HomeMy WebLinkAbout2023-10-04 Council Regular Meeting Public Packet (3)1
COTTAGE GROVE CITY COUNCIL October 4, 2023
12800 RAVINE PARKWAY SOUTH
COTTAGE GROVE, MINNESOTA 55016
COUNCIL CHAMBER- 7:00 PM
1 Call to Order
2 Pledge of Allegiance
3 Roll Call
4 Open Forum
5 Adoption of Agenda
6 Presentations
A Proclamation Honoring Hispanic Heritage Month
Staff Recommendation: Proclaim September 15 through October 15, 2023 Hispanic Heritage Month.
B Recognition of Rigo Aguirre - National Latino Police Officer's Association's 2023 Lifetime
Award
Staff Recommendation: Recognize Commander Rigo Aguirre’s accomplishment of the NLPOA Lifetime
Award.
C Fire Prevention Week Proclamation and Fire Department Open House Overview
Staff Recommendation: Proclaim the week of October 8 to 14, 2023, as Fire Prevention Week and receive a
brief presentation about the Fire Department Open House.
7 Consent Agenda
A September 6, 2023, Special Meeting Minutes
Staff Recommendation: Approve the September 6, 2023, Special Meeting Minutes.
B September 6, 2023, Regular Meeting Minutes.
Staff Recommendation: Approve the September 6, 2023, Regular Meeting Minutes.
C Liquor License - Bills Liquor, LLC
Staff Recommendation: Approve the Off- Sale Liquor application for Bills Liquor, LLC, located at 7155
Jorgensen Lane South #150, Cottage Grove, Minnesota.
D Tobacco License - Bills Liquor, LLC
Staff Recommendation: Approve the Tobacco application for Bills Liquor, LLC, located at 7155 Jorgensen
Lane South #150, Cottage Grove, Minnesota.
E Wahington County Election Joint Powers Agreement
Staff Recommendation: Approve the Joint Powers Agreement with Washington County for elections
administration.
F Approval of Rental Licenses
Staff Recommendation: Approve the issuance of rental licenses to the properties listed in the attached table.
2
G Authorization to Apply for Firehouse Subs Public Safety Foundation Grant
Staff Recommendation: Authorize the Fire Department to apply to the Firehouse Subs Public Safety
Foundation for a grant up to $35,000.00.
H Appointment of Brad Petersen to Deputy Director of Public Safety- Police Captain
Staff Recommendation: Approve the appointment of Brad Petersen to the position of Deputy Director of
Public Safety – Police Captain, effective Monday, January 1, 2024.
I Shoppes CPF Grant Approval
Staff Recommendation: Approve the Community Project Funding Grant Agreeement B-22-CP-MN-0496 with
the Department of Housing and Urban Development for the Shoppes at Cottage View Project.
J MN Highway Freight Grant
Staff Recommendation: Adopt Resolution 2023-129 supporting the City's Minnesota Highway Freight
Program application for the County Road 19A/100th Street Realignment Project.
K State of Minnesota's 50 Acre Acquisition of Property
Staff Recommendation: Authorize Resolution 2023-119 supporting the acquisition of a 50-acre portion of the
Gustafson property by the Minnesota Department of Natural Resources and inclusion in the Grey Cloud
Dunes Scientific and Natural Area.
L Hamlet Park Phase 3 Project - Final Payment
Staff Recommendation: Adopt Resolution 2023-127, approving the final payment for the Hamlet Park Phase
3 Project to Miller Excavating Inc. in the amount of $81,769.11.
M 2023 Mill & Overlay Project - Final Payment
Staff Recommendation: Adopt Resolution 2023-128 approving the final payment for the 2023 Mill and
Overlay Project to Bituminous Roadways Inc. in the amount of $27,322.28.
8 Approve Disbursements
A Approve Disbursements
9 Public Hearings
10 Bid Awards
11 Regular Agenda
A Declare Vacancy - Councilmember Dennis
Staff Recommendation: Adopt Resolution 2023-130 accepting Councilmember Dennis' resignation and
declaring a vacancy. Approve the appointment process outlined in the memo.
12 Council Comments and Requests
13 Workshops - Open to Public
14 Workshops - Closed to Public
15 Adjournment
1
City Council Action Request
6.A.
Meeting Date 10/4/2023
Department Administration
Agenda Category Presentation
Title Proclamation Honoring Hispanic Heritage Month
Staff Recommendation Proclaim September 15 through October 15, 2023 Hispanic
Heritage Month.
Budget Implication
Attachments 1. Hispanic Heritage Month 2023 Proclamation
PROCLAMATION HONORING HISPANIC HERITAGE MONTH
SEPTEMBER 15 — OCTOBER 15, 2023
WHEREAS, National Hispanic Heritage Month, established in 1988, is an opportunity to
celebrate the rich cultural traditions and honor the significant achievements of our Hispanic,
Latina/Latino and Latin American communities; and
WHEREAS, Hispanic and Latino Americans have made enormous contributions to our
diverse society by sharing their talents, culture, traditions, and their deep connection to family
values and a commitment to faith and a desire to live the American dream; and
WHEREAS, the Hispanic community has had a profound influence on our country
through their strong commitment to family, faith, hard work, and services, and they have
enhanced and shaped our national heritage with centuries-old traditions that reflect the
multiethnic and multicultural customs of their community; and
WHEREAS, we recognize and honor the many ways that Hispanics have enriched the
fabric of our society while also rededicating ourselves to address the lack of equal access to
opportunity that many still face; and
WHEREAS, the City of Cottage Grove is proud to honor the history and contributions of
Hispanics in our community and throughout our State and our Nation.
NOW, THEREFORE, the Mayor and City Council of the City of Cottage Grove, County of
Washington, State of Minnesota, hereby proclaim September 15 through October 15, 2023, as:
HISPANIC HERITAGE MONTH
Passed this 4th day of October 2023.
_____________________________________
Myron Bailey
Mayor
1
City Council Action Request
6.B.
Meeting Date 10/4/2023
Department Public Safety
Agenda Category Presentation
Title Recognition of Rigo Aguirre - National Latino Police Officer's
Association's 2023 Lifetime Award
Staff Recommendation Recognize Commander Rigo Aguirre’s accomplishment of the
NLPOA Lifetime Award.
Budget Implication N/A
Attachments None
1
TO: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
FROM: Pete Koerner
DATE: October 4, 2023
RE: Recognition of Rigo Aguirre - National Latino Police Officer's Association's 2023
Lifetime Award
Discussion
Recently, Commander Rigo Aguirre was awarded the National Latino Police Officer
Association (NLPOA) Lifetime Award at the national conference.
Rigo has been involved with the NLPOA since he was a law enforcement student. He has
been the Treasurer, Vice President, and is currently the President of the Minnesota Chapter
and on the NLPOA Executive Board of Directors.
Rigo is a community member and often partners with the Cottage Grove Public Safety
Department. Rigo really is a leader who supports, promotes, and contributes to the growth and
success of the Minnesota Latino community.
The NLPOA Lifetime award is presented to someone who has shown great commitment to the
mission and goals of the NLPOA, and to the organization. Rigo has certainly achieved that
and more.
Recommendation
Recognize Commander Rigo Aguirre’s accomplishment of the NLPOA Lifetime Award.
Attachments
None
1
City Council Action Request
6.C.
Meeting Date 10/4/2023
Department Public Safety
Agenda Category Presentation
Title Fire Prevention Week Proclamation and Fire Department Open
House Overview
Staff Recommendation Proclaim the week of October 8 to 14, 2023, as Fire Prevention
Week and receive a brief presentation about the Fire Department
Open House.
Budget Implication N/A
Attachments 1. Fire Prevention Week Proclamation 2023
PROCLAMATION
Fire Prevention Week
WHEREAS, the City of Cottage Grove is committed to ensuring the safety and security of all
those living in and visiting our state; and fire is a serious public safety concern both locally and
nationally, and homes are the locations where people are at greatest risk from fire; and
WHEREAS, according to the National Fire Protection Association® most recent data, U.S. home
fires resulted in 2,800 civilian deaths in 2021, and fire departments in the United States responded to
338,000 home fires; and
WHEREAS, cooking is the leading cause of home fires in the United States; and two of every five
home fires start in the kitchen with 31% of these fires resulting from unattended cooking; and
WHEREAS, more than half of reported non-fatal home cooking fire injuries occurred when the
victims tried to fight the fire themselves; and
WHEREAS, Cottage Grove residents should turn pot handles toward the back of the stove;
always keep a lid nearby when cooking; keep a three-foot kid-free zone around the stove, oven, and
other things that could get hot; watch what they heat; and set a timer to remind them that they are
cooking; and
WHEREAS, residents who have planned and practiced a home fire escape plan are more
prepared and will therefore be more likely to survive a fire; and working smoke alarms cut the risk of
dying in reported home fires almost in half; and
WHEREAS, Cottage Grove first responders are dedicated to reducing the occurrence of home
fires and home fire injuries through prevention and protection education; and
WHEREAS, Cottage Grove residents are responsive to public education measures and are able to
take personal steps to increase their safety from fire, especially in their homes; and
WHEREAS, the 2023 Fire Prevention Week theme, “Cooking safety starts with YOU. Pay
attention to fire prevention.," effectively serves to remind us to stay alert and use caution when cooking
to reduce the risk of kitchen fires.
NOW, THEREFORE, the Mayor and City Council of the City of Cottage Grove, County of
Washington, State of Minnesota, hereby proclaim the week of October 8-14, 2023, as: “Fire Prevention
Week” with the theme, “Cooking safety starts with YOU. Pay attention to fire prevention.” And
encourages all Cottage Grove residents to check their kitchens for fire hazards and use safe cooking
practices.
Passed this 4th day of October, 2023.
_____________________________________
Myron Bailey
Mayor
1
City Council Action Request
7.A.
Meeting Date 10/4/2023
Department Administration
Agenda Category Action Item
Title September 6, 2023, Special Meeting Minutes
Staff Recommendation Approve the September 6, 2023, Special Meeting Minutes.
Budget Implication N/A
Attachments 1. 2023-09-06 City Council Special Meeting
CITY OF COTTAGE GROVE 12800 Ravine Parkway Cottage Grove, Minnesota 55016
www.cottagegrovemn.gov 651-458-2800 Fax 651-458-2897 Equal Opportunity Employer
MINUTES
COTTAGE GROVE CITY COUNCIL September 6, 2023
COUNCIL CHAMBERS
12800 RAVINE PARKWAY SOUTH
SPECIAL MEETING - 6:00 P.M.
TRAINING ROOM
1. CALL TO ORDER
Mayor Bailey called the Special Meeting to order at 6:00 p.m.
2. ROLL CALL
City Clerk Tammy Anderson called the roll: Mayor Bailey-Here; Council Member
Khambata-Here; Council Member Dennis-Here; Council Member Thiede-Arrived after
Roll Call; Council Member Olsen-Here.
3. REGULAR AGENDA
A. Mississippi Landing Concept Plan Review
Staff Recommendation: 1) That the City Council review the Concept Plan
submitted by Rachel Development and provide feedback. 2) Approve the
Preliminary Development Agreement with Rachel Development, Inc.
Mayor Bailey stated the purpose of this workshop is to look at an updated Concept Plan
by Rachel Development for the Mississippi Landing area. Paul Robinson, the
Development Director of this project, will give us a presentation. Mayor Bailey asked
that questions be held until the end of the presentation.
Paul Robinson, Development Director of Rachel Development, stated he’s in charge of
this development. Rachel Development has existed for about eight-or-nine years;
they’ve developed about 5,000 residential units, including 70 projects across the Twin
Cities and some upstate. They build single-family residential, a senior memory care
product, and also apartments; so, they have a full spectrum of development.
He stated about two years ago Pulte started with this project and had open houses,
went through the EAW process, had a Master Plan approved, then a Master Park Plan
was approved. It was all kind of circling around this property, Mississippi Landing, with
the plat approved in March 2022. Pulte let the property go.
City Council Special Meeting Minutes
September 6, 2023
Page 2
He had been working on this property prior to Pulte, so he knew David Gustafson and
Doc and he made offers way back. It’s a pretty competitive piece of property but he
talked to Mr. Gustafson and put it under contract about six months ago, in March.
Director Robinson stated he knows he hasn’t been here for six months, but we have
been working quite hard over the last few months trying to figure out a way to make this
project work. So, we reviewed all of the work that was completed, the EAW, the
historical home analysis, the archaeological analysis, and the environmental Phase 1,
Phase 2; there are probably 2,000-3,000 pages of documents that have been done for
this project. We came up with our own cost estimates; we helped Mr. Gustafson and the
City work together on coming up with an agreement to dedicate this park and the
access to the park. We did our own market analysis, and have had numerous meetings
with builders to get them familiar with this area, for some of those that weren’t.
Ultimately, we just worked on ways to close the gap between what we saw to make
this a successful project.
Director Gustafson reviewed what he’d be speaking about tonight, including:
A refresher on the property;
Review and compare their revised plan to the preliminary plat that was previously
approved;
Review and distribute some of the sample homes for each lot type;
Touch on the potential for some future flexibility;
Review the risks and challenges that this site faces;
Their response to those risks and challenges.
He stated he’s showing this as about a 200-acre site, staff report includes some of the
land is underwater; basically, all the upland area is about 200 acres. Mr. Gustafson has
with the DNR an option agreement for the 47.5 of this 200 acres. In talking to him today,
he is interested in trying to close at the beginning of next year with the DNR, so, that’s
what we’re targeting for a timeline. The City Park Land Agreement that you worked out
both with Mr. Gustafson and everybody to get that 29.3 acres of City Park Land, there’s
a little bit more to come; so, it’ll actually be 33.3 City Park acres. That leaves about
123.7 acres left for part of our Development Plan approval, for a revised preliminary
plat. If you take the 4 acres, that completes the park dedication, so there’s about 119
acres left. He doesn’t have an overlay for this, but all the yellow area that you see,
about 25.8 is some type of open space; whether its stormwater, wetlands, or its just
open space within the existing development. So, there’s still, even with all the open
space around this, there’s still additional open space within it. If we just kind of look at
what the public gets in this particular land transaction, between the DNR, the City, and
the park, there’s 45 acres right along the river; about 23% of the whole site is right
there, along the river. If you include all the DNR land, you’d have over 40% of this site
being in the public domain.
Director Robinson likes to look at topography, to just start with some of the basics of
the site. We looked at the lower areas of the site, along the river, and then to the north
and going along the railroad tracks is a drainage way that exists today and has been
there forever. When you come into the site, it raises up and then it actually gets into the
City Council Special Meeting Minutes
September 6, 2023
Page 3
higher portions of this site; he’ll talk about how this affects drainage. This is a very
unorganized looking topography, mainly because of the golf course since a lot of
topography has been altered to create fairways. In general, if you just look at the big
picture, there’s sort of a top to the site and it drains to the river and it drains to the north.
So, again, we have that natural drainage way that comes down through the mid-north
and along the railroad tracks. About 2/3 of the site really drains toward that drainage
way; so, that’s where you’ll see how the stormwater treatment was done by Pulte, and
will be done by us. We basically tried to capture that and have that topography in a way
that the water flows today. Obviously, there’s the area along the river that drains to the
river. There’s about 7.7 acres of wetlands on the site, we have about 16 acres of
stormwater ponding, plus or minus, when we finish our final plans. Again, they really
attempted to capture all the water that’s naturally draining to that northeast and east and
treat it before it goes into the wetlands and then eventually into the river.
Another factor, and it was mentioned quite a bit in the EAW, was the idea that this
site has some bedrock; that’s been explored in a number of instances, all these red dots
clarify where tests were done, so a lot of exploration has been done about where the
bedrock is today. It adds a bit of a challenge when we need to get to a lift station up
here for some of the utilities. In general, unfortunately, it flows very much through that
bedrock, so, we’ll have to do some excavation of the bedrock to be able to get the
utilities onto this site. This is a map, putting it all together, and seeing the different
course of what we have to deal with on this particular property.
This is our quick goals of our overall Concept Plan, the plan that you have in your
packet. When we laid out this site, he looked at a lot of plans that have been developed:
There’s a plan in the EAW, there’s a plan in the Master Park Plan, so, there are 20-to-
30 plans that have been done for this site, and they’re all kind of in the same range. We
are yet another plan that’s sort of trying to tweak it to meet what we believe the market
can handle today. In general, all the plans kind of stay in the same basic ballpark, and
we tried to stay there as well. We’re trying to create a high-quality neighborhood, one
that’s connected to the river and to the open spaces, one that has a variety of homes
and a variety of price points. Keeping the trail connections that were just seen in the
previous plans, the open spaces and the wetlands, and creating a project, most
importantly, as financially viable that will be successful in this market here, in this place.
He’s calling them neighborhoods, you can call them different products: One is the 40-
foot terrace product, a 60-foot lot single family, and then what he’s calling the river
neighborhood, the larger, 65-foot wide lots, all along the river.
He stated the one on the left is the Mississippi Landing preliminary plat, the one on
the right he’s calling Mississippi Landing 2, so we don’t get them confused, but that’s
our Concept Plan. So, in the original preliminary plat, there were eight twin-home units,
and then there 52 condos; so, together, 60 units stuck in that corner that was more of a
multifamily type zoning. We talked to Lifestyle Communities; initially, they were pretty
interested, although they’ve recently acquired a number of other projects that they
believed were in a stronger market, so they’ve kind of lost interest in trying to pursue
this. It isn’t that we have given up on that idea, but we don’t have somebody in tow at
this moment, and he’ll speak about that more under flexibility.
City Council Special Meeting Minutes
September 6, 2023
Page 4
Continuing on the east ride of the preliminary plat, there were about 103 50-foot lots, so,
smaller single-family homes. If you compare that to what we’re proposing in our
Concept, we’ve basically taken almost that same number of units, like 170-180, but
we’ve spread them into a different product, with a little bit smaller lots and carriage-type
homes. It’s very much like the Capstone product to the north.
The largest, under the Pulte preliminary plat, or the Mississippi Land preliminary plat,
number of amounts was a 60-foot wide unit, 180 of those. They were all what he would
call modern split entries; that was the type of predominant product at that time. What
we’ve done is we’ve taken and reduced the amount from 60 and we’re actually going to
split it generally in half, between 57.5-foot lot and a 62.5-foot lot. So, the 57.5 would be
that modern split entry, and the 62.5 would be more of a typical two-story single family.
If you go to the final product choice that they had under the preliminary plat, there
were between 60- and 70-foot-wide lots; there were some larger lots that kind of were
along the western edge. We’ve moved those larger lots and increased them and put
them along the river, so that it created a little bit more exclusive neighborhood along the
river with a little bit larger lots. So, in total, we have about 19 fewer units than the
previous plans, but we have more single-family units, in general.
Previously, there were 60-foot lots and 50-foot lots along the river, but again, we’re
changing those all to the 65-foot lots. We’re also moving this pond over to the other side
so that it creates a little bit of separation in this neighborhood; we’re trying to create just
a little bit nicer feel, a little bit of separation for this part of the neighborhood. We’re also
putting in a green buffer, a landscape buffer between this river portion of the
neighborhood and the other portion of the neighborhood. There will be separate
monumentation for this area of the neighborhood, all to just kind of make it feel just a
little bit unique, a little different. Then, to accomplish all this, we modified the park
boundary, which was part of the MOU or the agreement that we had with the City or that
Mr. Gustafson has had, to be able to adjust the park boundary slightly. We took some of
the actually heaviest-wooded area of the site, put that into the park, and where a large
part of the parking lot was, the northern part of the parking lot of the golf course, is now
part of the lotted area.
