Trail, Woodridge Park, and for the 97 Street and
Hemingway Avenue Improvements.
Cottage Grove City Council 4
December 3, 2014 Regular Meeting
City Engineer Levitt stated that the City received letters from Gary and
Sandy Franssen, 8598 Jewel Avenue South and Eileen M. McMonigal,
8159 Jensen Avenue South on the improvement project. The letters are
attached to the original minutes.
Mayor opened the public hearing to receive comments from those in
attendance.
The Council received testimony from Dick Lippert, 8858 Jewel Avenue
South; Mr. Davies of Hillside Trail South; Mark Gable, 10655 Grey Cloud
Trail South; Michael Hynes, representing Sandkamp Farms; Bruce
Benedict, 8523 Jewel Avenue South; Sherry Lacrasse, 10650 Grey Cloud
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Trail South; Diane Fuller, 81 Street South; and Betsy Dippel of Grey
Cloud Trail South.
Dick Lippert, 8858 Jewel Avenue South, stated that he had two issues to
present. The first issue related to the estimated life expectancy of the
roads and the second issue related to the aggregate price of the entire
project spread out amongst those of us who have lots that can be
assessed. He stated he was not sure it was fair assessing him for the cost
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of 90 Street, adjacent to Woodridge Park.
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City Engineer stated that the improvements to 90 Street and the area
adjacent to Woodridge Park would be paid for by the City.
Mr. Davies, Hillside Trail, stated that when you rate the streets, what are
the ratings for Hillside Trail and Hillside Trail?
City Engineer Levitt stated that Hillside Trail had a 65 adjacent to Jamaica
Avenue and then it transitioned to 60, 55, 50, 45, and then back to 50. She
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stated that she does not that the ratings for Jamaica and 80 Street with
her tonight.
Mark Gable, 10655 Grey Cloud Trail, stated that today, his wife measured
how much truck traffic there was from Aggregate Industries and she
measured more than 40 dump trucks per minute. There is one big user,
Aggregate Industries, that has destroyed the road and they should be
paying for their share. If you go forward with this project, are there going to
be road restrictions, are you going to size it so it handles dump trucks, and
are you going to increase the right-of-way.
Cottage Grove City Council 5
December 3, 2014 Regular Meeting
City Engineer Levitt stated that as part of the conditional use permit that
Aggregate Industries has, we have a very detailed formula. In the formula
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they pay us for the section of road in Grey Cloud or 103 Street that was
not built for a nine-ton standard, so that is probably why we are seeing it
deteriorate quicker.
City Engineer Levitt advised Council Member Olsen that we can look at
the cost deferential between a six ton load and nine ton load and obtain a
second opinion on the special benefit appraisal.
Michael Hines, a representative of the Sandkamp farm, stated that he
would like to obtain a copy of the analysis for the special benefit appraisal.
What he has been told is that it is available on the City’s website. The
website says nothing other than there is a special benefit appraisal.
City Engineer Levitt stated that what the resident has requested is
additional computations on how the special benefit appraisal was
calculated and in the report it indicates that those computations, notes and
assumptions are in the consultant’s files. The City does not have the data
that he has requested.
City Attorney Land stated that this is not the assessment hearing. This is
the public hearing to determine whether or not we should order the
improvement project. The residents will have every opportunity and every
right to challenge the amount of their assessment at a later date.
Council Member Olsen asked whether we can obtain the calculations from
the appraiser and if so, at what cost.
City Attorney Land stated that the calculations are considered the
consultant’s work product and they are generally not public data and it is
protected data by the consultant. If an assessment is challenged, they will
need to come up with the information at a later assessment hearing. If we
were to try to get the information from the consultant, we would have to
sue them.
Council Member Thiede stated that he will want to talk about this a little
more because he will want to know the basis for the assessment.
Bruce Benedict, 8523 Jewel Avenue South, asked whether we are going
to change the grade at the bottom of the hill on Hillside Trail and Jamaica
Cottage Grove City Council 6
December 3, 2014 Regular Meeting
Avenue. He also asked whether the City would be sending out
construction timelines that they will need to follow.
City Engineer Levitt explained the inspection process noting that once the
City Council orders the project, they will evaluate what options exist. Once
they launch into the formal design they can look at which options exist with
the residents. Another question raised was about driveway replacement.