Again, Pulte had three different neighborhoods, with different product types. Right
now, we’re talking to a number of builders, but we’re kind of honing in, and in the next
month we’re going to probably have agreements with several builders. But Pulte is the
main builder for the 60s right now, we’re talking to MI and one other for the 40s, and
maybe three-or-four different builders for the 65s.
So, the 40-foot lots, we’re calling them terrace lots, or detached townhomes, it’s all
that single family, but its basically a more affordable house; they range in size from
1,400 to 3,000, the average sweet spot is in that 1,900 to 2,200 square-feet. They sell in
the low to mid $400Ks. Again, they’re not very different than what’s happening with
Capstone, if you look at Capstone’s recent sales, they’re all sort of drifting into that
upper $300Ks and lower $400Ks and up. This is an example of the product that MI has,
and then this is how it looks in a streetscape; this is a project that he did in Minnetrista
with MI Homes, he thinks they have a pretty attractive streetscape for that type of
product.
City Council Special Meeting Minutes
September 6, 2023
Page 5
He spoke of the 57.5, the modern split entry, which is in the more affordable range, its
1,300 to 2,700 finished square-feet range. They generally start in the mid-$400Ks and
go to the low $500Ks. These are just final illustrations of those products, and these are
the renderings. These are the same products that were proposed to be probably the
primary product in the previous preliminary plat.
On the remaining 62.5, the larger of the 60s, that’s just your typical two-story
product, 2,300-to-3,300 square-feet, starting in that low-to-high $500Ks. And that’s kind
of the range that Pulte would be trying to achieve; he displayed some of the photos of
those products.
Finally, on the river neighborhood, we’re targeting single family custom, and its a little
bit more like the homes in Eastbrooke, where they probably would start in the mid-to-
high $700Ks, but there could be some custom homes that push $1M; we don’t know
yet, but that’s the kind of product that you might see in this area. He showed some
examples of some of the products that could come and the streetscape for one
particular builder if they were to be interested.
In two other larger PUDs that he’s done over five-to-six years, we had a Master PUD
Agreement where there was some ability to have some flexibility throughout the
development where we didn’t have to keep going back and going to the Planning
Commission and City Council to amend the PUD each time; we had just some general
parameters that if we stayed within, we could at least bring forward to the City Council
changes. The one that he gave as an example in the past, it was just if we were to
come forward with hey, we found somebody who wanted to do condominiums and twin-
homes, could that be something that we’d take to the Council and get approval for
rather than have to go through a whole long process. This isn’t something he’s asking
for you to decide tonight, but just food for thought.
He stated another example maybe in this 40-lot area, if a builder came in and said
we really want to create one of those inner pods, the inner block areas that’s
townhomes, could we do that. The EAW parameter was all the way up to 499 units, so,
we wouldn’t ever exceed that, but he’s just saying there’s some flexibility if we need to
add some units if it came up. Right now, we’re planning on doing this plan; we think this
plan works the way we’ve laid it out. It’s just that we don’t know four-or-five years from
now, if things are going to change or if there’s a change in the market that might
demand something different.
When he did some site sales before, what happened is a site was shown as
townhomes, and at the time people said we wouldn’t sell a lot of townhomes. So, we
ended up 400, but at the time, nobody thought townhomes would even sell.
When we think about the challenges and risks of this site, it’s the same with all
developers and builders in every way, we’re all kind of struggling with this; there’s a lot
of cost rate increases in basic products, now RCT pipe has gone up 30%. Over the last
two-or-three years, there’s been quite a bit of change. So, just even if you look at that
Capstone product across the street, what they paid to develop that site is quite a bit
different than what we’re going to have to pay to develop this site; it’s just the reality and
it’s what’s making it difficult for some projects to move forward. And then, obviously,
City Council Special Meeting Minutes
September 6, 2023
Page 6
labor issues, and then finally interest rates, not just for us financing projects, but for
consumers buying homes. We’re also working around these wetlands as buffers; they’re
an asset and a liability, we have to protect them and work around them. So, that’s
something that challenges this site and other sites with wetlands. We are dedicating 5
acres of this site to major County Road Right-of-Way, so 5 acres is gone, not towards
development but towards transportation. There are extraordinary costs for bedrock
removal to just get the utilities in. Market uncertainty each week, last week the stock
market was amazing and then this week we’re not so sure. That market uncertainty is
just hard for our investors and for people in general.
What makes us want to keep going is that there is still a lack of housing in the Twin
Cities, there’s more demand than there is supply, and so that’s why we’re here, and
these projects are still moving forward.
While the 40-foot and 60-foot lots in this instance are not an untested product, when
we look at the 65-foot lots, the larger, little bit more kind of luxury lots, that is something
that’s a little bit not as tested out in this particular area of the City. So, we are kind of
asking us and our builders to take a little bit of a risk, but it is exactly what we did in
Eastbrooke, too. At the time we did Eastbrooke, he didn’t think there was a sale over
$550K in the whole City, and our first homes were $700K and $800K. So, it was
something that nobody had seen and then that’s what came in. Our goal isn’t to pile this
site with $700K-$800K homes, it’s to provide a whole range of homes for everybody.
Then, of course, the larger offsite costs: The lift station is going to be built to serve
off of Grey Cloud Island and elsewhere. That’s a forced thing, that we have to extend
out, beyond our project. There’s also the watermains, one of those is for us we’ll do, and
there’s an extra watermain to drain water beyond our site, and it’s through the park. So,
all of these require jacking under the railroad and pressure-relief valves, and they’re not
cheap; it’s an expensive exercise.
The DNR sent a letter today. They mentioned that the Natural Heritage Review
(NHR) is only good for a year, and so that expired. Actually, all of the work to answer
that had already been done, and it really just needs to be updated. So, we’ll submit a
new one to the DNR, and we don’t expect much to have changed, but the DNR looked
at the sort of calls that were done and approved them. Rare Plant Survey: The Rare
Plant Survey found there were rare plants within the area where the DNR is purchasing
property, but its outside of our project area, and in the area included in the SNA. That
report had been sent to the DNR. Rusty Patched Bumblebee: A report had been sent to
the U.S. Fish & Wildlife Service, and a response from them was received in May 2022
that the impact to the bumblebee was very unlikely on this site. In the EAW response,
they commented with all of the revegetation of the wetlands and the wetland buffers and
around the ponds and stormwater, with more of the native species being planted there,
there is likely to be more habitats created than lost on this site. Burn: There was a note
about they would occasionally burn next door, and we’re going to put that in our
disclosure so people know; hopefully, they will let us know ahead of time so we can
have people close their windows. Native Species: Again, we are planting native species
in all open spaces. Tree Preservation: It isn’t that we’re totally throwing tree
preservation out the window, it’s just the way that the financial impact is being spread is
the only significant change that we’re asking for. The actual tree removal from our site
City Council Special Meeting Minutes
September 6, 2023
Page 7
to what the preliminary plat was is very similar, and it may actually be less because
we’ve taken that heavily-wooded area and put it into the park. Trail Planning: There’s
coordination with us, the City, and the DNR to figure that out. Stormwater Treatment:
They asked that we not put any water onto their property or pond water onto their
property. We’re going to follow the applicable rules when it comes to stormwater
treatment, and the general overall drainage today shows that water flows basically
through this site and down and through the SNA; that’s just the water flows and has
always flowed on this site. So, there will be some water flow across the SNA no matter
what we do, but we will be treating the water.
Our response to these challenges: We’re trying to close the gap and make this project
work. We’ve met with our builders and we’re basically asking all our builders to accept
pricing above the current market, and that’s what’s necessary to make this project
successful. We, as a developer and also Rachel Contracting, we’re a contractor as well,
are suggesting lower margins, and we’re trying to just lower our margins to make this
work, both from a development side and a construction side, much like a national
builder might do. We’ve asked our landowner, who’s just signed an amendment to our
P.A., which just came in the mail, to extend the takedown of the property and accept
that we take this in steps; he would say it’ll be a much slower than average land
development in this area than what’s being purchased today. All this is necessary to
make this a successful project, like everybody’s participating. Finally, with the City, this
Preliminary Development Agreement tonight, we’re trying to clarify those upfront costs
and stated infrastructure costs, how we’re going to be sharing those, how the fees are
going to be assessed, and the PUD exceptions so that we’re able to move forward with
this project and make it be successful. He feels like we’re all in this together, trying to
make this a successful project tonight.
Director Robinson stated he’ll answer any questions on this Concept Plan and hope
you’ll consider approving the Preliminary Development Agreement.
Mayor Bailey thanked him for reviewing all of this. He actually likes the shift they did
with the bigger lots down towards the river. We’d kind of talked about that, that even
with the former Pulte one, we really wanted more of a nicer neighborhood. He likes the
buffering, the fact that you saved that one grove of trees with shifting that pond, in his
opinion, he thought actually made the look of the development better.
Council Member Olsen thanked Director Robinson for being here, he appreciated that.
He said there’s some minor tweaks to what we’ve seen in the past, but all in all, it
makes sense, at least at first blush. He liked that he mentioned 33.3 acres of park,
roughly 40% of the property is going to be in the public domain, between park and SNA,
which he very much appreciates.
He asked Director Zac Dockter a question on the park; with the shift in the park
space that’s going to include the more wooded area, what impact, if any, does that have
on his plans for how he was sort of programming that in your mind.
City Council Special Meeting Minutes
September 6, 2023
Page 8
Director Dockter replied there’s not a lot of different programming, but he would want to
see the resources that are in there. Sometimes standard woods are really valuable,
sometimes standard woods are a mess. He would want to see it.
Council Member Olsen told Director Dockter he’s reading his mind because what he
was concerned about is in the past, sometimes when we’ve acquired land of that
nature, its a lot of scrub brush, buckthorn, etc., which actually takes us more time and
money to remove and remediate than not. That ties into his next question, which is
about the tree mitigation. He doesn’t know how much conversation Director Dockter has
had about the tree mitigation proposal here, but asked Director Dockter if he had any
concerns about that.
Director Dockter replied none in particular, but he knows Emily Schmitz, Community
Development Director, is probably a little better versed.
Director Schmitz stated the way we’re looking at this is understanding that a large
portion of the 37 acres and any additional acreage stands under the scope of the DNR.
The preserved wooded areas, for lack of a better way to put it, we’re cancelling it out.
So, preserving those areas to be developed long term, we’re providing what she’ll call
that credit for tree mitigation.
Council Member Olsen stated he assumed we’re not far enough along in our
dialogue to have already kind of done a grading of the trees; do we have the right kind
of trees that we want, etc. vs. what we might take down. Council Member Khambata
stated an inventory of qualifying trees; Council Member Olsen stated yes. Mayor Bailey
stated he thinks they did that; Council Member Olsen stated he knows Pulte did that,
but he asked if they needed to do that, too.
Director Robinson replied they’ll probably update the information that Pulte put
together.
Council Member Olsen said, okay, because with some of the changes, he’d assume
that’s going to be adjusted to some degree. The bigger question is, as mentioned with
regard to letting some of the natural area be natural, and what that’s going to mean for
the various wildlife species, the bee, etc., it sounds like we’re in total compliance with
what the DNR requested of us earlier. That would be a concern many of our residents
would have is are we upsetting the apple cart with respect to the quality of the
landscape there; it sounds like we’re actually potentially improving it. So, we’re going to
create a better habitat with this plan, which to him is a really great selling point.
Council Member Olsen stated he’d mentioned he’s working with some developers on
potentially working through each of these nodes. He mentioned MI, Pulte, and custom
folks for those river frontage homes, which makes perfect sense; other than MI, who
else have you been talking to for the smaller lots. You mentioned the property to the
north, and they seem to be very successful. Is there a chance they might want to add to
their complement, or we’re working on that?
Director Robinson replied yes, he purposely didn’t mention the other names because
some of them are competitors with each other. So, he would just say that we’re looking
at builders that are successful with that product.
Council Member Olsen stated he understands he doesn’t want to put his cards on
the table, but wanted to confirm he has options.
City Council Special Meeting Minutes
September 6, 2023
Page 9
Director Robinson replied they do, and it’s been a little bit of a lifecycle with this site.
When we first started six months ago, nobody wanted to talk to us. So, we definitely see
that there is some change and some desire; it’s just that this whole area is going to start
to change. You’re moving that road, and when the road gets finished, and that big
apartment starts to get built, if you look at Google maps, at Jamaica, you’re seeing all
the business.
Council Member Olsen stated when you think about price point, you’re looking at the
marketplace to price point, it’s a little more attractive than those smaller properties.
Council Member Khambata will be proud of him, he read his SPAAR Update this week,
and the theme was we’re still really short on inventory; new inventory is actually far and
away selling faster than existing inventory because there just isn’t any, people are
hanging on to what they got. So, there’s no question this is something that’s important
and necessary, but he just wants to make sure that we’ve got the right mix. He knows
that he’ll be working with that Rubik’s Cube probably every day as you work through this
process, and thanked Director Robinson.
Council Member Thiede mentioned that he likes the larger lots; he remembers 15 years
ago we were rejecting 70-foot lots. Some of those are fairly deep, too. He asked if
there’s an average square footage on the lots.
Director Robinson stated he didn’t mention that.
Council Member Khambata asked if they were half acre; Director Robinson replied,
no, they’re smaller than that, but they’re about 125 foot deep, so, they’re a quarter of an
acre, maybe.
Council Member Thiede stated he also wondered about the yellow and the tan lots,
those and some of the other ones; even the yellow are narrower, some of them are
pretty deep.
Director Robinson replied he would say the bigger ones are maybe in the 10,000-
12,000 square-foot, and the other ones are in the 6,000-7,000; that’s about a quarter of
an acre to an eighth of an acre.
Council Member Thiede asked what is our distance now that you’ve kind of moved
the, put the park there and the parking lot, what do we have? We have probably about
16 feet between the back lot line and the?
Director Robinson replied this was just his plan of attack of just throwing in some
parking; that’s not on your plans. Because the current plan actually encroaches this into
this space. There isn’t a current plan that he’s seen that actually fits yet on that space;
he actually wanted them to take it out because he kind of figured it out, too late, though.
Council Member Thiede asked Director Dockter if he’s feeling pretty good about the
amount of space we have for development and activities. Maybe sometimes the woods
is nice, but you can’t really do anything with that wooded piece there.
Director Dockter told Council Member Thiede he needs to look at it further.
City Administrator Jennifer Levitt reminded Council this is one of the Local Option Sales
Tax projects, so we have not initiated any design effort on it, as that will be on the
November ballot. At this time, we have not expended dollars, that will be next year when
we look at the design features.
City Council Special Meeting Minutes
September 6, 2023
Page 10
Director Robinson told Council Member Thiede it’s probably 67 feet on those back row
lots. In his mind, it’s kind of showing a little bit of the worst case scenario with those lots.
Council Member Olsen stated it could be a win, it’s just a question of what we see
when we look at it; Council Member Thiede agreed.
Mayor Bailey stated it doesn’t look as broken.
Council Member Olsen stated previously it looked goofy, this is contiguous; it’s just a
question of what’s on the land, that’s all.
Council Member Dennis stated he liked the changes of this plan vs. the previous. The
larger homes towards the riverfront and putting the ponding back to create a separation,
he thinks those are important. Another thing that makes him feel good, it’s a simple
point, but it’s the fact that we did work together in the past, and he thinks it’s a matter of
confidence when we consider that the Eastbrooke project turned out to be a fantastic
neighborhood. He has a lot of confidence in him being the same guy we’ve worked with
before to bring a great project here a year ago; he feels good about that, and thanked
him.
Mayor Bailey stated you took some risks, as you said earlier, and it’s true on some of
the market and on some of the product, but also the price point, and it paid off for you,
which he thinks is good, and it also paid off for the City, too.
Council Member Khambata stated he sees some vacant little ledges in some of the cul-
de-sacs. He asked if those were trail connections, that was confirmed, and he stated he
likes that. He liked that there were multiple points of entry into the neighborhood from
those trails. With regard to the proximity to the SNA, do you have a mitigation plan in
place for erosion control and stormwater retention while you’re grading and developing
the site, to prevent excess erosion from washing into the SNA.
Director Robinson replied yes, they do, as they do on any of their projects, they
retain a number of.
Council Member Khambata stated as he said earlier, this is the way it always drains;
gravity isn’t going to stop working just because we don’t like it.
Director Robinson stated he thinks that they’re going to have to be really careful right
in here, because this is, it just drains down into this area. There’s those pristine water
lands here, and we’re going to have to be on the ball, too.
Council Member Khambata stated he would just like to make sure there’s some work
done through there so that we don’t end up having to try to reestablish some of those
SNA areas that they’ve been working really hard to create. He stated he liked that they
had the 40-foot product; he could advocate for a lot more of that. There’s not a lot of
builders that were willing to take a chance on that product; for reference, the one up the
road sold out before they ever got to Phase 3.
Council Member Olsen stated he thinks that will sell the best.
Council Member Khambata stated so as far as the medium-density product goes, he
thinks that fills an underserved niche, for entry-level buyers; so, he’s glad that you
expanded on that. He made certain comments while on the Planning Commission about
why that site might not work for $700K and $800K houses, so, he’s going to just
City Council Special Meeting Minutes
September 6, 2023
Page 11
reiterate that. The water in that space is 4 feet deep, and it’s full of stumps; it’s flanked
by a railroad that has a pretty common use. He asked what’s your pivot, or your exit
strategy, if those 65-foot lots don’t sell.
Director Robinson replied he thinks that’s something that’s an event, we’re taking a
little bit of a risk together on that. He’s met out there, while the trains have been going
by, with builders who build to the market of $700K and $800K homes, and they’re pretty
confident. So, that’s made him confident. He gets that it’s not Lake Minnetonka, but he’s
sold a lot of stuff on Lake Minnetonka, so, he’s familiar with that market, but that lake’s
pretty beautiful, that view is very nice. And a lot of people, the vast majority of people
don’t recreate on the lake, they look at it. So, if they have some views and they can walk
near it and they have the trails, he thinks that’s going to overcome that. He thinks the
City’s investment in that park, the $17M, hopefully that goes through, and your voters
accept it. He thinks having that amenity nearby would be a pretty big amenity for the
neighborhood and for those lots. So, that’s what gives him confidence, he doesn’t know
if that convinces you, but it is definitely a risk for all of us, but he’s met out there with
probably five different custom home builders.
Council Member Khambata replied as he said, when he made that comment, the
entire price scale was 3 years ago. So, what was $550K three years ago is probably
closer to $700K now. He thinks those economics are working in your favor as well in
obtaining that price point for that product. He agrees that if anyone is going to spend a
lot of money to live in that neighborhood, it’s going to be worth the view of the water and
adjacent to that park. So, he thinks placement of that was a good choice. He thinks that
helps mitigate some of the cost on this project as well. So, he thinks the project doesn’t
work without that type of housing, but if you and me and everyone else is aware of it, he
just wants to make sure you’re not left with a bunch of lots that won’t sell. He mentioned
about having some flexibility on the PUD; maybe with those big 60-foot lots in there, he
just wanted to make sure that there’s a little bit of a contingency banked in there.
Director Robinson stated he doesn’t want to have to say yeah, we’re going to turn
those into 40-foot and 50-foot lots, but that would be a backup plan. Again, he wouldn’t
have done this and wouldn’t have gone this far without getting some direct market
feedback from people he trusts.
Mayor Bailey stated that’s part of the factor, too. You expanded those types of homes
and those lots vs. what they were before. He was impressed by that. The other nice
thing that he likes about that, and you both kind of touched upon it, we’d talked about
would this be a place for high-end homes, etc. One of the things that he really wanted to
see down in this area was more affordable options; so, somebody who can’t afford and
is not able to purchase a $700K or $800K home will be able to have a home that’s
within a short walking distance to the river, the park, and the SNA. So, he likes how this
is laid out with the different options and affordable housing, with unique neighborhoods
put together.
Mayor Bailey told Council staff is looking for a Concept Plan review, and we appreciate
Director Robinson coming in. He piggybacked on Council Member Dennis; we’ve
worked with Director Robinson and his team in the past on the Eastbrooke project in
City Council Special Meeting Minutes
September 6, 2023
Page 12
Cottage Grove, and that turned out fantastic. So, when staff and Mr. Gustafson were
saying they were working with you, he was pleased because he knows the product and
the quality of the work, etc. that you put into the plans. So, he’d really like to see that. At
this point, staff is looking for Council approval of the Preliminary Development
Agreement with Rachel Development.
Motion by Council Member Olsen to approve the Preliminary Development Agreement
with Rachel Development, Inc.; second by Council Member Dennis.
Council Member Khambata stated he thought this was a really thoughtful pivot to
where the market is at. Mayor Bailey stated he agreed. Council Member Olsen stated in
his view, its laid out more sensical than the previous plan, so good job.
Motion carried: 5-0.
Director Robinson thanked the Council.
Mayor Bailey thanked Director Robinson for coming in and presenting this to us. He
also thanked staff for working with him and the development team on this.
4. ADJOURNMENT
The meeting was adjourned at 6:46 p.m.
Minutes were transcribed by Judy Graf, reviewed by Tamara Anderson, City Clerk.
1
City Council Action Request
7.B.
Meeting Date 10/4/2023
Department Administration
Agenda Category Action Item
Title September 6, 2023, Regular Meeting Minutes.
Staff Recommendation Approve the September 6, 2023, Regular Meeting Minutes.
Budget Implication N/A
Attachments 1. 2023-09-06 City Council Meeting Minutes
CITY OF COTTAGE GROVE 12800 Ravine Parkway Cottage Grove, Minnesota 55016
www.cottagegrovemn.gov 651-458-2800 Fax 651-458-2897 Equal Opportunity Employer
MINUTES
COTTAGE GROVE CITY COUNCIL September 6, 2023
COUNCIL CHAMBER
12800 RAVINE PARKWAY SOUTH
REGULAR MEETING - 7:00 P.M
COUNCIL CHAMBER
1. CALL TO ORDER
The City Council of the City of Cottage Grove, Washington County, Minnesota, held a
regular meeting on September 6, 2023, at Cottage Grove City Hall, 12800 Ravine
Parkway. Mayor Bailey called the meeting to order at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE
The audience, staff, and City Council Members stood and recited the Pledge of
Allegiance.
3. ROLL CALL
City Clerk Tammy Anderson called the roll: Mayor Bailey - Here; Council Member
Dennis - Here; Council Member Khambata - Here; Council Member Olsen - Here;
Council Member Thiede - Here.
Also present: Jennifer Levitt, City Administrator; Amanda Johnson, Assistant City
Attorney-LeVander, Gillen & Miller, PA; Tammy Anderson, City Clerk; Ryan Burfeind,
Public Works Director; Gretchen Larlson, Economic Development Director/Acting
Communications Director; Zac Dockter, Parks and Rec Director; Pete Koerner, Public
Safety Director; Brenda Malinowski, Finance Director; Amanda Meyer, City Engineer;
Dan Schoen, Community Engagement Officer; Emily Schmitz, Community
Development Director.
4. OPEN FORUM
Mayor Bailey opened the Open Forum. As no one wished to address the Council, Mayor
Bailey closed the Open Forum.
5. ADOPTION OF AGENDA
City Council Meeting Minutes
September 6, 2023
Page 2
Council Member Dennis made a motion to approve the agenda, with the exception of
Item O, as that’s pending additional information from the applicant; second by Council
Member Olsen.
Mayor Bailey explained Item O that’s being pulled is the Kwik Trip Development,
Escrow Agreement. There were some final details they needed to work out, and it will
be back before us at the next Council Meeting.
Motion carried: 5-0.
6. PRESENTATIONS
A. Eagle Scout Presentation
Staff Recommendation: Present Ryley Symicek from Troop 9005 with the
Eagle Scout Award.
Mayor Bailey asked the Council Members to join him in front of the dais to present
Ryley Symicek, of Boy Scout Troop 9005 in Woodbury, with the Eagle Scout Award.
Ryley lives in Cottage Grove and attends Park High School, so we’re very excited to
celebrate this achievement with him tonight. Mayor Bailey stated we hold Girl Scout
Gold Awards and Boy Scout Eagle Scout Awards in high regard, so the names of those
recipients are displayed on a wall in City Hall.
Mayor Bailey read aloud the plaque given to Ryley, presented it to him, and
congratulated him on behalf of the Council, City staff, and citizens, and everyone
applauded Ryley.
Ryley explained his Eagle Scout project: He made 60 backpacks, and put contents
inside, including things that normally aren’t donated to people in need. The backpacks
were brought to Listening House, the homeless daytime shelter in St. Paul; they were
passed out to residents and patrons there, just to give them a smile and let them see
that there was some help on the way. Everyone applauded Ryley.
Photos were taken of Ryley, his family, and the City Council.
B. Public Safety Board Donation and Presentation
Staff Recommendation: Accept and approve the donation in the amount of
$15,000 for fitness equipment and K9 equipment in the amount of
$1,405.56.
Dan Schoen, Community Engagement Officer, stated there were two donations by the
Public Safety Board:
The first was K9 equipment, including a collar and transmitter for one of our K9s,
and two TacMed K9 handler trauma kits.
Officer Schoen asked the Public Safety Board Members to step in front of the
dais for their second, big donation, which was for fitness equipment at the
Central Fire Station. Last year, we partook on a search for fitness equipment for
our firefighters, as they operate out of the Central Fire Station and need to stay
there in between calls. We all know the health benefits of increased fitness,
which he detailed. Last year, Whole Health Chiropractic, Dr. Beth Catlin, and her
City Council Meeting Minutes
September 6, 2023
Page 3
crew started us off on this journey of fundraising for equipment at the Central Fire
Station, in the form of health and wellness, with a Patient Appreciation Day; they
selected Cottage Grove Public Safety as their recipient. In that, they raised
nearly $1,000 from their patients for health and wellness for Public Safety. We
really needed to update the fitness equipment at the Central Fire Station, so we
thank the Public Safety Board who has gone above and beyond to help us
replace some aging equipment there, which all City employees can use. Our
recommendation is that Council accept the donation from the Public Safety
Board. Officer Schoen thanked them for their sizeable donation.
Mayor Bailey thanked the Public Safety Board for all the fundraising they do for the
Public Safety Department, which includes police, firefighters, and EMS personnel.
Julie Rice, Public Safety Board, stated it’s not just us raising the money, it’s the
community that comes out and supports our fundraising efforts. A lot of this money
comes from our annual golf tournament, so we hope you’ll plan to attend that next
summer to help support us. On Sunday, September 17, there will be a Bunco
tournament at the Park Place Bar and Restaurant in St. Paul Park; it’s on a Sunday
when the Vikings aren’t playing. We raise a lot of money with our events, which goes
right into our fund to help purchase equipment for police, fire, EMS, and our new K9
friends.
Mayor Bailey asked everyone to give them a round of applause and thanked the
Public Safety Board again for their generous donations. Photographs were taken.
Motion by Council Member Khambata to accept and approve the donation in the
amount of $15,000 for fitness equipment and K9 equipment in the amount of $1,405.56;
second by Council Member Thiede. Motion carried: 5-0.
7. CONSENT AGENDA
A. Approve the July 26, 2023 City Council Special Meeting Minutes.
B. Approve the August 2, 2023 City Council Regular Meeting Minutes.
C. Authorize issuance of a Massage Therapist license to Ms. Stephanie
Jarret for use at Whole Health Massage.
D. Authorize issuance of a Massage Business License to Summer Spa, LLC,
located at 8471 East Point Douglas Road South.
E. Authorize issuance of a Massage Therapist license to Xiaomei Li for work
at Summer Spa, LLC, located at 8471 East Point Douglas Road South.
F. Approve the issuance of rental licenses to the properties in the attached
table.
G. Appoint Pradeep Bhat to fill an unexpired term on the Planning
Commission ending on February 28, 2025.
H. Authorize executing the agreement for professional services with LE-AST
Services.
City Council Meeting Minutes
September 6, 2023
Page 4
I. Authorize Public Safety to order two 2024 Dodge Durangos now, and four
2024 Ford Explorers in 2023 during the state contract pricing vehicle
ordering windows.
J. Adopt Resolution 2023-116 terminating the participation in the Statewide
Volunteer Firefighter Plan effective December 31, 2023 and affirming the
administrative dissolution of the Cottage Grove Fire Relief Association.
K. Authorize service agreement with Solar Connection for the installation of a
rooftop solar array at the Cottage Grove Ice Arena.
L. Authorize service agreement with Musco Sports Lighting, LLC, for the
installation of a sports lighting system at Pine Tree Valley Park for the
amount of $55,561.
M. Approve agreement with Oertel Architects for building, planning, and
concept design services for the Kingston Park Pavilion Project.
N. Approve Trail Easement with Renewal by Andersen, LLC.
O. Approve the Escrow Agreement between the City and Kwik Trip, Inc. for
the preparation of the Public Improvement Plans necessary for
development of Lot 1, Block 2 of the Lake Flora 2nd Addition plat with
minor modifications by the City Attorney.
P. Authorize staff to apply for the Releaf Community Forestry Grants
program in the amount of $210,000.
Q. Adopt Resolution 2023-115 authorizing the City’s application for
$12,500,000 in Capital Budget Bonding Funds for the County Road
19A/100th Street Realignment Project.
R. Adopt Resolution 2023-114 approving a one-year extension of the Site
Plan Review and Planned Unit Development for Thai Garden until
September 2, 2024.
S. 1) Adopt Resolution 2023-112 approving the preliminary plat to be called
Lake Flora Second Addition. 2) Adopt Resolution 2023-113 approving the
termination of the Pond Purchase Agreement between the City and WAG
Farms, Inc., and approving the new Purchase Agreement between WAG
Farms, Inc. and the City for Outlot C, Lake Flora Second Addition. 3)
Approve the Dirt Agreement between EDA and the City.
None of the Council Members wished to pull any items on the Consent Agenda for
further comment and/or discussion.
Motion by Council Member Olsen to approve the Consent Agenda; second by Council
Member Khambata. Mayor Bailey noted again that Item O has been removed from
tonight’s Consent Agenda. Motion carried: 5-0.
8. APPROVE DISBURSEMENTS
A. Approve payments for the period of 7-27-2023 through 8-30-2023 in the
amount of $3,953,916.74.
City Council Meeting Minutes
September 6, 2023
Page 5
Motion by Council Member Dennis to approve disbursements; second by Council
Member Olsen. Motion carried: 5-0.
9. PUBLIC HEARINGS - None.
10. BID AWARDS - None.
11. REGULAR AGENDA
A. Certifying Preliminary Property Tax Levy
Staff Recommendation: Adopt Resolution 2023-111 adopting the
Proposed Preliminary 2023 Property Tax Levy, collectible in 2024.
Brenda Malinowski, Finance Director, displayed the 2024 Budget Calendar, which
shows we’ve been working diligently on that for some time. She thanked the City
Council for their dedication in this budget process, which is never easy. It takes a lot of
City staff members’ time before we get to you with this budget.
Tonight, Council is considering a preliminary levy; once it is adopted, we will certify it
to the County, and they will use that levy to prepare proposed property tax statements
for our taxpayers for 2024. The County will mail those statements to our taxpayers. It
will let them know, based on this levy, what their property taxes will be for 2024. If they
wish, taxpayers may attend our Budget Comment Meeting, which will be on December
6 at 7:00 p.m. At that meeting, Council will Adopt the Final Levy, and we will certify that
to the County, which they will use to prepare the 2024 Property Tax Statements.
Actions Tonight
Adopt the Preliminary Levy - Director Malinowski reminded Council that the Levy
that they set tonight is the Maximum Levy.
When we come before you in December, you can have a Levy that is less than
the amount that you adopt tonight, but it cannot be more; so, this is your
Maximum Levy.
2024 Budget Accomplishments
Provide the same level of quality City services, including but not limited to police,
fire, street, snowplowing, parks, and recreation services.
Demonstrate stewardship of capital assets by including the replacement of
capital equipment and City infrastructure that have been identified in the
Financial Management Plan (FMP).
Maintain the distinction to be an employer of choice by maintaining the
commitments outlined in the various bargaining contracts.
Provide managed growth in staffing positions needed for a growing community
by including new positions for the 2024 budget.
Meet the debt service requirements for all existing debt by funding these
requirements with the property tax levy.
Increase funds for economic development and redevelopment with an increase
to the EDA levy. The last time we had an increase to that levy was in 2017.
City Council Meeting Minutes
September 6, 2023
Page 6
Our City Tax Rate is based on two components:
1) City Property Tax Levy for 2024, increasing to 11.99%, or about $23.1 million.
2) City Total Tax Capacity, which for 2024 is increasing by 19.3%, and 5% of that is due
to new construction. That’s a very high increase, and because the Tax Capacity is
increasing by a higher percentage than our Tax Levy, our City Tax Rate will continue to
fall. Based on the proposed Levy in front of you, it will fall to 32.745%.
Levy Details
An increase of 11.99%
Other increases are:
Equipment Levy, which is a separate Levy this year; previously, that was
included in our General Fund. In 2024, we are breaking that into a new line item
for more transparency on our equipment replacement.
Pavement Management is increasing for 2023 Pavement Management, new
debt that is going on. We also had a bond reissuance in 2021, refinancing to
have interest savings; the first two years had a lower Levy and then an increased
Levy for 2024. That was planned and that is part of this 2024 Levy.
Glacial Valley Park Building is being included as a new Levy in our Property
Tax Levy.
We are starting to bond for, in our Levy, the East Point Douglas Roadway
Project.
2024 General Fund
This is our chief Operating Budget in the City; our General Fund is considered a
balanced budget for 2024, meaning that we have equal revenue and expenditures.
It funds things like our police services, fire services, parks, recreation, snowplowing, and
street services. Those services are provided to our residents, and we don’t necessarily
charge for them, like snowplowing, police, and fire, so we have to generate the revenue
to provide those services, which we do through property taxes. For 2024, in the
Revenue pie chart, 74% is from property tax funding.
On the Expenditure side, we’re in the people business, so we provide snowplowing,
fire services, and police services through our personnel, so 69% of our General Fund is
personnel services.
2024 General Fund Revenues:
Revenue increase 8.96%
Property Tax increase for the General Fund is only 5.82%
One-time Public Safety Aid $1,733,080:
2024-$716,350 (2 Police Officers, 3 Firefighter-Paramedics, PT Firefighter, IT)
2025-$801,700 (Items above plus SCBAs or Deputy Fire Chief)
2026-Remaining funds
Local Government Aid $54,060
Licenses and Permits down 4.48%
Offset by keeping 1 Building Inspector position vacant
2024 General Fund Expenditures:
Expenditures increase 8.96%
Contracts are settled through 2024 at 3%
City Council Meeting Minutes
September 6, 2023
Page 7
New Positions:
2 Police Officers (1 funded by One-Time Public Safety Aid)
3 Firefighter-Paramedics (2 funded by One-Time Public Safety Aid)
Management Analyst (60% funded by Utility Funds)
IT Technician (Funded by IT Internal Service Fund)
Recreation Coordinator (Revenue neutral)
Utility Accounting Technician (Funded by Utility Funds)
Public Service Worker (Revenue neutral)
Internal Service Funds
Weather Warning Siren - 9500 Block of Military Road
Contingency - This was included in the 10-Year FMP and accomplishes two
things: 1) If something unexpected happens, e.g., a storm that we need to take
care of; 2) It helps us fund our Fund Balance Policy, which states at the end of
each year we should have 45-to-55% of the next year’s budget in our Fund
Balance. So, this contingency is helping fund that.
2024 General Fund Expenditures by Department: Are no different than previous years:
Public Safety-47%; Public Works-19%; General Government-13%; Parks & Rec-12%;
Community Development-8%; Contingency-1%
City Property Tax Calculation on a Median Home
Property Value (Determined by County Assessor, 9.2% Increase) $359,700.00
Less: Homestead Market Value Exclusion - 4,867.00
Equals Taxable Market Value $354,833.00
Multiply by State Class Rate, 1%, Equals Tax Capacity 3,548.00
Multiply by Property Tax Rate, 32.745% x 32.745
City Property Tax $ 1,161.79
Annual Increase of $71, or .19 per day
Tax Impacts on Other Select City Properties
We also follow four sample properties, which she displayed on the screen. The average
Tax Impact Change on those, including the Median Home, is $97 or .26 per day.
In our FMP prepared earlier this year, we had identified Sample Property 1 would
need an increase of about $100 per year to fund the street projects, the pavement
management, the capital outlay, and the operating budgets in the City. However, for
2024, that property would need to increase about $10; this was a $113 increase on that
property, the Median Home is $97, so that Average Tax Impact for those five properties
is $97.
What Property Taxes Pay for on a 2024 Median Value Home $359,700
Annual City Taxes, $1,161.79/Monthly Cost of $96.82/Daily Cost $3.18:
Public Safety $40.87; Public Works $13.22; General Government $12.61; Parks & Rec
$10.30; Community Development $0.10; Debt Service, $16.42; Capital Equipment,
$1.34; EDA, $1.15; Contingency $0.81.
Director Malinowski stated she’d take any questions from the Council.
City Council Meeting Minutes
September 6, 2023
Page 8
Council Member Olsen thanked Director Malinowski for the presentation; obviously, it
was a very thorough and time-consuming project as it is each year with the budget
process. This was very well prepared with a lot of good information for us, which is very
much appreciated. He gave Director Malinowski, her team, and the City staff recognition
for their work on the budget, but stated there’s more to it. This year the City achieved a
AAA bond rating, the first time in our history, and when a change is made in our bond
rating, we’re given a number of reasons why that occurred. There’s no doubt that the
FMP that Director Malinowski and her team worked so hard on, along with our partners
at Ehlers, which was included in our submission to Standard & Poor’s, was a key
component to achieving that AAA bond rating. He knew that took a lot of work, and
Ehlers also spent time talking to the Council about the importance of having an FMP, so
he thanked Director Malinowski very much for that. In addition, every year our team gets
an award from the Government Finance Officers Association (GFOA) for excellence in
financial reporting, and that’s occurred for well over 20 years. That is a direct result of
the hard work that every member of the staff puts in each and every day to manage our
public finances as well as possible and to be as careful as they can with the public trust,
while still providing just an unbelievable level of service. He particularly liked the slide
where it showed that we continue to provide an unbelievable value to our residents for
services received for the taxes that we pay.
Council Member Olsen asked Director Malinowski, looking forward, how does she
perceive our position with respect to having a good solid understanding of a growing
community. We’re going to continue to need to provide a high level of service, even
though we have more houses, more roads, more infrastructure; so, are we on track with
that FMP in place.
Director Malinowski replied the FMP process that we undertook this year took a lot of
staff time, Council time, but it was great. The department heads, the leadership team of
the City, administration, City Council all gave feedback on that plan, all had input on that
plan. It leads us in a great direction, and it manages expectations. We all can’t get
everything in one year; so, the department directors were able to work together, the City
Council was able to come together on how we manage this, so, that is managing those
expectations.
Council Member Olsen stated part of Director Malinowski’s answer was what he was
hoping she might say. The team that we have at the department head level works so
well together and understands that not everybody can get everything every year. That’s
a very different approach than when he first became a Council Member here, where it
seemed like people were competing for limited resources, and there was some
animosity and hard feelings. He really appreciated how well everybody worked together,
along with the Council, to put a budget together that would provide our residents with
ongoing high levels of service at a very reasonable price. Lowering our tax rate again is
just a function of the great team and the culture that we have here in the City. He
thanked Director Malinowski once again for all of her hard work.