Residents are going to get a lot of correspondence and door hangers from
the City so you will know what is happening on your street. If you were
thinking about re-doing your driveway, this would be the window of
opportunity to do that work and we would give you the name of the
inspector to coordinate that activity.
City Engineer Levitt noted that it would be helpful if residents would take
pictures of their driveway and front yards because it would give us
something to compare our pictures with.
Sherry Lacrasse, 10650 Grey Cloud Trail South, stated she understands
the concern about continuing to go forward with the project. It is
concerning because it is almost like we are offering up a blank check. She
is not going to have any work done on her property until she knows what it
is going to cost her. Another thing that struck her was when it was stated
that Aggregate Industries had proposed how many trucks and how often
the trucks would be traveling on that road. Does anybody even know how
many trucks really travel the road and how often? She is neighbors with
Gabel’s and has experienced the same thing trying to get off the road and
get into her driveway. She has to sit there for three or four semi-trucks to
go by before she can even pull into her driveway. Those are her two
concerns.
City Engineer Levitt stated that a challenge that we have is that Aggregate
Industries is not just hauling from their bridge section. They have product
that they ship out of their site so we can only track the amount associated
with the bridge. One of the things that we would have time in the summer
to do is an actual traffic count to figure out some of the data in regards to
truck traffic versus automobile to get a better handle on the total export
from the site via truck or barge. We would have to get more data and that
may be one of those factors we bring back at the assessment hearing for
your consideration.
Cottage Grove City Council 7
December 3, 2014 Regular Meeting
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Diane Fuller, 81 Street South, stated that she does not understand not
having full information. With today’s technology, an excel spreadsheet
would give you every piece of information you need.
Betsy Dippel, 10020 Grey Cloud Trail South, asked why waterfront people
pay more than non-waterfront people.
City Engineer Levitt stated she is an engineer and not an appraiser so she
cannot tell you all the logic but the land value associated with waterfront
would receive a greater benefit due to that land value.
City Administrator Schroeder stated that when we asked the benefit
appraiser to do this work we told him to give us the assessment that we
could defend in court and so he does that by judging what the benefit of
the project would be to various parcels of property. What he has
determined in his work is that there is a greater benefit to waterfront
property.
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Jim Jansen, 9649 90 Street South, stated that the City Engineer said that
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the agricultural land, east of Jewel on 90 Street, would not be assessed,
is that correct?
City Engineer Levitt responded that that was correct.
Mayor Bailey closed the public hearing.
Council Member Olsen stated that he would like to have a second
appraisal completed of the same parcels and determine whether or not
Aggregate Industries needs to bear a greater responsibility and cost to
upgrade the road.
City Administrator Schroeder stated that as far as timing, if that is part of
the question, one path you could take is to order the project, do the plans
and specifications and in the meantime have a second benefit appraisal
completed. By the time the plans and specifications are done you will
probably have the appraisal.
Council Member Olsen stated that the second part of the question is what
we do about ensuring that there is fairness and that Aggregate Industries
bears the appropriate amount of the responsibility and cost.
Cottage Grove City Council 8
December 3, 2014 Regular Meeting
City Administrator Schroeder stated that a part of that might be a legal
response and that legal response might not be an immediate one. One
that was mentioned by one of the residents tonight was to verify the traffic.
Do an analysis as was mentioned based upon certain assumptions and
analysis and it would make sense to verify if those assumptions are
correct. If they are we certainly would have a conversation about that.
How that relates to timing he is not sure. The other piece would be sort of
a legal response.
City Attorney Land stated that one of the concerns she would have is that
Aggregate Industries was not noticed for this meeting so they have no
idea that they could possibly be assessed for the project; however, that
does not mean that that cannot be corrected. So we could notice them,
hold another hearing if there is sufficient time to do that.
City Attorney Land stated that another option is to revisit the Aggregate
Industries’ conditional use permit because as you know, one of the
conditions was that we based our formula on the number of trips. If that
has changed or if they underestimated the number of trips, it is only fair
that we bring them back and revisit the formula and the actual number of
trips that we can prove and then revisit the math on how much they are
paying for the road. That is a second option.