Council Member Khambata stated Council Member Olsen alluded to this, but while we
were going through the extensive process of doing this budget, one thing we kept
asking was how do we stack up against other communities our size, facing similar goals
City Council Meeting Minutes
September 6, 2023
Page 9
and challenges with growth and logistics, in terms of new roads and plumbing, all of
that, old roads and old plumbing. He asked where did we end up falling in that range.
Director Malinowski replied we will know that once everybody adopts their
preliminary levy. It’s September 6, and cities do it anywhere in September. Last year, in
Washington County, based on a median home, we were the second lowest in City
property taxes. St. Paul Park was lower than we were, but they get a significant portion
of LGA. We also compared ourselves to growing communities over 40,000 in the metro
area last year. There were two communities, based on our median home, that were less
than we were; everybody else was higher.
Based on the levy percentages that we are seeing from other communities, although
we’re early in the process, she would suspect that we stay in that lower quadrant for
both growing communities and for Washington County. As soon as we start to get that
data, we’ll compile it for you. Based on this levy in front of you, with our large tax
capacity increase here for 2024, she would suspect that we will continue on that trend.
Council Member Dennis commended both Council Member Olsen and Council Member
Khambata for statements made. The FMP and what that has achieved for us as a
community, the AAA bond rating alone, will save this community over time untold
millions of dollars in terms of what we’re going to be able to finance projects for and
even refinance some of the notes that we currently have out there. He would encourage
us to look at what we can do in that area as well.
Having lived in other communities during the course of his lifetime, he knew the level
of services that we provide here on behalf of the funding of our community members,
channeled through a very capable staff, is amazing. It includes the condition of our
roads and the services that people have come to expect. If there’s an intruder in your
home in the middle of the night, we’re going to get somebody there to you as quickly as
possible, the best people with the right training and the proper equipment, in order to
make a difference and keep our promise for the money that we accept on behalf of
running the peoples’ business. So, this is exceptional. When this whole idea for a FMP
was brought forward, he asked City Administrator Levitt point blank, where exactly did
this come from. In response, she said one name, Director Malinowski, she said it was
her impetus. So, he and everybody sitting up here at the Council dais greatly
appreciates that because this has made an incredible difference, so, thank you.
Mayor Bailey stated everybody gave their kudos, so he added his as well. What he
thought was interesting was when you take a look at the highest cost to a household,
it’s Public Safety, which is understandable. The second highest was our Debt Service.
So, when Council Member Dennis and Council Member Olsen mentioned our bond
rating, one of the things he hears from our citizens, and he knows the other Council
Members do, too, is they want more projects done; they want more road projects done.
So, we have to manage and measure this number, but the good news is because our
staff has done such a good job with the budgets and the fact that our FMP is in place,
we can get debt, if you will, to do more projects in our community with “less money.” In
other words, because staff and Council have done such a good job on the bond rating,
we get low interest rates. So, that Debt Service pays for all the roads and all the
City Council Meeting Minutes
September 6, 2023
Page 10
infrastructure, etc. that we’re doing. He just wanted to let the public know that because
we try to manage it, and part of the FMP is to be stable: The goal is to not have one
year where the taxes go way up, then the next year they drop, and then go way up
again. He thinks it’s easier for all of us to manage a budget that is stable. So, kudos to
staff for doing such a great job.
Motion by Council Member Dennis to Adopt Resolution 2023-111, Adopting the
Proposed Preliminary 2023 Property Tax Levy Collectible in 2024, in the amount of
$23,125,600; second by Council Member Olsen. Motion carried: 5-0.
12. COUNCIL COMMENTS AND REQUESTS
Council Member Khambata stated his five-year-old just started his first day of
kindergarten, and it was a big day for him. So, for all our staff and members of
community who got their kids back to school, he knows they’re having a tough week
because he sure is.
Council Member Thiede stated in his 13 years of being on the Council and working with
the City, there are significant changes in just the attitudes and how much people work
together now. He thinks it’s provided we stick with the FMP; with some of his
background in finance, he thinks it’s showing a plan. As long as we can stick to it, it’ll
give some definite stability with management of that plan. He thinks that went a long
way in getting us that AAA bond rating; he agrees with Council Member Dennis that that
should make quite a bit of difference when we need to go out and get money, that we’ll
be paying a better price for it. So, good job.
Council Member Olsen thanked John Yang and the members of the One Family
Nonprofit Group, who once again had just an outstanding event at Kingston Park on
Labor Day weekend. The One Family event is kind of a sporting competition, along with
different elements like food trucks, vendors, etc., focused on the Hmong community.
They have been running their event at Kingston Park for several years, and typically run
it twice a year, Memorial Day weekend and Labor Day weekend. He had the opportunity
to go out and visit again on Labor Day weekend, and the park was packed. They had a
ton of people out there, participating in family-friendly events. He did not get the
opportunity to taste the wares of the food truck, but John and his team did a
phenomenal job. He thanked all of the City folks who helped support that event. They
brought a really good number of potential future residents to our community. He and
Gretchen Larson, Economic Development Director, had a conversation with a family,
looking to bring an Asian food market and/or restaurant to the City. They’re working
feverishly to make that deal come together.
Council Member Olsen stated the reason he didn’t partake much of the aforementioned
food trucks was because he was saving his appetite for our first annual Discover
Cottage Grove Food Truck Festival, which with be taking place on Saturday, September
16, at Kingston Park. This is a new thing for the City, but we got a tremendous response
City Council Meeting Minutes
September 6, 2023
Page 11
from the various vendors who were invited to come here and participate. We’re also
going to have a beer garden hosted by the Cottage Grove Lions, and SoWashCo
CARES and their group will be out there volunteering their time to help make this
festival a success. He asked Director Larson if she could say a few words about this
event.
Director Larson stated it will be from 11:00 a.m. to 6:00 p.m. When residents receive
their September Cottage Grove Reports, there will be complete details about the event
in that, and that should be in the mail any day now.
Council Member Olsen asked about any entertainment. Director Larson replied two
different bands will be playing, one during the day, and one towards the end of the
evening.
Council Member Olsen asked how many vendors will be there. Director Larson
replied, as of the last report, 21 vendors have confirmed their attendance.
Council Member Olsen stated that sounds like a lot of fun. He’s going to come
hungry, and he’s going to be expecting a perfect day. He’d appreciate it if she could
make that happen. Director Larson stated the Chamber of Commerce has got it
covered.
Mayor Bailey stated Council Member Olsen just mentioned the Food Truck Festival, on
Saturday, September 16, which will be fantastic.
Mayor Bailey stated on Thursday, September 21, from 3:00 to 7:00 p.m., is the Public
Works and Parks open house at the Public Works facility off of West Point Douglas
Road. That is always a fun event; if you haven’t been there, check it out. Adults and kids
both love it, and there are a lot of things for the kids to do.
Mayor Bailey stated he brought that up because at the second Council Meeting in
September, on Wednesday, September 20, he and our Public Works Director, Ryan
Burfeind, are going to be in Washington, D.C. We’ll be advocating for some
transportation funding for the City of Cottage Grove at the Transportation Alliance
Meeting. We’ll be meeting with various elected officials there to see if we can work
toward some of these projects that everybody wants in Cottage Grove and bring home
some additional dollars. Previously, we’ve been successful with that, which is fantastic.
While we’re out there, in my absence, Mayor Pro Tem Council Member Dennis will
be officiating for me at the next Council Meeting.
Mayor Bailey stated we have two workshop sessions this evening, both of which are
open to the public, in the Training Room. The first is THC Beverages at Off-Sale Liquor
Establishments; our City Attorney will discussion recommendations and provide some
direction at the Council’s request. The second is the Street Reconstruction Plan, and
Director Malinowski will take us through that. So, we’ll be adjourning from the Training
Room. He told everyone to have a great evening.
13. WORKSHOPS - OPEN TO PUBLIC - TRAINING ROOM
City Council Meeting Minutes
September 6, 2023
Page 12
A. THC Beverages at Off-Sale Liquor Establishments
Staff Recommendation: Discuss and provide direction.
Kori Land, City Attorney, stated this discussion started because the attorney from Top
Ten called and said we have this product on the shelf and we’re not taking it off
because the law allows it. Technically, that is true, the law allows the sale of THC
beverages at liquor stores now, where previously it did not. However, we still have an
ordinance, and our ordinance says CBD-0.3% THC products, which is what they are
selling, are not allowed at liquor stores. So, the collective wisdom of the League and all
of the other City Attorneys is that if we have an ordinance, we can enforce our
ordinance until such time the Office of Cannabis Management (OCM) tells us that we
can’t, which may be 2025.
So, currently, we don’t allow them in liquor stores. We have four licensed off sale
exclusive liquor stores, we’re not talking about gas stations or anybody else, it’s only the
exclusive liquor stores. Two of them are in the correct Zoning District if we wanted to
allow them, and two of them are not. So, the question for you is obviously by 2025, the
OCM will probably say you have to allow them, unless we put something in our Zoning
regulations that say time, place, and manner, we don’t think it’s appropriate to sell at
liquor stores. She’s asking Council what do you think, do you want them to be allowed
at liquor stores; if so, do you want to zone them in a particular zone? We can do that,
we can say, only some liquor stores in these zones because you already decided which
Zoning Districts were appropriate for CBD products. So, you can say only in what we
have already decided, the B3, the PB, and the MU. Or we can carve out an exception
for liquor stores and say you get to sell these CBD product, just these few beverages,
not the edibles, not anything else. I don't know if they’re allowed to do that anyway, but
only the beverages, and then have a special license for them because our current
license is for a CBD head shop; basically, that’s what they sell is the CBD product only.
So, we could carve out an exception with different language; liquor stores have a
license that they have to pay the City, so, if you want to have an add on to sell the THC-
infused beverages, that’s an extra fee. That’s what some cities are doing. So, it’s like on
sale or the breweries can have on sale, they can have off sale, they can sell their
products if they brew it, all those different things are packaged as one. An off sale
license could have off sale and the THC-infused beverage as a separate add on.
Council Member Khambata asked if the THC shops could start selling alcohol. Attorney
Land replied she believed they can sell these as CBD products, she didn’t know why
not. Council Member Khambata stated no, he’s saying would it be fair for marijuana
shops to start selling and competing with liquor stores. Attorney Land replied only if they
purchased, that’s the thing, she believes they can; all of this is sort of unchartered
territory. Council Member Khambata stated he would be pretty upset if he had a liquor
store and the THC shops started selling my product. So, he thinks if he was one or two
locations that was going to be selling THC products, he would be pretty offended if all
the liquor stores in town now became my competition. He doesn’t think a carve out for
liquor stores is appropriate; however, if they want to, if they’re zoned properly under our
City Council Meeting Minutes
September 6, 2023
Page 13
current ordinance and they want to pay for the license to sell 0.3% THC products, then
he thinks they should be allowed to.
Council Member Thiede stated the CBD, that still had alcohol in it.
Attorney Land stated no, it doesn’t have alcohol, it’s a seltzer; it’s a THC infused into
seltzer. So, it’s not alcohol, that would actually be illegal. You can’t infuse THC into
alcohol, into beer, or anything.
Council Member Thiede asked when they say they brew these products at the
brewery, it doesn’t actually have alcohol in it; Attorney Land replied no, it does not.
Mayor Bailey stated it’s separate; Attorney Land stated it’s a THC-infused seltzer.
Mayor Bailey stated but they’re kind of treating it like an alcoholic beverage. Attorney
Land stated that’s right, it’s an intoxicating beverage, absolutely, you can’t pretend like
it’s not.
Council Member Khambata asked if Top Ten is zoned where they could; Attorney Land
replied that they are, but there are a lot of other restrictions that we have in our CBD
Ordinance. First of all, the license fee is $10,000; so, if they wanted to sell THC-infused
products, they would have to get the CBD license and pay a $10,000 fee. One city that
she knows of that did this is charging $500, so that is a significant adjustment. Because
this is the only product that they can sell, as opposed to High North, which can sell the
whole gamut of CBD products. Secondly, we have a distance requirement between the
stores. We have a distance requirement between the buffer zone or daycares and
things like that. So, because Top Ten, although zoned correctly, is too close to High
North, they could not get a license. So, if you think liquor stores are okay in this Zoning
District, we might have to adjust our ordinance accordingly if you think it’s appropriate
that Top Ten be able to sell those.
Council Member Khambata stated he thinks there’s already too many big factors that
would exclude Top Ten from selling it under any other circumstance; too close to
another place that’s already selling it, and they haven’t paid for the license.
Attorney Land stated they haven’t applied.
Council Member Khambata stated his third question would be are they selling at a
high enough volume that it’s worth them paying their attorney to fight it any further than
they already have. He thought the first two things exclude them from selling that
product; they haven’t applied for the license to sell it, and even if they wanted to, there’s
already another establishment that’s selling that product within too close of an area.
Council Member Dennis stated it would be wholly unfair to state that just based on
zoning of the location that you’re going to allow this guy to sell it and this guy over here
can’t. Okay, again, government should not be choosing between who is successful at
something and an opportunity for someone who is not; that just shouldn’t happen. The
other thing is you can’t charge, what did you call it, a head shop, or? Attorney Land
said, yeah, a CBD store. Council Member Dennis stated how do you charge that guy
$10,000, and you’re telling him $500 over here? No! No, you either have to treat
everybody consistently or you don’t treat it at all. Now, we’ve said we’re doing a
moratorium, right, to figure out what was going on with all these different things, and this
City Council Meeting Minutes
September 6, 2023
Page 14
Council doesn’t get pushed around by an attorney walking in the door. We had
someone who tried to do that recently to us, and we don’t bend that way. We’re going to
be measured, take time, seek to understand, do fact finding, and make an informed
choice that’s right for the betterment of the community now and into the future. So, he
doesn’t even really like the fact that we’re going down this path, to be honest with you,
he just doesn’t. But you can’t tell even two kids, you can’t tell one kid you’re going to get
dessert and the other one’s not. You can’t do that; it’s not right, it’s not fair. Either both
get one or nobody gets it. And we’re being pushed into a corner here by this attorney,
by a company that has taken certain liberties in the past with different things, and we
don’t roll that way. He could fully weigh in on this because he’s completely divested out
of that former life. So, he just wants to do what’s right, and he thinks what we’re doing is
we’re putting ourselves into a precarious position. Because we’re now not just dealing
with the one side, with the alcohol, but now we’ve got these other investors that are
working with this product exclusively. And he’s right, you can’t treat the two differently,
you just can’t do it.
Attorney Land stated first of all, this is a complete policy-level decision, which is why
she brought it to you. Liquor stores are now allowed to sell it; a year ago, when she
came to you, she could say with a straight face they’re not, it’s prohibited in the law,
which is why we put it in our Code. The legislature has made an intentional decision to
say to AG, no, we meant it, they get to sell it. So, she’s asking Council do you want
liquor stores to be able to sell it; if you tell her no, fine. If you say we don’t know yet,
that’s fine. Yes, this attorney brought it to my attention because Top Ten was selling it.
She’ll say they were kind enough to put the product in the back room for now until we
could have this discussion. But she’s bringing it to you because it’s your decision, you
as a group. And she would argue one more thing, but there is a distinctive difference
between our CBD license, which allows them to sell the whole scope of CBD products,
from topical things to edibles to the infused beverages vs. a liquor store, which can sell
this one product. So, she thinks there’s justification for charging different fees if you
wanted to do it, but she’ll totally leave it up to you.
Council Member Dennis stated he doesn’t agree that there’s a justification for doing
it; for his 20%, he says we need to treat everybody consistently and fair. If you’re not
going to do that, then you let it go. You’ve got to be equal and fair. You can’t say we’re
going to do this for one and this for another, and create an inconsistency and then
unfairness and bias based upon that outcome, and that’s exactly what that would be.
Let’s say I’ve got two attorneys, and I’m going to pay this one here $10 an hour, this one
gets $350 an hour; it doesn’t work. It doesn’t work, it doesn’t work in business, and it
doesn’t work in anything.
Council Member Thiede asked if there was still a 3.2 beer that can be sold in any
grocery store; Attorney Land stated they need a license for it, but yes.
Council Member Thiede confirmed they do need a special license, and Attorney
Land replied yes. He stated that’s obviously different than a liquor license.
Attorney Land replied it is, it’s an off sale 3.2 license; so, it’s not an exclusive liquor
store license like we’re talking about, just the store.
City Council Meeting Minutes
September 6, 2023
Page 15
Council Member Thiede asked so does the CBD with the 0.3% THC, is that kind of
similar to like 3.2 beer.
Attorney Land replied they’re calling it marijuana-like; that kind of was the joke last
year when they came out with it, it’s the only State in the country that adopted
marijuana-like. The 0.3% THC means it’s not as intoxicating as the legal adult-use
marijuana, which is over 0.3% THC.
Council Member Thiede asked if it would be logical to say that could be a similar
situation in terms of we’ve got a different license to be able to sell that low potency, but
just specifically that, like grocery stores with the 3.2 beer license; they can’t sell stronger
stuff, they can’t sell other stuff. So, maybe this kind of falls into that type of category.
Attorney Land replied she knows you can get intoxicated on anything if you have
enough of it.
Mayor Bailey stated here’s his two cents on the whole thing. Because of all of this,
everything that deals with this, marijuana, all of that kind of got dumped in the cities’
laps without clear direction from the legislators, which was totally inadequate. Until they
figure out what the heck they’re doing, he thinks we leave everything well alone. That’s
his opinion because here’s what he thinks is going to happen, just based on the
rumblings; he doesn’t think we’re that far away, maybe next year, from where there
won’t be any more 3.2 beer sales. It’ll be normal alcohol in convenience stores,
Walgreens, grocery stores because there isn’t going to be 3.2 anymore, from what he
understands. We’re like the only State or one of the only states that still has it.
Council Member Dennis stated he thinks we are the last state; Mayor Bailey stated
because everybody else went away from it.
Council Member Thiede stated that’s why he wasn’t sure whether they still made it.
Mayor Bailey stated they’re going to stop making it, so, the options aren’t going to be
there. As you know, the industries are going to go up in arms, up at the legislature,
which is kind of what happened with marijuana, to be quite frank with you, and THC and
all this stuff. Personally speaking, he thinks we should wait. He thinks we continue with
our moratorium, we let the legislature figure out the next steps; in 2025, they’re even
saying they’re going to make some adjustments. He thinks we should just leave it alone.
Mayor Bailey wanted to say that the interesting thing about Top Ten Liquors, if we
were to kind of throw out there these options of all this other stuff, then he would almost
say okay. Then if Cub Foods wants to have a liquor store across the street from Top
Ten because we know they do, and we’ve said no, then we almost have to take all the
restrictions off.
Council Member Dennis stated that would just open it up.
Mayor Bailey stated he knows that’s being a little extreme, but his point of saying this
is it seems like Cub Foods could put direct competition on them, but the City has said
no, you can’t, because we have a rule that says you can only be so many feet between
liquor stores and in certain zones.
Council Member Khambata stated Top Ten is getting protection through that same
standard that we have not wavered on.
City Council Meeting Minutes
September 6, 2023
Page 16
Mayor Bailey stated you’re telling us that the same situation can be applied to this other
CBD store, as well as to Top Ten. So, he’s thinking that’s why we just need to leave this
alone.
Council Member Khambata stated he thinks they’re probably not strong enough to
wage a full-fledged class action lawsuit against us on it. He would say if the least
direction is that we can enforce our ordinance until 2025, he would agree with Mayor
Bailey that we just leave things the way they are until we can no longer force it. Then, if
we have to make exceptions and choose winners and losers, then it’s the State
Legislature saying it and not us.
Mayor Bailey stated if we tweak it today, chances are within a number of months or
definitely within a year, we’re probably going to have to tweak it again. Because if the
legislature comes back next year and tweaks things again, that’s why he’s saying until
things kind of settle down, and we can kind of see where everything is going, he gets
concerned. There’s been a couple other situations, with chickens and ducks, where
we’ve tried different things, and then it’s well, this isn’t enough, now we need this. We
keep changing, and he can see why citizens would be confused, let alone businesses.
So, personally speaking, he thinks we leave it alone for the time being.
Council Member Olsen stated it’s been a good conversation, but he wants to make sure
that he’s clear on what he’s hearing. He asked Attorney Land what is the current state
of affairs; is Top Ten in violation of our ordinance at the moment if they choose to sell
that.
Attorney Land replied if they choose to sell it, yes, but they have temporarily taken it
off the shelf.
Council Member Olsen said but if they choose to sell it, they’re in violation of our
moratorium; he asked is that accurate.
Attorney Land replied they’re in violation of our ordinance, our specific ordinance.
Council Member Olsen stated our ordinance stipulates that the retailers that do have
this product have this product as a result of access to a much wider menu of products,
based on the license that they’ve acquired, right?
Attorney Land replied yes.
Council Member Olsen stated so then the debate becomes do we want to allow
liquor stores to spend $10,000 for that same license in order to sell this infused product.
Or, do we just want to say sorry, you’re in violation of the ordinance, we’re in a pause
right now. There will be more clarity to come in the future, but as it stands today, the
City Council feels as though the current situation is adequate. He asked if that’s why
he’s hearing.
Attorney Land replied that’s what she’s hearing.
Council Member Olsen stated he wanted to make sure that there wasn’t some sort of
loophole that Top Ten, or anybody else for that matter, could jump through. He thought
what he heard his colleague say was we can’t do something for one that we then do a
carve out for another person; because that creates an uneven playing field from a
licensure perspective to give them an add-on license of some sort, it’s in effect doing
City Council Meeting Minutes
September 6, 2023
Page 17
that same thing. So, the best option is let’s leave well enough alone, let’s continue
business as usual. He asked if he was hearing that correctly.
Council Member Dennis replied yes.
Council Member Olsen stated okay, he’s on board with that.
Council Member Thiede asked, out of curiosity, how many Top Ten liquor stores are
there.
Council Member Dennis replied between 13 and 16; they’re a big chain.
Council Member Thiede stated yes, it would be interesting because we did basically
the same thing as Woodbury. So, there’s a Top Ten in Woodbury, are they going to be
allowing their Top Ten to do this.
Attorney Land replied she didn’t know; a lot of cities are removing that restriction.
Council Member Olsen asked but to our knowledge, we don’t have any other violators of
the ordinance.
Attorney Land replied no, in fact, we sent the officers in to go and check the shelves,
and nobody else is violating it, but there are tobacco stores that are violating.
Council Member Olsen asked Pete Koerner, Public Safety Director, if he had an opinion
from the Public Safety perspective; of course, your folks are responsible for doing all the
checks.
Director Koerner stated he doesn’t have many opinions about it; last year, he
supported the distance from schools, etc., and he would just like to stay consistent with
what we’ve been doing and not changing every three-to-six months, as that actually
makes it harder for our officers.
Council Member Olsen stated that’s his position as well, that we just leave it the way
it is.
Mayor Bailey asked as we’re looking forward here, let’s say we reach out to them and
say Council has no appetite to change anything and they’re not going to change it. So, if
the message is we’re not going to change it, then the question is if they say, well, we’re
going to keep selling it and they’re in violation, then do we take their license to sell
liquor.
Attorney Land replied well, certainly, that would be one of your options. It’s a
violation of our City Code, so that’s a misdemeanor, and you can cite them for selling an
illegal product. And you can take action on their license; obviously, they’re risking that.
Their argument is that the State has preempted this by adding it to the list; she doesn’t
necessarily agree that that’s true.
Mayor Bailey stated if he recalls, though, whether it’s this or anything else, if the
State says yes and we say no; Attorney Land stated we can be more restrictive.
Mayor Bailey stated he was more interested if somebody were to say screw you,
City, I’m not paying attention, the repercussions of that is we could yank their liquor
license.
Attorney Land stated yes, we could.
City Council Meeting Minutes
September 6, 2023
Page 18
Mayor Bailey stated he doesn’t expect that to happen, but he was just curious if that
could be tied to their license because they’d be in violation of our City Ordinance.
Administrator Levitt stated we just need to touch base on drug paraphernalia and get
clarification so that way we’re very clear on drug paraphernalia, since we’re talking
about all things drug related.
Attorney Land stated we’re just going to add cannabis to every agenda from now on
because it seems like there’s always a loophole. As you know, last time we talked about
the public use, but there’s no penalty for it. Anyone under 21 can’t use it, but there’s no
penalty for it in the law. So, here’s another one: You can now possess paraphernalia;
so, we have an ordinance that says you can’t, so, we’ll have to adjust that, that’s fine.
But you can’t legally sell paraphernalia until the OCM licenses you to do so. So, people
can possess it, but no one can sell it. And what we’re getting is questions from of course
the tobacco stores, saying can I sell it now? She stated the answer is no, but she wants
to make sure Council is okay with that because again, when the legislature gets their
act together, the answer will be yes. But for today, our ordinance says no.
Mayor Bailey stated he got a call from one of our big tobacco shops asking, and as
he shared with Attorney Land and Administrator Levitt, they were alluding to other cities
having it and allowing sales of it. That’s what’s happening right now with all of this stuff;
some cities are following up on issues, some are not caring, and it’s just really
confusing.
Attorney Land stated they know it’s coming down the pipeline by 2025, so why
enforce it now if it’s going to be legal later. But it is our ordinance today that you cannot
sell it, it’s in the State law they can’t sell it until they have a license; nobody can have a
license yet to sell it. If somebody’s on the street and they’re smoking, because we don’t
have any ordinance on public use prohibition yet. So, they could be out in public places
smoking it; it’s not legal for them to do so, but we don’t, we can’t enforce a penalty on
them. So, they can legally do it, and they can legally possess paraphernalia, and there’s
nothing we can do about that. But ask them where they got it, because they can’t buy it
anywhere because it’s not legal to sell either of those two things. So, she’s asked the
cops to get a little sneaky and find out where those people are buying their stuff.
Council Member Khambata stated he would say, leading up to 2025 and the legislators
giving more clarity, can that just be our answer; until the legislature gives clear direction,
our ordinance says this.
Council Member Olsen stated he would suspect that will part of the legislative
agenda. Mayor Bailey stated he was just going to bring that up.
Council Member Khambata stated because otherwise, every time we’re going to
have to come back and say well, what does the ordinance say and what does the
legislature say. So, if we just say, here’s our moratorium, here’s what our ordinance
says, we’re not going to deviate from that until the legislature gives us clear direction
otherwise.
Attorney Land stated they’re supposed to be preparing model ordinances that we
can at least look at and tweak, but give us some kind of a template to work from. So,
that’s really what she’s waiting for, and that’s going to be a year.
City Council Meeting Minutes
September 6, 2023
Page 19
Council Member Olsen stated anytime there’s a change, think about body cameras;
how long did that take before there was actual clarity around several different elements
of body cameras. This is going to be a year or two project, which is what they gave
themselves. He thinks we need to be very clear with our legislators in our letter.
Council Member Khambata asked if they can see if they can put some of the dollars of
the surplus in that bill to reimburse us for all of our billable hours on this topic.
Council Member Olsen stated we can always ask; the worst that can happen is they
say no.
Mayor Bailey asked Attorney Land if she got what she needed; she replied she did, and
we’re talking to the Public Safety Commission and the Parks Commission on Monday
about whether they want to allow it in open spaces, or give a recommendation to the
Council.
Mayor Bailey stated it was his understanding that Woodbury said no, that they can’t;
Attorney Land stated they did a prohibition on public spaces.
Council Member Dennis stated what Council Member Khambata said was a perfect
blanket statement. He asked Mayor Bailey can we formally, as a team here, adopt that
tonight to make it easier for the staff just knowing our stance on this, now and moving
forward.
Mayor Bailey stated he thought we’d given it to staff, but he would say if somebody
comes in and says I want to try to apply for it, he thinks staff has the feeling of the
Council here that until there’s more clarity on this whole thing, we don’t want to keep
going back and going back. So, that’s the direction that you need from us, he thinks
they just got it.
Attorney Land stated perfect, that’s what she needed to know.
Council Member Olsen stated if there’s information you want to provide us in the
updates, with just what’s sort of going on, we’d appreciate that.
Mayor Bailey stated especially when it gets to the point where they’re going to start
coming out with model ordinances; I’m sure we’ll have to have a workshop on that kind
of stuff, but he’ll be interested to see what, because right now, it’s all over the place.
Attorney Land stated it is, and every city is doing something different.
Council Member Olsen stated he didn’t even know there was such a thing as THC-
infused beverages.
Attorney Land stated a year ago, we were not thinking about beverages; we were
thinking edibles, from topicals to edibles. And then, all of a sudden, the beverages came
out, that was sort of out of at least her world, but she doesn’t know. So, she appreciates
that direction, and we’ll enforce as we need to. We will be sending letters to the violating
tobacco stores, she’ll work with Clerk Anderson on putting the letter together saying
you’re in violation, you’re have like two days to remove these products from your
shelves, or you will face license revocations. That we would be bringing to you, so, we’ll
be giving people notice, a chance to care. If they fail to do that, we might be
recommending taking action on their tobacco license.
City Council Meeting Minutes
September 6, 2023
Page 20
Council Member Olsen asked Administrator Levitt if that was clear for Code
Enforcement and Public Safety; is that going to provide them with what they need.
Administrator Levitt replied this provides the absolute clarity that we need, with
definitive boundaries, and she expects patience with our Code Enforcement.
Mayor Bailey thanked Attorney Land.
B. Street Reconstruction Plan
Staff Recommendation: Review, discuss, and provide input regarding the
Street Reconstruction and Overlay Plan.
Director Malinowski stated she’ll take us through this, it includes an in-process plan here
in the City. She wants to review this with Council, to make sure that you’re still
comfortable. We talked about it in our FMP process, but this is the latest on the Street
Reconstruction Projects in the future that we’ve identified in the FMP and in the CIP.
The State gives us authority to approve a Five-Year Street Reconstruction and Overlay
Plan (SROP) 2024-2028 at the City; we hold a public hearing on that once, and it is
subject to reverse referendum 30 days after that public hearing. So, she just wants to
get some feedback on that.
As mentioned, in Minnesota State Statute 475.58, it states that we can adopt that
Plan; once it’s adopted, some of the reasons we’ll do it now that we have our CIP, FMP,
and narrow lining, we can identify those five-year plans for those street reconstructions.
Examples are Jamaica Avenue, 80th Street, some of those bigger collector roads that
we may not have 20% assessment for; so, we need another way that we can bond for
those projects, and this Plan would allow us to issue those bonds.
Director Malinowski reviewed our bond types:
General Obligation Permit Bond (through the 429 process): We do that for
pavement management.
General Obligation Utility Revenue Bonds: Sometimes for our utility projects.
Capital Improvement Bonds: We are required to hold a public hearing; that was
done for our Central Fire Station.
General Obligation Street Reconstruction Bond: This is something we can do,
and that’s part of the five-year plan that is in front of you, in draft form. One we
hold that public hearing, the 30-day petition could start so we could do those
projects.
General Obligation Abatement Bonds: We did that last fall with the Glacial Valley
Park building.
The Process: Identify the project, which is in the draft plan in front of you; those projects
were pulled from the CIP and they align with the FMP. We’ll hold a public hearing, we’ll
need a 2/3 majority approval from the City Council. It is subject to reverse referendum
within 30 days. Just a reminder that just because that debt is in the Plan, we still are
subject to Debt Limits; so, by including debt in that Plan doesn’t mean that we can go
above our Debt Limits.
City Council Meeting Minutes
September 6, 2023
Page 21
Once we approve that SROP, there are some things that we can change within the Plan
without adopting a new Plan. We can move amounts from one project to another
project; so, if one project is over budget and another project in the Plan is under budget,
we can move those funds between those projects, we’re allowed to do that. We can
change years in the project, so we might identify that we’re going to do something in
2026 and we’re not going to do it until 2027, so, we’re allowed to do that within that
Plan.
Things for which we would have to adopt a new Plan include:
We can’t add any new projects, so, we can’t decide that we’re going to do West
Point Douglas Road.
We can’t exceed the amount of Debt Bond Issuance in total; we’ve identified
about $25.5M, and we can’t exceed that amount.
In three years, if there are projects that come up and we need to change the
Plan, we can adopt a new Plan at any point; so, we’re not locked in for five years,
we would just go through the process again.
Projects that we’ve identified are listed are listed on the screen, those are the ones that
we had anticipated when we did the FMP, and then there’s some other projects that
have come up since. In total, we’ve got about $25.5M in bonds, those are high projects
as you know, but there are some Federal and County funds out there that we’re utilizing
for these projects. So, while the City would be bonding for $25.5M, our project total is
much higher because we are partners on many of those projects.
Council Member Thiede asked why do we still have Harkness on there, two things: 1)
We don’t want people necessarily using that road, we want them to use Hardwood; 2)
His guess is that the people who live on that road would rather not be assessed for
having any work done on that road, they’d probably just as soon have it gravel. If we go
ask them and everybody says yes, I’d love to have this road redone, then he’d change
his tune, but unless he’s told differently, it’s almost a waste of $2M.
Administrator Levitt replied our intent is that we wouldn’t do Harkness unless there is
development; so, we looked at our crystal ball and thought maybe the market in 2027 is
when you’re going to see the market surge with potential development and acquisition
in that area. As Director Malinowski said, we never have to do Harkness; if Harkness is
0, we can always put the $2M to any other project. That is going to be fully development
driven; we’re not going to reconstruct that road until development.
Council Member Olsen stated so, we’re just holding a place in the pot; Administrator
Levitt stated that’s exactly correct. So, if it never happens in five years, we just
reallocate the $2M to a different project.
Council Member Thiede asked if there was something special about this being
$25.5M instead of $23.5M.
Administrator Levitt replied the number can be whatever you want it to be, this was
our best Engineer’s Estimate, looking at it. For example, the County is putting the
roundabout in at 80th and Keats, so, we’re aligning that plan because we’re responsible
for 50%, it’s by leg. So, we know that we’re trying to match up with their CIP.
City Council Meeting Minutes
September 6, 2023
Page 22
Council Member Thiede asked, so, if it’s development driven on Harkness, would that
all be paid by the developers?
Amanda Meyer, City Engineer, replied on that project we’ve got $768K covered by
developers; so, this would be in addition to that, would be the bonding amount. That is a
high number just because it is out in 2027; we are anticipating that we would bond for
about $1M, but because it’s out in 2027, we escalated those costs for 2027.
Administrator Levitt stated, for example, on Jamaica, we already have a $3M
commitment to Washington County for that section of roadway. We’re anticipating,
depending on how Pioneer Road connects and what happens to the abandonment of
Military, there’s some additional funds there. Based upon what Woodbury is doing we’re
slowing their growth and not seeing any developments restart south of Dale Road,
beyond 2026. We think the 2028 timeframe, for example, may be when Washington
County would be coming for our $3M; not knowing how we’re going to connect with
Woodbury, there’s some additional numbers in there for that.
Council Member Thiede stated all of the others seem logical to him, it’s just the
Harkness just is not in his logic meter.
Mayor Bailey stated last week we went out and met with one of the apartment owners
along Hardwood, and just remember that the two that are built there are the only two
that have done that to Hardwood. Any others still have to go to Harkness. We even
heard while we were there that some of the other houses down the road there have
even approached, and they want to sell. And, so, he thinks staff is smart to put it out
there a little ways because we don’t know what’s going to happen in the future, but he
thinks it makes sense; if it happens, it happens, if it doesn’t, it doesn’t. If this money
moves to 80th Street or somewhere else, that’s fine. He noted that they put the inflation
factor in there, which is good. Maybe 80th Street won’t be as much if we get that
additional Federal or State bonding money, which we’re going to try for; it could even be
less. But, again, the idea is that you can’t go over, but you can go under. To Council
Member Thiede’s comment, if you go under or don’t spend it all, then it’s done and you
just start your new process, which Director Malinowski confirmed.
Director Malinowski stated for Harkness, just to let you know, new curb and gutter
cannot be funded with these street reconstruction bonds; so, when we need to do that
project, if we do that project, we will need to break out that cost and find another funding
mechanism for that, which could be those development buckets.
Mayor Bailey asked about sewers, would that be part of this?
Director Burfeind stated it can’t be for new utilities that don’t exist, as there’s no
water, sewer, or stormwater; so, that would another developer cost. Even something
like Harkness, even if a project does come through, it could be different and a developer
could have to pay for a lot more; we could end up designing two dead-end cul-de-sacs
to force the traffic on Hardwood, and the developer pays for most of it. What’s important
is to have the opportunity to be able to pay for this project if it’s a City cost.
Administrator Levitt stated just remember how we typically do it is we have 20% that
is being assessed; so, we can issue a G.O. Bond. The problem is none of these have
any assessable properties, so, we’ll never meet that threshold. So, we need it, and she
City Council Meeting Minutes
September 6, 2023
Page 23
thinks that’s why the legislature made this opportunity to be so flexible for cities, as this
is how you get your larger collector arterial roadways paid for.
Council Member Khambata asked so, if the remaining properties on that road in terms
of redevelopment can’t spill out onto Harkness, wouldn’t it be more reasonable to plan
for something along the lines of what Director Burfeind said, where we end up maybe
doing a partial swap and kind of terminating Harkness as a throughway. We’d combine
all those plots into one larger multiunit development, and then redirect traffic back out
onto Hardwood. Although it’s highest and best use, what else are you going to get there
if you can’t have multifamily that directs out onto Harkness, it kind of leaves you with
combining all those parcels into one large enough parcel for multifamily development,
but then it needs to empty out onto Hardwood.
Mayor Bailey stated he knew there was, at some point, discussion that Harkness
may not be a through street, where it could cul-de-sac on the north end. Council
Member Olsen stated but you still have to be able to get those people in and out. Mayor
Bailey stated they would have to drive south. To your point, the only other thing, though,
is we can’t require landowners to say you two have to go together and four have to go
together in order to build whatever you’re going to build. He asked staff isn’t the west
side of Harkness and the east side of Harkness more like townhomes or twin-homes.
Administrator Levitt replied there was a transition there.
Mayor Bailey stated he remembered we did not go with all apartments along that
side; Council Member Olsen stated no, we did not. Council Member Thiede stated it
looks much more like a resort than the deal on the sides there. Council Member Olsen
stated we wanted it to be walkable, with grass. Mayor Bailey stated we also wanted it to
be gradual, so, high to medium to single.
Council Member Thiede asked what financial benefit does this hold for us?
Director Malinowski replied it allows us to hold that public hearing once for all these
projects that we’ve identified, and to be able to bond for them. So, right now, we don’t
have the ability to bond with what we’ve done in the past; so, we’ve attached it to
Pavement Management Bonds. So, for Hinton Avenue, we bonded for part of that
project, and we attached it to a Pavement Management project to get that 20%
requirement. So, this is another mechanism for issuing debt for these street
reconstruction projects.
Council Member Thiede confirmed with Director Malinowski that we identify it, we can
have a public hearing, and we can bond for it, but we don’t actually incur financial cost
of it until we actually do get the bonds for any portion of it.
Director Malinowski stated yes, and so at that point in time, if we move forward for
the 80th Street roundabout at Keats in 2026, we would come to the City Council with a
feasibility report, that cost share agreement with the County on that because that will be
a County-led project. Council, at that point, would approve it, and we would have to
issue bonds at that point.