Motion by Council Member Olsen, seconded by Council Member Thiede,
to adopt Resolution No. 2014-113, a resolution ordering the project and
authorizing preparation of plans and specifications for the 2015 Pavement
Management Project. Motion carried. 4-1 with Council Member Lehrke
voting nay.
Motion by Council Member Olsen, seconded by Council Member
Peterson, to ask for a second benefit appraisal on the Grey Cloud Island
portion of the project and ask for us to do some in depth research relative
to the current CUP conditions surrounding Aggregate Industries. Motion
carried. 5-0.
7. BID AWARDS – None.
8. UNFINISHED AND NEW BUSINESS
A. Consider Adopting Resolutions Approving the Property Tax Levy and the
2015 City Budget
Cottage Grove City Council 9
December 3, 2014 Regular Meeting
Finance Director Roland summarized the property tax levy for taxes
payable in 2015 and the 2015 City Budget.
Motion by Council Member Olsen, seconded by Council Member
Peterson, to adopt Resolution No. 2015-114, a resolution adopting the
2014 Tax Levy Collectible in 2015 and to adopt Resolution No. 2015-115,
a resolution adopting the 2015 Budget for the City of Cottage Grove.
Motion carried. 4-1 with Council Member Lehrke voting nay.
B. 1. Consider Ratifying the Prior Action of the EDA to Approve the First
Amended Contract for Private Development Between the EDA and
Leafline Labs, LLC. 2. Consider Approving the Assessment Appeal Waiver
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Agreement for the Property at 8235 97 Street for a Development
Improvement Project and a Sidewalk Improvement Project. 3. Consider
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adopting an Assessment against the Property Located at 8235 98 Street
in the amount of $951,887 with a Second Assessment in the amount of
$100,000. 4. Affirm the form and use of the enclosed Right of Entry
Agreement.
City Administrator Schroeder highlighted the action needed by the City
Council.
Motion by Council Member Thiede, seconded by Council Member
Peterson, to ratify the prior action of the EDA to approve the First
Amended Contract for Private Development between the EDA and
Leafline Labs, LLC. Motion carried. 5-0.
Motion by Council Member Peterson, seconded by Council Member
Thiede, to approve the assessment appeal waiver agreements for
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property located at 8235 97 Street South for a development
improvement project and a sidewalk improvement project. Motion carried.
5-0.
Motion by Council Member Thiede, seconded by Council Member
Peterson, to adopt an assessment against the property located at 8235
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97 Street South in the amount of $951,887 with a second assessment in
the amount of $100,000. Motion carried. 5-0.
Motion by Council Member Lehrke, seconded by Council Member Olsen,
to affirm the form and use of the right-of-entry agreement by and between
the Cottage Grove Economic Development Authority and Leafline Labs,
LLC. Motion carried. 5-0.
9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND
REQUESTS – None.
Cottage Grove City Council 10
December 3, 2014 Regular Meeting
10. COUNCIL COMMENTS AND REQUESTS
Council Member Peterson announced that the next Fare for All is December 4;
the Holiday Pancake Breakfast is December 7 at the VFW; and the winter
parking ban is in effect. She encouraged residents to clean around their fire
hydrants.
Council Member Olsen asked whether emergency vehicles have any problem
driving through a new developments when work vehicles are parked on both
sides of the street.
Mayor Bailey announced that there is a Holiday Train pancake breakfast at St.
Rita’s Church, a Santa Breakfast at River Oaks, and the nomination deadline is
December 8 for the Holiday Lite Displays, and lastly, December 10 is the Holiday
Train stop in Cottage Grove.
11. PAY BILLS
Motion by Council Member Olsen, seconded by Council Member Peterson, to
approve payment of check numbers 188814 through 189040 in the amount of
$1,011,133.78 and EFT payment of $147,774.83. Motion carried. 5-0.
12. WORKSHOP SESSION – OPEN TO PUBLIC – None.
13. WORKSHOP SESSION – CLOSED TO PUBLIC - None.
ADJOURNMENT
Motion by Council Member Lehrke, seconded by Council Member Thiede, to adjourn
the regular meeting at 10:20 p.m. Motion carried. 5-0.
Prepared by,
Caron M. Stransky
City Clerk
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