Council Member Olsen stated since we already had the public hearing and all the
rest of it, it’s a much smoother, easier, transparent process.
City Council Meeting Minutes
September 6, 2023
Page 24
Administrator Levitt stated so, the schedule is to call for the public hearing on
September 20, and then you’d hold the public hearing on October 18, and then after
your one hearing, you’re done, and then you’re approving it then with that debt.
Mayor Bailey stated that’s whether we do it or not.
Council Member Olsen stated but then those placeholders are then firmly slotted
where we currently have them mapped out here.
Administrator Levitt stated we just didn’t want this to be a surprise when we called for
that public hearing on September 19 and then held that public hearing in October. So,
we just wanted to run through the process one more time.
Director Malinowski stated in the Draft Plan, with the project descriptions, you’ll see with
anything that is a County-led project or part of our local share of County-led projects,
we’re noting that. Because we’ve agreed to flexibility in the SORP, and we’ve got that
noted.
She showed how this aligns with our FMP: The SORP is about $25.5M, in the FMP
we identified about $23.8M in street projects, that’s outside the Pavement Management.
So, we’re within $1.6M, and as we know, a lot of things can change, especially as we
get into years three, four, and five. She’s comfortable with that. As you know, for our
2024 Pavement Management and our discussion on Jamaica Avenue, we are bringing
Jamaica Avenue forth quicker. So, we know when we get that feasibility report for the
2024 Pavement Management, we may need to delay a portion in 2024 Pavement
Management in order to fund Jamaica Avenue. We know what our parameters are that
we need to work within that FMP, and so, we will continue to do that with this SORP.
Mayor Bailey said he remembered when we were talking about that during the CIP, one
of the things we discussed was pulling off East Point Douglas.
Director Burfeind stated yes, it was East Point Douglas and part of Hillside, that’s
kind of outside the neighborhood.
Council Member Thiede stated looking at this, though, and we’re doing a little bit worse
than the FMP, we should take that $2M out and we’d do a little bit better than the FMP.
Council Member Olsen stated this doesn’t include any third-party funding options for
many of these projects, which we’ve been pretty successful getting. He assumes that
that’s one of the reasons that you’re feeling as confident as you are.
Director Malinowski stated this $25.5M is allowing us to fund $91M in street projects.
We’re getting $5M for 80th Street, we’re getting $61M with the County Road 19 and
Highway 61 project, so, there’s a lot of different funding sources that we are tapping for
those projects.
Council Member Olsen stated yes, and when you articulate those in your plan, you
have a plan that you can present when Mayor Bailey and Director Burfeind go to D.C.,
you can see here’s where we’re at, this is what we’d like your help with. You have hard
documents; it’s just like going to ICSC with a development plan as opposed to well,
we’re kind of thinking this. You actually have a document for developers to look at. He
asked if Director Malinowski had any time to sync up County CIP on these.
City Council Meeting Minutes
September 6, 2023
Page 25
Administrator Levitt replied well, the County obviously hasn’t issued it yet, but our
understanding is we believe we have the flexibility in the plan. Council Member Olsen
stated he knows they haven’t voted on it yet.
Director Burfeind stated the County projects should match up, the two in 2026 and
then Jamaica in 2028.
Council Member Olsen stated it’s his understanding they’ve had a little bit of back
and forth with at least one of the commissioners about the CIP, but he thinks the
majority are going to move forward with what their game plan is. He wants to be sure
we’re locked in with that.
Council Member Thiede stated just so his point doesn’t get missed, the fact is that we
always seem to be a little bit more, not much, but a little bit more than a little bit less.
So, it’s just that mentality of all these little things.
Council Member Khambata asked if the FMP takes into account conservative rates of
inflation.
Director Malinowski stated it’s conservative rates of inflation and conservative rates
for growth in the next ten years. So, both of those are worked into the FMP, and this
would give us a little bit more flexibility if development picks up a little bit greater than
we’ve identified at the 2% in the FMP, and we could fund those projects.
Director Malinowski stated as we went through this process, we had thought that we
would be able to include the Shoppes at Cottage View. Because of their new street, we
cannot include them in the Plan, but if we issued assessments, 20%, we could do
bonding that way, or we could do tax abatement bonds. So, we’ve got other options;
she just wanted Council to know that it won’t fit into the definition of the SORP.
Council Member Olsen stated those bonds are eligible for use even though we’re
getting some additional third-party funding for that, correct? He stated sometimes with
that third-party funding, there are limitations on matching funds and how you acquire
those funds. He thanked her for that information, as long as they’ve looked at that.
Administrator Levitt stated the other thing is if we have a developer, and they agree
to an assessment waiver, then you’re back to yourself. Council Member Olsen stated
then we’re good.
Director Malinowski asked if there were any other questions or feedback on this.
Council Member Olsen stated he likes the planning, it looks good.
14. WORKSHOPS - CLOSED TO PUBLIC - None.
15. ADJOURNMENT
Motion by Council Member Olsen, second by Council Member Dennis, to adjourn the
meeting at 8:40 p.m. Motion carried: 5-0.
Minutes prepared by Judy Graf and reviewed by Tamara Anderson, City Clerk.
1
City Council Action Request
7.C.
Meeting Date 10/4/2023
Department Administration
Agenda Category Action Item
Title Liquor License - Bills Liquor, LLC
Staff Recommendation Approve the Off- Sale Liquor application for Bills Liquor, LLC,
located at 7155 Jorgensen Lane South #150, Cottage Grove,
Minnesota.
Budget Implication N/A
Attachments 1. Memo - Liquor License (Bill's Liquor, LLC)
2. Sergeant McCormick - Memo
To:Honorable Mayor and City Council Members
Jennifer Levitt, City Administrator
From:Tamara Anderson, City Clerk
Date:September 27, 2023
Subject:Liquor License – Bills Liquor, LLC
Background
All liquor-selling establishments in the City of Cottage Grove are required by Minnesota State
Law (Chapter 340A) and City Ordinances (Section 3-11-5) to be licensed by the City Clerk.
Nebeel Hassan has applied for an Off-Sale Liquor license for his new business, Bills Liquor,
LLC, which will be located at 7155 Jorgensen Lane South #150, Cottage Grove, Minnesota,
on September 5, 2023.
The application is complete and in accordance with our ordinance as submitted and includes
a lease agreement for the location at 7155 Jorgensen Lane South. Public Safety conducted
background checks and discovered no evidence that would prevent Nebeel Hassan from
receiving an Off-Sale Liquor License for sales at Bills Liquor, LLC (7155 Jorgensen Lane
South #150).
Once accepted by Council, the application will be forwarded to the State of Minnesota Liquor
and Gambling Division for review and State approval.
Recommendation
Based on the current information collected it is recommended the City Council approve the
Off-Sale Liquor application for Nebeel Hassan, Bills Liquor, LLC, located at 7155 Jorgensen
Lane South #150, Cottage Grove, Minnesota.
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City Council Action Request
7.D.
Meeting Date 10/4/2023
Department Administration
Agenda Category Action Item
Title Tobacco License - Bills Liquor, LLC
Staff Recommendation Approve the Tobacco application for Bills Liquor, LLC, located at
7155 Jorgensen Lane South #150, Cottage Grove, Minnesota.
Budget Implication N/A
Attachments 1. Memo - Tobacco License (Bill's Liquor, LLC)
2. Sergeant McCormick - Memo
To: Honorable Mayor and City Council Members
Jennifer Levitt, City Administrator
From: Tamara Anderson, City Clerk
Date: September 27, 2023
Subject: Tobacco License – Bills Liquor
Background
All tobacco-selling establishments in the City of Cottage Grove are required by Minnesota
State Law and City Ordinances (Section 3-5-1) to be licensed by the City Clerk.
Nebeel Hassan applied for a tobacco license for his new business, Bills Liquor, LLC, which
will be located at 7155 Jorgensen Lane South #150, Cottage Grove, Minnesota, on
September 5, 2023.
The application is complete and in accordance with our ordinance as submitted and includes
a copy of a lease agreement. Public Safety conducted background checks and discovered no
evidence that would prevent Nebeel Hassan from receiving a tobacco license for sales at Bills
Liquor, LLC (7155 Jorgensen Lane South #150).
Recommendation
Based on the current information collected there is a recommendation that the City Council
approve the Tobacco License application for Nebeel Hassan, Bills Liquor, LLC, located at
7155 Jorgensen Lane South #150, Cottage Grove, Minnesota.
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City Council Action Request
7.E.
Meeting Date 10/4/2023
Department Administration
Agenda Category Action Item
Title Wahington County Election Joint Powers Agreement
Staff Recommendation Approve the Joint Powers Agreement with Washington County for
elections administration.
Budget Implication This is part of the 2023-24 Budget
Attachments 1. Election Services JPA - Final Copy - Cottage Grove
2. Election Services JPA - August 2023 - Tracked Changes for CG & FL
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TO: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
FROM: Tammy Anderson
DATE: October 4, 2023
RE: Wahington County Election Joint Powers Agreement
Discussion
On December 21, 2022, the City of Cottage Grove and Washington County agreed to a Joint
Powers Agreement to conduct elections inside the City of Cottage Grove. Many other cities in
Washington County, including Woodbury and Oakdale, have a similar Joint Powers
Agreement for election services. Washington County is requesting that all communities sign
the same joint powers agreement in order to maintain a similar approach for conducting
elections.
Some changes were made to the amended Joint Powers Agreement. The revised agreement
specifies some of the County and City Clerk's duties and responsibilities. It also restricts the
agreement's expiration to just odd years, guaranteeing that neither side may cancel the pact in
the middle of an election. The expenses of running the election for Washington County will be
updated annually on the Washington County Fee table and will not be detailed in the present
agreement. Although prices for equipment, election judges, and publications might fluctuate
from year to year, Washington County will collaborate with the City to give budget estimates
so the City can accurately plan for them in our budget.
Recommendation
Approve the Joint Powers Agreement with Washington County for elections administration.
Attachments
1. Election Services JPA - Final Copy - Cottage Grove
2. Election Services JPA - August 2023 - Tracked Changes for CG & FL
AGREEMENT FOR ELECTION SERVICES
THIS AGREEMENT (“Agreement”), made and entered into this _____ day of __________, 2023, by and
between the City of Cottage Grove, a Minnesota municipal corporation, herein referred to as the
“City”, and Washington County, a body politic and corporate, herein referred to as “County,” hereafter
collectively referred to as “Parties.”
WHEREAS, Minnesota Statutes, Section 471.59, authorizes two or more governmental units to
enter into an agreement to jointly or cooperatively exercise any power common to the contracting
parties; and
WHEREAS, pursuant to the United States Constitution, Minnesota election laws, and other relevant
state and federal election laws, the Parties have certain election related duties imposed upon them in
order to carry out the proper administration of elections; and
WHEREAS, the Parties agree that efficiencies and economies of scale make it desirable for the
County to assume some of the City’s election related responsibilities; and
NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the
Parties agree as follows:
SECTION ONE – DEFINITIONS
The following words, terms, and phrases when used in this Agreement shall have the meaning ascribed
to them in this Section, except where the context clearly indicates a different meaning:
A. Precinct Supplies: City owned voting booths, polling place signs, flags, flag stands, and supply boxes
containing election related materials, including supplies, forms, and other required precinct
supplies.
B. Voting Equipment: County owned optical scan voting systems, assistive voting devices, electronic
rosters, and other required voting equipment.
C. Election Authority: The city, town, or school district calling for the election.
SECTION TWO – ELECTION SERVICES
The City hereby contracts with the County to perform, and the County hereby agrees to perform, the
election services hereinafter described. This Agreement shall apply to statewide primary and general
elections, special elections called by a valid election authority and all other elections required by law.
The Parties agree to carry out the election services hereinafter described in accordance with the
United States Constitution, Minnesota election laws, and all other relevant state and federal election
laws.
A. COUNTY RESPONSIBILITIES
The County shall perform the following election services which are assigned to the City under
Minnesota election laws and other relevant state and federal laws for every election identified in this
Agreement:
1. Election Judges:
a. The County shall be responsible for recruitment, training, and assignment of election judges.
b. The County shall be responsible for determining the hourly pay rate of the election judges.
c. The County shall be responsible for paying the election judges directly for salaries, authorized
mileage, and other authorized expenses.
2. Voting Equipment:
a. The County shall arrange for the transport of and coordinate the placement and use of voting
equipment for each polling place in the City.
b. The County shall be responsible for the programming of voting equipment.
c. The County shall conduct preliminary and public accuracy testing of optical scan voting
systems. The County shall post and publish the required notices for the public accuracy
testing.
3. Precinct Supplies: The County shall be responsible for providing election forms, supplies, and
other election related materials for each polling place in the City.
a. The County shall arrange for the transport of and coordinate the placement and use of
precinct supplies at each polling place in the City.
b. If the precinct supplies provided for use at each polling place are not the exact supplies
purchased by the City, they will be comparable, as determined by the County.
c. When the precinct supplies are not in use, the County shall store them in secure County
facilities during the term of this Agreement. The County shall store the precinct supplies in an
adequate manner to minimize the possibility of loss, theft, or damage. At the termination of
this Agreement, the County will return all the City’s precinct supplies to the City.
d. If additional and/or replacement precinct supplies are needed, the County shall notify the City
of the need and provide a cost estimate prior to the purchase. Following the approval of the
City, the County shall purchase the supplies and bill the City for the costs.
e. Notwithstanding anything in this Agreement that may be to the contrary, the City shall be
responsible to replace any lost, stolen, damaged or destroyed City precinct supplies and will
hold the County harmless if any of the City’s precinct supplies are lost, stolen, damaged or
destroyed while in the care and custody of the County.
4. Ballots:
a. The County shall be responsible for the programming, layout, and printing of ballots for the
City.
b. The County shall pay the ballot costs for statewide elections.
c. All ballot costs for any other election will be paid by the election authority as reimbursement
of actual cost or direct payment.
5. Absentee Voting:
a. The County shall administer absentee voting for the City.
b. The County shall pay the absentee voting costs for statewide elections.
c. Absentee voting costs for any other election will be paid by the election authority per the
most recently adopted Countywide Fee Schedule.
6. The County shall coordinate directly with each facility for the election day use of designated
polling places in the City.
7. Post‐Election:
a. The County shall be responsible for the compiling and reporting of election results and
election statistics and providing election related information to the Minnesota Office of the
Secretary of State’s election reporting system.
b. The County shall be responsible for providing the City an abstract and results reports to be
reviewed by the City Canvass Board.
c. The County shall be responsible for administering the Post‐Election Review for the City’s
precincts.
8. The County shall provide to City officials, candidates, and the public, information and assistance
related to election procedures. The County shall not be responsible for providing the City with
legal advice concerning questions related to election law.
9. The County shall inform the City of the number of registered voters in each of its precincts within
five (5) business days of February 1st of each odd numbered year.
10. The County shall provide the City an estimate of costs for election services for the next even
numbered year’s election cycle by March 31st of each odd numbered year.
11. The County shall provide the City an estimate of costs for the next year’s annual equipment
maintenance by March 31st of each year.
B. CITY RESPONSIBILITIES
1. Precinct Supplies:
a. The City shall provide the County with its precinct supplies to be utilized at each polling place
for each election required in this Agreement.
b. At the conclusion of every election, the County shall store the City’s precinct supplies pursuant
to Section (2)(C)(3) on this Agreement.
2. Precincts:
a. The City shall be responsible for determining precinct boundary changes.
b. The City shall not establish a precinct with more than 4,500 registered voters.
c. The City shall make a boundary change for any precincts exceeding 4,500 registered voters
before December 31st of each odd numbered year.
i. The City will receive a list of the number of registered voters in each precinct from the
County within five (5) business days of February 1st of each odd numbered year.
i. The City shall pay the costs for the required notifications to voters of a precinct boundary
change.
ii. The City and County may mutually determine a boundary change for a precinct with more
than 4,500 voters be delayed and reevaluated in the next odd numbered year.
3. Polling Places:
a. The City shall be responsible for establishing polling places for each election precinct in the
City, preparing the polling place resolution, and requesting approval of the resolution by the
City Council.
b. The County shall review and provide input regarding the establishment of polling places prior
to approval by the City.
c. Any formal agreements that may be required for the use of a designated polling place facility
are to be made between the City and the polling place. The City will make the polling place
available to County personnel.
4. The City shall provide to the County the title and text of any City ballot questions within a
reasonable time after the resolution authorizing the ballot questions is approved by the City. The
City shall provide the County with the certification of candidate names for City offices within a
reasonable time after the Affidavit of Candidacy is filed with the City.
5. The City shall prepare a resolution authorizing the County to designate an absentee ballot board
for the purpose of accepting and rejecting ballots for the City. The City shall request the approval
of the resolution by the City Council.
6. The City shall perform the duties of candidate filing officer for elected city offices.
7. The City shall administer initial and ongoing campaign financial reporting and economic
disclosure activities; prepare, post, and publish election notices at the City Office.
8. The City shall conduct the official canvass of election results following each City election.
a. The City shall strive to provide the County with the date of the City Canvass Board meeting
at least thirty (30) days before each election.
9. The City shall retain election records for a period not less than twenty‐two (22) months after
each City election and retain a permanent archive of election results.
SECTION THREE ‐ RECOUNTS
The Parties recognize that under Minnesota election laws, the City Clerk or designee serves as the
recount official for recounts conducted by the City Council or City Canvassing Board. If mutually agreed
by the Parties, a County official may act as the recount official. The Parties will determine the duties,
responsibilities, and cost reimbursements for any such recount agreement.
SECTION FOUR – LIABILITY AND INSURANCE
A. The Parties total liability under this Agreement shall be governed by Minnesota Statute 471.59,
subd. 1a. For the purposes of determining total liability for damages, the participating
governmental units are considered to be a single governmental unit, the total liability of which shall
not exceed the limits for a single governmental unit as provided in Minnesota Statute 446.04, subd.
1.
B. The Parties shall maintain such insurance as will protect such party from claims which may arise out
of, or result from, the Parties actions under this Agreement. The City shall not be required to
maintain any insurance coverage needed in connection with the performance of the County
services, including but not limited to automobile liability insurance, workers compensation
insurance and public liability insurance.
SECTION FIVE ‐ AGREEMENT FEES
A. The City shall pay a fee to the County for election services each year they have an election. The
election fee schedule is approved by the County Board each year and establishes the fee(s)
associated with each election type. The City will be billed for election services upon the completion
of the election cycle. The County will provide an invoice to the City no later than sixty (60) days
after the last election in the cycle payable thirty (30) days after providing said invoice.
B. The City will be billed for the actual costs of appointed election judges salaries, authorized mileage
and other expenses to perform duties within their election precincts.
C. The City will be billed for any required legal publication costs.
SECTION SIX ‐ INDEPENDENT CONTRACTOR
It is understood and agreed between the Parties that the County is an independent contractor and not
an employee of the City.
SECTION SEVEN ‐ DURATION AND TERMINATION
A. Term: This agreement shall commence on the ____ day of ___________, 2023, and remain in force
until terminated pursuant to the terms of this Agreement.
B. Termination:
1. This Agreement may be terminated by either party upon six (6) months written notice of its
intent to terminate the agreement delivered to the other party.
2. This Agreement may be terminated immediately by the mutual written agreement of both
Parties; however, the Agreement cannot be terminated during an even numbered year.
3. Upon termination of this Agreement, the County will coordinate with the City for the return of
all City owned precinct supplies stored in County facilities.
SECTION EIGHT – GENERAL PROVISIONS
A. Designated Representatives:
1. The City shall designate the City Clerk as the principal contact person for the City.
2. The County shall designate the Taxpayer Services & Elections Division Manager as the
principal contact person for the County.
3. The County shall designate the Election Coordinator as the secondary contact person for the
County.
If either party requires assistance on election day with its election related duties under this Agreement,
the designated contact person(s) shall be responsible for determining what resources are available and
how such resources will be utilized to render assistance.
SECTION NINE – ENTIRE AGREEMENT
It is understood and agreed upon that the entire agreement of the Parties is contained herein, and that
this Agreement terminates, replaces, and supersedes any and all prior Joint Powers Agreements for
election services between the Parties.
IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement the day and year
first above written.
CITY OF COTTAGE GROVE WASHINGTON COUNTY
By________________________________ By _________________________________
Myron Bailey, Mayor Gary Kriesel, County Board Chair
By________________________________ By _________________________________
Tamara Anderson, City Clerk Kevin Corbid, County Administrator
Recommended By:
_________________________________
Amy Stenftenagel, Director,
Property Records & Taxpayer Services
Approved as to form by:
_________________________________
Stuart Campbell,
Assistant Washington County Attorney
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AGREEMENT FOR ELECTION SERVICES
THIS AGREEMENT (“Agreement”) is made and entered into this _____ day of _______________,
20_____ by and between the City of Forest Lake, a Minnesota municipal corporation, (“City”) and
Washington County, Minnesota, a body politic and corporate, (“County”) hereafter collectively referred
to as “Parties”.
WHEREAS, Minnesota Statutes, Section 471.59, authorizes two or more governmental units to
enter into an agreement to jointly or cooperatively exercise any power common to the contracting
parties; and
WHEREAS, pursuant to the United States Constitution, Minnesota Election Law, and other
relevant state and federal election laws, the Parties have certain election-related duties imposed upon
them in order to carry out the proper administration of elections; and
WHEREAS, the Parties agree to carry out the proper administration of elections in accordance
with the United States Constitution, Minnesota Election Law, and all other relevant state and federal
election laws; and
WHEREAS, the Parties agree that efficiencies and economies of scale make it desirable for the
County to assume some of the City’s election-related responsibilities; and
NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein
the Parties agree as follows:
SECTION ONE - DEFINITIONS
The following words, terms, and phrases when used in this Agreement shall have the meaning ascribed
to them in this Section, except where the context clearly indicates a different meaning:
A. Minnesota Election Law. The contents of Minnesota Statutes, Chapters 200, 201, 202A, 203B,
204B, 204C, 204D, 205, 205A, 206, 208, 209, 211A, 211B, and 211C.
A. Election equipmentPrecinct Supplies. City owned Vvoting booths, polling place signs, flags, flag
stands and City supply boxes containing election-related materials, supplies, forms, and other
required precinct supplies. including, but not limited to optical scan voting systems, assistive
voting devices, electronic rosters, and other required polling place equipment for every primary,
special or general election as required by law.
B. Voting equipment. County owned optical scan voting systems, assistive voting devices, electronic
rosters, and other required voting equipment.
Commented [CP1]: Prefer not to add specific statute numbers
so if there are additions/deletions we don’t need to execute a new
JPA or amend the current.
Commented [CP2]: City owned items are precinct supplies as
defined here. The county owns and maintains the voting equipment,
including DS200 tabulators, pollpads erosters, and omniballot
assistive devices.
2
B.C.Election authority. The city, town, or school district calling for the election.
SECTION TWO – ELECTION SERVICES
The City hereby contracts with the County to perform, and the County hereby agrees to perform, the
election services hereinafter described. This Agreement shall apply to statewide primary and general
elections, special elections called by a valid election authority and all other elections required by law.
The Parties agree to carry out the election services hereinafter described in accordance with the United
States Constitution, Minnesota Election Law, and all other relevant state and federal election laws.
A.COUNTY RESPONSIBILITIES
The County shall perform the following election services which are assigned to the City under Minnesota
election law and other relevant state and federal laws for every election identified in this Agreement:
1. Election Judges.
a. The County shall be responsible for recruitment, training, and assignment of election
judges. The County will abide by the appointment and training requirements for
election judges under Minnesota Statutes, Sections 204B.19 – 204B.26.
b.The City County shall be responsible for determining the hourly pay rate
compensation of the election judges., in consultation and with the County.
b.c.The County shall be responsible for paying the election judges directly for salaries,
authorized mileagemileage, and other authorized expenses. The City shall inform the
County of an appointed election judge who has provided a written statement
choosing to serve without payment.
2. VotingElection equipment.
a.The County shall arrange for the use of provide the City with all election voting
equipment, including optical scan voting systems, assistive voting devices, electronic
rosters, and other required voting equipment. If the election equipment is not the
identical equipment purchased by the City, it will be comparable equipment, as
determined by the County. The following provisions apply to election equipment:
b. The County shall be responsible for the programming of voting equipment for the City.
c. The County shall conduct preliminary and public accuracy testing of optical scan
voting systems. The County shall post and publish the required notices for the public
accuracy testing.
3. Precinct Supplies. The County shall be responsible for providing election forms, supplies, and
other election related materials for each polling place in the City.
a. The County shall arrange for the transport of and coordinate the placement and use
of precinct supplies at each polling place in the City.
Commented [CP3]: This becomes relevant when a special
election is called by an authority as it determines who is responsible
for some of the costs as outlined in the agreement.
Commented [CP4]: It is a given that the county will act in
accordance with statute. This is addressed with the 3rd whereas
statement. We prefer not to list specific statute numbers, so we don’t
have to execute new JPA’s if there is a legislative change.
Commented [CP5]: We prefer to retain this responsibility.
Commented [CP6]: The county handles all of the election judge
functions including recruiting, interviewing, hiring, scheduling,
payroll, etc. We will have this information as part of our process.
Commented [CP9]: There are two distinct types of equipment
that need to be addressed as defined in section 1 A & B. Precinct
supplies (signs, voting booths, forms, pens, etc) and voting
equipment (tabulators, and other technology). The county handles
all the responsibilities related to getting the equipment to the polling
places.
Commented [CP7]: The County handles the required notices
for the public accuracy testing. The City handles all other required
notices. There were some changes to what is required to be posted
and published in the 2023 legislative session.
Commented [CP8]: The county handles all the responsibilities
related to getting the supplies to the polling places.
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b. If the precinct supplies provided for use at each polling place are not the exact supplies
purchased by the City, they will be comparable, as determined by the County.
c.When the precinct supplies are not in use, the County shall store them in secure
County facilities during the term of this Agreement. The County shall store the
precinct supplies in an adequate manner to minimize the possibility of loss, theft, or
damage. At the termination of this Agreement, the County will return all the City’s
precinct supplies to the City.
d.If additional and/or replacement precinct supplieselection equipment is are needed,
the County shall notify the City of the need and provide a cost estimate prior to itsthe
purchase. of the replacement equipment, including an explanation of the need for the
replacement equipment and the cost estimates therefor. Following written
authorization from the City Administrator, the County shall purchase the replacement
equipment and bill the City for the costs.
d.e.Notwithstanding anything in this Agreement that may be to the contrary, the City
shall be responsible to replace any lost, stolen, damaged, or destroyed City precinct
supplies and will hold the County harmless if any of the City’s precinct supplies are
lost, stolen, damaged, or destroyed while in the care and custody of the County.
e. The County shall prepare, transport and set up all election equipment to and from
each voting polling place. The County will coordinate with the City for the placement
and use of City-owned election equipment at each polling place.
f. When the election equipment is not in use for an election, the County shall store the
City’s election equipment in a County facility during the term of the Agreement. The
County shall store the City’s election equipment in a safe, secure manner and with
adequate safeguards to minimize the possibility of loss, theft, damage or commingling
with other equipment or property. Upon the City’s request, the County shall furnish
an inventory of all election equipment stored by the County, specifying the location,
along with any other information the City may request regarding the election
equipment’s storage.
g. The City is committed to maintaining the election equipment in good operating
condition to maintain and preserve the value and election equipment. To that end,
the County shall provide annual routine maintenance to address all necessary
replacements and repairs to the City’s election equipment.
h.The County shall conduct preliminary testing of all the City’s electronic voting
systems to ensure they are in proper working order. Such testing shall also include
public accuracy tests of all the City’s electronic voting systems. After the County has
completed the accuracy testing of the City’s electronic voting systems, the County
shall publish and post notices of the public accuracy tests.
Commented [CP10]: We will work together on replacement
supplies and understand the need to have estimates for budgeting.
Commented [CP11]: Moved to section 2 A 2 a & 2 A 3 a.
Commented [CP12]: Moved to section 2 A 3 c
Commented [CP13]: There is no routine maintenance that can
be performed on the precinct supplies. We assess the condition
ahead of the even year elections. We ensure maintenance is
performed on County owned voting equipment.
Commented [CP14]: Addressed in section 2 A 2 c
4
i.The County shall be responsible for the programming of optical scan voting
systems, assistive voting devices, and electronic rosters for the City.
4. Ballots.
a. The County shall be responsible for programming, layout, and printing of the ballots
for the City.
b. The County shall pay the ballot costs for statewide elections.
j.c.All ballot costs for any other election will be paid by the election authority as
reimbursement of actual cost or direct payment.
5. Absentee Voting.
a. The County shall administer absentee voting for the City.
b. The County shall pay the absentee voting costs for statewide elections.
k.c.Absentee voting costs for any other election will be paid by the election authority per
the most recently adopted Countywide Fee Schedule.
6. The County shall coordinate directly with each facility for the election day use of designated
polling places in the City.
7. Post-Election.
a. The County shall be responsible for the compiling and reporting of election results and
election statistics and providing election related information to the Minnesota Office
of the Secretary of State’s election reporting system.
b. The County shall be responsible for providing the City an abstract and results reports
to be reviewed by the City Canvass Board.
l.c.The County shall be responsible for administering the Post-Election Review for the
City’s precincts.
2.8.The County shall provide to City officials, candidate, and the public, information and
assistance related to election procedures. The County shall not be responsible for providing
the City with legal advice concerning questions related to election law.
3.9.The County shall inform the City of the number of registered voters in each of its precincts
within five (5) business days of February 1st of each odd numbered year.
Commented [CP15]: Addressed in section 2 A 2 b
5
10. By March 31
st of each odd numbered year, Tthe County shall provide the City an estimate of
costs for election services for the next even numbered year’s election cycle by March 31st of
each odd numbered year. Such costs shall be based on the County’s approved election fee
schedule.
4.11.The County shall provide the City an estimate of costs for annual equipment maintenance
by March 31st of each year.
5.12.After the City has designed by ordinance or resolution a polling place for each election
precinct pursuant to Minnesota Statutes, Section 204B.16, subdivision 1(a), the County shall
contact the City Clerk regarding the use of polling places on Election Day. The County shall
conduct annual inspections of the polling places established by the City according to
Minnesota Statutes, Section 204B.16, in order to verify compliance with all state and federal
accessibility requirements.
6. Election Forms, Ballots and Supplies. The County shall be responsible for providing election
forms, supplies and other election-related materials for each designated polling place in the
City and to publish any required primary or general election sample ballots.
a. The County shall be responsible for the programming, layout, and printing of ballots
for the City. All ballots for every election shall be prepared in accordance with
Minnesota Statutes, Sections 204B.35 - 204B.44 and Chapter 204D, except for voting
machine ballots or as otherwise provided by law.
b. The County shall pay all ballot-related costs for State Elections.
c. All ballot-related costs for any other election will be paid by the City as a
reimbursement of actual cost or direct payment.
7. The County shall administer absentee voting for the City in accordance with Minnesota Statutes,
Chapters 203B and 204B and all other applicable state or federal rules and regulations.
a. The County shall pay for all absentee voting-related costs for State Elections.
b. All absentee voting-related costs for any other election will be paid by the City per the
most recently adopted County fee schedule.
8. The County shall be responsible for the compiling and reporting of election results and
election statistics and providing election-related information to the Minnesota Office of the
Secretary of State’s election reporting system and the appropriate canvassing boards, the
public, and the media. County shall also provide election-related information on the County’s
website relating to City elections. The County shall be responsible for providing the City an
abstract and results report to be reviewed by the City Canvass Board.
Commented [CP16]: Moved to section 2 A 4 a b c
Commented [CP17]: Moved to section 2 A 5 a b c
6
9. The County shall be responsible for administering the Post-Election Review for the City’s
precincts.
10. The County shall provide to City officials, candidates, and the public, information and
assistance relating to election procedures. The County shall not be responsible for providing
the City with legal advice concerning questions related to election law.
11. As may be required by Section 203 of the Voting Rights Act of 1965, as amended, the County
shall procure and provide interpreter services to be available for all elections administered
pursuant to this Agreement. The County shall cover the costs associated with ensuring
compliance with Section 203 of the Voting Rights Act of 1965, as may be applicable to this
Agreement.
12. The County shall prepare, post, and publish notices of filings as required by Minnesota
Statutes, Sections 205.13 and 205.16.
13. The County shall publish, post, and provide the sample ballots as required by the Washington
County Auditor.
CITY RESPONSIBILITIES
A. Precinct Supplies.
1. The City possesses election equipment for the purpose of fulfilling its election-related
obligations under state and federal law. Upon execution of this Agreement, tThe City shall
provide the County with access to its election equipmentprecinct supplies to be utilized
at each polling place for each election required by lawthis Agreement.
A.2. At the conclusion of every election, the County shall store the City’s election
equipmentprecinct supplies pursuant to Section 2(C1)(3D) of this Agreement.
B. Precincts.
1.The City shall be responsible for determining precinct boundary changes. in accordance
with Minnesota Statutes, Section 204B.14, and any other applicable state or local rule or
regulation.
2. The City shall not establish a precinct with more than 4,500 voters.
3. The City shall make a boundary change for any precincts exceeding 4,500 registered
voters before December 31st of each off numbered year.
a. The City will receive a list of the number of registered voters in each precinct
from the County within five (5) business days of February 1st of each odd
numbered year.
Commented [CP18]: Moved to section 2 A 7 a b
Commented [CP19]: Moved to section 2 A 7 c
Commented [CP20]: Moved to section 2 A 8
Commented [CP21]: These services are provided by the
Minnesota Office of the Secretary of State to all election
jurisdictions in the state.
Commented [CP22]: The City will continue to be responsible
for posting and publishing required notices with the exception of the
public accuracy test notice.
Commented [CP23]: Sample ballots are no longer required to
be posted or published per 2023 legislative change.
Commented [CP24]: Precinct supplies are provided to the
County and we arrange for use and store as noted in section 2 A 3
7
a.b.The City shall pay the costs for the required notifications to voters of a
precinct boundary change.
B.c. The City and County may mutually determine a boundary change for a precinct
with more than 4,500 voters be delayed and reevaluated in the next odd
numbered year.
1) The boundary change must occur before December 31
st of the odd numbered year.
2) The City shall pay the costs for the required notifications to voters of a precinct boundary
change. However, the County shall pay for any costs associated with a notice requirement
specifically assigned to the County under Minnesota Statutes, Chapter 204B.14
3) The City and County may mutually determine a boundary change be delayed and
reevaluated in the next odd numbered year.
C. Polling Places.
1.The City shall be responsible for establishing polling places for each election precinct in
the City, preparing the polling place resolution, and requesting approval of the resolution
by the City Council. in accordance with Minnesota Statutes, Section 204B.16, and any
other applicable state or local rule or regulation.
2. The County shall review and provide input regarding the establishment of polling places
prior to approval by the City.
C.3.Any formal agreements that may be required for the use of a designated polling
place facility are to be made between the City and the polling place. The City will make
the polling place available to County personnel.
D. Any formal agreements that may be required for the use of a public facility as a polling place for
elections will be made between the City and the public facility designated as a polling place. The City will
make the polling place available to County personnel after receiving notice from the County detailing
the date, time, location of polling place, and reason that County personnel requires access to the polling
place.
E.D.The City shall provide the County with the title and text of any City ballot questions within
a reasonable time after the resolution authorizing the ballot question is approved by the City. in
accordance with Minnesota Statutes, Sections 205.16, subd. 4 and 205A.05, subd. 3. The City
shall provide the County with the certification of candidate names for City offices within a
reasonable time after the Affidavit of Candidacy is filed with the City.
F.E.The City shall prepare a resolution authorizing the County to designate an absentee ballot board
for the purpose of accepting and rejecting ballots for the City. pursuant to the requirements of
Commented [CP25]: Large precincts are difficult to manage
and negatively impact the voter experience. This limit allows us to
effectively manage the precinct and provide an optimal experience
for voters.
Commented [CP26]: This addresses any use and liability
agreements polling place facilities may require for use a location
designated by the City. The election judges and potentially county
personnel will need access to perform their work on election day.
8
Minnesota Statutes, Section 203B.121 and administering all other aspects of absentee voting
activities pursuant to Minnesota Statutes, Chapter 203. The City and County shall mutually agree
on the amount paid to each member of the absentee ballot board as reasonable compensation
for services rendered during an election. The City shall request the approval of the resolution by
the City Council.
G.F.The City shall perform the duties of candidate filing officer for candidates for Mayor, City
Council Member, and other elected city offices.
H.G.The City shall administer initial and ongoing campaign financial reporting and economic
disclosure activities; prepare, post, and publish election notices unless such notice is specifically
assigned to the County under Minnesota Election Law; and post sample ballots at City Hall.
I.H.The City shall conduct the official canvass of election results following each City election pursuant
to the requirements of Minnesota Election Law.
J.1.The City shall strive to provide the County with the date of the City Canvass Board meeting
at least thirty (30) days before each election.
K.I.The City shall retain election records for a period not less than twenty-two (22) months after each
City election and retain a permanent archive of election results pursuant to Minnesota Statutes,
Section 204B.40.
L. The City shall prepare and approve all resolutions required of the City in Minnesota Election Law
to administer elections.
SECTION THREE - RECOUNTS
The Parties recognize that under Minnesota Election Law, the City Clerk or designee serves as the recount
official for recounts conducted by the City Council or City Canvassing Board. If mutually agreed by the
Parties in writing, a County official may act as the recount official. The Parties will determine the duties,
responsibilities and cost reimbursements for any such recount agreement.
SECTION FOUR – LIABILITY AND INSURANCE
A.The Parties total liability under this Agreement shall be governed by Minnesota Statute 471.59,
subd. 1a. For the purposes of determining total liability for damages, the participating
governmental units are considered to be single governmental unit, the total liability of which
shall not exceed the limits for a single governmental unit as provided in Minnesota Statute
466.04, subd. 1.Each party to this Agreement shall be responsible for its own acts and omissions,
and the acts or omissions of its officials, agents, and employees, and the results thereof, in
carrying out the terms of this Agreement, to the extent authorized by law, and shall not be
responsible for the acts or omissions of the other party, its officials, agents, and employees, and
the results thereof. To the full extent permitted by law, actions by the Parties pursuant to this
9
Agreement are intended to be and shall be construed as a “cooperative activity” and with the
intent that the Parties be deemed a “single governmental unit” for the purpose of liability as set
forth in Minnesota Statutes, Section 471.59, subd. 1a(a), liability of which shall not exceed the
statutory limits established under Minnesota Statute 466.04, subd. 1. Nothing herein shall be
construed nor operate as a waiver of any applicable limits of or exceptions to liability set by law.
B. The Parties shall maintain such insurance as will protect such party from claims which may arise
out of, or result from, the Parties actions under this Agreement. The City is not required to
maintain any insurance coverage needed in connection with the performance of any County
services under this Agreement, including but not limited to, automobile liability insurance,
workers compensation insurance, and public liability insurance. By purchasing insurance, the
Parties do not intend to waive, and the Agreement shall not be interpreted to constitute a waiver
of, by any party, limitations on liability or immunities provided by any applicable state law,
including Minnesota Statutes, Chapters 466 and 471.
SECTION FIVE - FEES
A. The City shall pay a fee to the County for election services each year they have an election. The
election fee schedule is approved by the County Board each year and establishes the fee(s)
associated with each election type. The current fee schedule is attached as Exhibit A. The City will
be billed for election services upon the completion of the election cycle. The County will provide
an invoice to the City no later than sixty (60) days after the last election in the cycle payable thirty
(30) days after providing said invoice.
B. The City will be billed for the actual costs of appointed election judges salaries, authorized
mileage and other expenses to perform duties within their election precincts.
C. The City will be billed for any required legal publication costs.
SECTION SIX - INDEPENDENT CONTRACTOR
It is understood and agreed between the Parties that the County is an independent contractor and not
an employee of the city. nothing in this Agreement is intended or should be construed as creating the
relationship of agents, partners, joint ventures, or associates between the Parties. Any election services
provided by the County, its officers, agents and employees pursuant to this Agreement, shall be provided
as employees of the County or as independent contractors of the County, and not as employees of the
City of any purpose.
SECTION SEVEN - DURATION AND TERMINATION
A. Term. This Agreement shall commence on the _____ day of _______________, 2023 and remain
in full force and effect until terminated pursuant to the terms of this Agreement.
B. Termination.
Commented [CP27]: We will not attach the fee schedule to the
agreement so as not to have to execute a new agreement if changes
are made.
10
1) This Agreement may be terminated by either party upon six (6) months written notice
delivered to the other party. Upon termination under this provision, if there is no default
by the County, the County shall be paid for any services rendered and reimbursable
expenses incurred until the effective date of termination.
2)This Agreement may be terminated by either party upon written notice in the
event of substantial failure by the other party to perform in accordance with the terms of
this Agreement. The non-performing party shall have thirty (30) calendar days from the
date of the termination notice to cure or submit a plan for cure that is acceptable to the
other party.
3)2)This Agreement may be terminated immediately by the mutual written agreement
of both Parties; however, the Agreement cannot be terminated during an even numbered
year.
4)3)Upon termination of this Agreement, the County will coordinate with the City on
the return of all City-owned election equipment stored in County facilities.
SECTION EIGHT – GENERAL PROVISIONS
A. Designated representatives.
1) The City shall designate the City Clerk as the principal contact person for the County.
2)The County shall designate Taxpayer Services & Elections Division Manager
as the principal contact person for the City.
2)3)The County shall designate the Election Coordinator as the secondary contact for
the County.
If either party requires assistance on election day with its election-related duties under this
Agreement, the designated contact person shall be responsible for determining what resources are
available and how such resources will be utilized to render assistance.
B. Notices. Any notices required under this Agreement shall be communicated to the following
addresses:
If to City: City of Forest Lake
1408 Lake Street South
Forest Lake, MN 55025
Attention: City Administrator
Commented [CP28]: It would be difficult for both parties to
change who is administering an election mid election year.
11
Or emailed: patrick.casey@ci.forest-lake.mn.us
If to County: Washington County Government Center
14949 62nd Street North
Stillwater, MN 55082
Attention:
Or emailed:
C. Assignment. This Agreement is not assignable without the mutual written agreement of the
Parties.
D. Waiver. A waiver by either City or County of any breach of this Agreement shall be in writing.
Such a waiver shall not affect the waiving party’s rights with respect to any other or further
breach.
E. Governing Law. This Agreement shall be construed in accordance with the laws of the State of
Minnesota and any action must be venued in Washington County District Court.
F. Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not
affect the remaining terms of this Agreement, which shall continue in full force and effect.
G. Data Practices Compliance. All data created, collected, received, maintained, or disseminated for
any purpose pursuant to this Agreement shall be subject to the Minnesota Government Data
Practices Act, Minnesota Statutes, Chapter 13, and any other applicable state or federal
regulations on data privacy.
H.Entire Agreement. This Agreement constitutes the entire agreement between the Parties and
supersedes all prior communications, understandings and agreements relating to the subject matter
hereof, whether oral or written.
SECTION NINE – ENTIRE AGREEMENT
It is understood and agreed upon that the entire agreement of the Parties is contained herein, and that
this Agreement terminates, replaces, and supersedes any and all prior Joint Powers Agreements for
election services between the Parties.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
12
IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement the day and year
first above written.
CITY OF FOREST LAKE
By______________________________
Mara Bain, Mayor
By______________________________
Patrick Casey, City Clerk
13
WASHINGTON COUNTY
By_________________________
County Board Chair
By_________________________
County Administrator
Recommended By:
___________________________
Director, Property Records and Taxpayer Services
Approved as to form by:
___________________________
Washington County Attorney
EXHIBIT A
14
The following fees have been established by the 2023 Washington County Fee Schedule, Policy #1032,
in relation to certain election-related costs:
Municipality Election Equipment Maintenance Fees
Vote Tabulating Machine Maintenance – Annual per machine $309.00
Assistive Voting Device Maintenance – Annual per machine $299.00
Electionware Software Maintenance – Annual per machine $247.00
Poll Pad (electronic roster) device maintenance per machine $165.00
Election Services Agreement Fees – JPAs
State Primary and General Elections – Both Elections
Staff Costs; Equip Storage/Delivery; and Supplies first precinct $6,334.00
additional precincts $4,134.00
Election judges, legal publications, and additional polling place equipment will be billed
according to the election services agreement (actual costs)
Special Elections of Municipality or School – Per Election
Staff Costs; Equip Delivery; and Supplies first precinct $2,575.00
Additional precincts $1,475.00
Absentee Voting Postage/Supply Costs per mailed $3.00
Per in person $0.50
Equipment Lease Fee – Vote Tabulator;
AVD; Electronic Rosters per unit $60.00
Ballots, election judges, temporary staff,
and legal publications per election Actual Costs
Registered Voter Certificate – MS 373.41, CR 92-012 $5.00
1
City Council Action Request
7.F.
Meeting Date 10/4/2023
Department Community Development
Agenda Category Action Item
Title Approval of Rental Licenses
Staff Recommendation Approve the issuance of rental licenses to the properties listed in
the attached table.
Budget Implication N/A
Attachments 1. Rental License Approval CC Memo
2. Rental License Approvals Table
TO: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
FROM: Samantha Drewry, Code Enforcement Officer
DATE: September 26, 2023
RE: Rental License Approvals
Background/Discussion
Rental licenses are required for nonowner-occupied residential properties (City Code Title
9-13, Property Maintenance, and Title 9 -14, Rental Licensing) and are issued on a
biennial basis. The licensing process includes submittal of the rental license application,
payment of $180, and public criminal history report. Rental inspections are conducted on
all rental properties as part of the licensing process. Once all information has been sub -
mitted and the inspection satisfactorily completed, the Council must approve the license
prior to it being issued.
The properties listed in the attached table have completed the licensing process and are
ready to have their licenses issued following Council approval.
Recommendation
Approve the issuance of rental licenses to the properties in the attached table.
2023 RENTAL LICENSES
CITY COUNCIL APPROVAL - OCTOBER 4, 2023
RENTAL LICENSE
NUMBER
PROPERTY
STREET #PROPERTY STREET NAME PROPERTY OWNER
RENT-001559 9389 JAREAU AVENUE SOUTH HPA II Borrower 2019-1 LLC
RENT-001886 6303 JENSEN AVE S HANSON, MICHAEL & LEIGH
RENT-001891 6927 99TH STREET COURT SOUTH RACEK, KIMBERLY
1
City Council Action Request
7.G.
Meeting Date 10/4/2023
Department Public Safety
Agenda Category Action Item
Title Authorization to Apply for Firehouse Subs Public Safety Foundation
Grant
Staff Recommendation Authorize the Fire Department to apply to the Firehouse Subs
Public Safety Foundation for a grant up to $35,000.00.
Budget Implication N/A
Attachments None
1
TO: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
FROM: Pete Koerner
DATE: October 4, 2023
RE: Authorization to Apply for Firehouse Subs Public Safety Foundation Grant
Discussion
The Cottage Grove Fire Departments provide fire suppression, emergency medical services
(EMS), hazardous materials response, holistic community risk reduction services and rescue
services to our community. Within the category of rescue services, water rescue is one of the
responsibilities of our fire department to respond to those with an emergency in or near a body
of water. Within our community, we have a significant amount of shoreline of the Mississippi
and its backwaters along numerous ponds and water retention areas. This need is growing
more and more evident as Cottage Grove establishes itself to be a recreational destination
and an exciting vision is growing access to the Mississippi River. We have seen evidence of
this in use of the river in the booming kayak rentals occurring at Mooers Park. To further
accelerate the fire department’s needs to prepare for water emergencies, the city has
identified more prominent and sustainable river access as a priority. This, in tandem with plans
for a Mississippi Dunes Park, requires our fire department to be prepared for those that may
require help or rescue while enjoying Cottage Grove’s wonderful water features.
Investment in Equipment
To establish near-shore/shore-based rescue capabilities, the fire department will require
investment in equipment to support this mission.
The current recommendation includes an oar/paddle-driven rescue craft which is a “rapid
deployment craft” (RDC) which is inflated with air bottles such as the air bottles firefighters
wear for firefighting. The RDC allows for responders to reach those in need within the water
and it supports extrication from the water. A benefit to this RDC is that since it is a “rubber-like”
material, it can also be used for ice rescue and in the snow. The approximate cost for the RDC
is $6,000.
The other costs is equipment to equip “rescue swimmers” to reach in-need victims. The
equipment includes water rescue necessities that cover both warm and cold-water responses.
The equipment will allow rescue swimmers to safely reach those that are underwater up to ten
feet. Equipment includes wet-suits, snorkels, fins, rescue rope and other vital equipment. This
equipment will support four rescuers, which allows for two in-water response and two “back-
up”/shore support responses which best practice and necessary safety procedures. The cost
2
of this equipment is $16,000, of which significant costs come from specialized life vests and
all-weather water rescue suits (approximately $7500). A crew of firefighters will require training
to support this program. Fortunately, two local fire departments have certified rescue swimmer
instructors that can train and certify our responders. Due to this local option, the fire
department will be able to support the cost of training in already planned training budgets.
Potential Funding Source
Firehouse Subs is a national chain of restaurants, and they fund and support the Firehouse
Subs Public Safety Foundation with a mission to support local first responders. Firehouse
Subs was founded by firefighters and have dedicated themselves to give back to communities
throughout the United States. Their mission to support first responders is to “help them save
lives by providing lifesaving equipment and needed resources to first responders and public
safety organizations, we help them to be better prepared to save lives in the communities they
serve.”
Firehouses Subs Public Safety Foundation donates millions of dollars each year to support
emergency responders. Firehouse Subs Public Safety Foundation accepts grant applications
quarterly to fund projects. Their typical grant award is $15,000 to $35,000. They only allow up
to 600 grant applications per quarter.
The water rescue needs for the fire department are a good match for the mission of the
Firehouse Subs Public Safety Foundation. The fire department is requesting authorization to
apply for a Firehouse Subs Public Safety Foundation grant for up to $35,000 to support water
rescue equipment and training. This is a non-matching grant and 100% award.
Recommendation
Authorize the Fire Department to apply to the Firehouse Subs Public Safety Foundation for a
grant up to $35,000.00.
Attachments
None
1
City Council Action Request
7.H.
Meeting Date 10/4/2023
Department Public Safety
Agenda Category Action Item
Title Appointment of Brad Petersen to Deputy Director of Public Safety-
Police Captain
Staff Recommendation Approve the appointment of Brad Petersen to the position of Deputy
Director of Public Safety – Police Captain, effective Monday,
January 1, 2024.
Budget Implication Budgeted Position
Attachments None
1
TO: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
FROM: Pete Koerner
DATE: October 4, 2023
RE: Appointment of Brad Petersen to Deputy Director of Public Safety- Police
Captain
Discussion
Deputy Director of Public Safety – Police Captain Randy McAlister announced his upcoming
retirement for March of 2024. This created a vacancy and allowed us time to do a selection
process and transition. By selecting the candidate now, this allows us to select other positions
(Sergeant and Patrol Officer) to have the 2024 patrol schedule set for January. A promotional
process was started for the Deputy Director of Public Safety – Police Captain position. Four
qualified Sergeants applied for the Police Captain position.
Applicants for the job were required to present their qualifications, experience, leadership,
recruitment and retention ideas, community engagement and budget experience to an
interview panel consisting of City Administrator Levitt, Human Resource Manager Fischbach,
Director Koerner, Deputy Director Rinzel and Hastings’ Police Chief. The top three candidates
were selected to a full battery of tests administered by Martin-McAllister Consulting
Psychologist’s office. The testing measured the candidates’ intelligence, leadership,
management style, social skills, basic personality traits and communications skills. The
candidates also participated in an in-basket exercise.
The results of the panel interview and assessment testing revealed three outstanding
candidates and Sergeant Brad Petersen was selected.
Brad will serve a one-year probationary period in accordance with the City’s Personnel Policy.
His first day as Police Captain will be Monday, January 1, 2024, which corresponds with a new
pay period. He will be placed in the city’s non-represented pay plan level X01, step 5. Brad will
be paid for any compensation time he has on the books (accrued as Sergeant), and he will
now have exempt status.
Recommendation
Approve the appointment of Brad Petersen to the position of Deputy Director of Public Safety
– Police Captain, effective Monday, January 1, 2024.
2
Attachments
None
1
City Council Action Request
7.I.
Meeting Date 10/4/2023
Department Public Works
Agenda Category Action Item
Title Shoppes CPF Grant Approval
Staff Recommendation Approve the Community Project Funding Grant Agreeement B-22-
CP-MN-0496 with the Department of Housing and Urban
Development for the Shoppes at Cottage View Project.
Budget Implication N/A
Attachments 1. Shoppes CPF Grant Approval_2023-10-4
2. Grant Agreement B-22-CP-MN-0496
To:Honorable Mayor and City Council
Jennifer Levitt, City Administrator
From:Ryan Burfeind, PE, Public Works Director
Date:September 25, 2023
Re:Shoppes at Cottage View - Community Project Funding Grant Agreement Approval
Background
In 2021, the City of Cottage Grove applied for a federal Community Project Funding (CPF)
grant to assist with the cost of construction of city infrastructure at Shoppes at Cottage View.
This infrastructure would largely include Cottage View Drive, a portion of Ravine Parkway,
along with all of the necessary public utilities to serve the development. Below is a figure
showing the city infrastructure to be built.
The total cost to complete all of the city infrastructure is approximately $9,785,000, the city
requested $7,110,080 in funding through the CPF grant process, with $3,000,000 in funding
being awarded. While not the full amount requested, this is a significant amount which will
assist in building the infrastructure in phases based on development of the project.
Honorable Mayor, City Council, and Jennifer Levitt
Shoppes at Cottage View – CPF Grant Agreement Approval
September 25, 2023
Page 2
Discussion
Since award of the grant, city Staff have been working through the extensive process to get a
grant agreement in place. This grant funding ultimately came through a Department of Housing
and Urban Development (HUD) grant process. This past spring, the City’s final project
narrative and project budget were approved, and all other required federal forms were
completed and submitted as well. The City has received a draft grant agreement for the city’s
approval. The City Attorney has reviewed and provided comments on this agreement, those
comments will be incorporated into the final signed agreement. Once this grant agreement is in
place, the City will be able to reimburse engineering costs for final design and the required
federal environmental review. The City will have until August 31, 2030 to expend all grant
dollars.
Recommendation
It is recommended the City Council approve the Community Project Funding Grant Agreement
B-22-CP-MN-0496 with the Department of Housing and Urban Development for the Shoppes at
Cottage View Project.
GRANT AGREEMENT NO. B-22-CP-MN-0496
FY 2022 COMMUNITY PROJECT FUNDING
This Grant Agreement between the Department of Housing and Urban Development (HUD) and
City of Cottage Grove (the Grantee) is made pursuant to the authority of the Consolidated
Appropriations Act, 2022 (Public Law 117-103); and the Explanatory Statement for Division L of that
Act, which was printed in the House section of the Congressional Record on March 9, 2022
(Explanatory Statement); and superseding provisions of the Consolidated Appropriations Act, 2023
(Public Law 117-328).
In reliance upon and in consideration of the mutual representations and obligations under this
Grant Agreement, HUD and the Grantee agree as follows:
Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount
of $3,000,000 available to the Grantee.
ARTICLE II. Total Grant Amount
12800 Ravine Parkway Cottage Grove, MN 55016
B-22-CP-MN-0496
14.251 Economic Development Initiative,
Community Project Funding, and Miscellaneous Grants
Date of grant obligation
August 31, 2030
Grantee Name:City of Cottage Grove
Grantee Address:
Grantee's Unique Entity Identifier (UEI):
Federal Award Identification Number (FAIN)
Assistance Listing Number and Name
Period of Performance/Budget Period Start Date
Period of Performance/Budget Period End Date
Grantee's Employer Identification Number (EIN)
ARTICLE I. Definitions
The definitions at 2 CFR 200.1 apply to this Grant Agreement, except where this Grant
Agreement specifically states otherwise.
Budget period is defined in 2 CFR 200.1 and begins and ends on the dates spe cified
above for the Period of Performance/Budget Period Start Date and Period of
Performance/Budget Period End Date.
Period of Performance is defined in 2 CFR 200.1 and begins and ends on the dates
specified above for the Period of Performance/Budget Period Start Date and Period of
Performance/Budget Period End Date.
ARTICLE III. Award-Specific Requirements
A. Federal Award Description. The Grantee must use the Federal funds provided
under this Grant Agreement (Grant Funds) to carry out the Grantee’s “Project.” Unless
changed in accordance with Article III, section C of this Grant Agreement, the Grantee’s
Project shall be as described in the Project Narrative that is approved by HUD as of the
date that HUD signs this Grant Agreement. For reference, HUD will attach this approved
Project Narrative as Appendix 1 to the Grant Agreement on the date that HUD signs this
Grant Agreement.
FY 2022 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-22-CP-MN-0496
B. Approved Budget. The Grantee must use the Grant Funds as pro vided by the
Approved Budget. Unless changed in accordance with Article III , section C of this Grant
Agreement, the Approved Budget shall be the line-item budget that is approved by HUD as of
the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved
line-item budget as Appendix 2 to this Grant Agreement on the date that HUD signs this Grant
Agreement.
C. Project and Budget Changes. All changes to the Grantee’s Project or Approved Budget
must be made in accordance with 2 CFR 200.308 and this Grant Agreement. To request HUD’s
approval for a change in the Project or Approved Budget, the Grantee must submit a formal letter
to the Director of HUD’s Office of Economic Development - Congressional Grants Division
through the assigned Grant Officer . The letter must be submitted by email to the assigned Grant
Officer and must provide justification for the change. The email submitting the letter must also
include a revised project narrative or revised line-item budget, as applicable, that includes the
requested change. The Grantee is prohibited from making project or budget changes that would
conflict with the Applicable Appropriations Act Conditions described in Article III, section D of
this Grant Agreement. The assigned Grant Officer for this grant is provided in the Award Letter
for this grant and found on HUD’s website. The HUD Office of Economic Development –
Congressional Grants Division will notify the Grantee in writing, by email, whether HUD
approves or disapproves the change. Before the Grantee expends Grant Funds in accordance
with any change approved by HUD or otherwise allowed by 2 CFR 200.308 , the Grantee must
update its grant information in Disaster Recovery Grant Reporting (DRGR) to reflect that
change.
D. Applicable Appropriations Act Conditions. The conditions that apply to the Grant
Funds as provided by the Consolidated Appropriations Act, 2022 , the Explanatory Statement,
and the Consolidated Appropriations Act, 2023 are hereby incorporated and made part of this
Grant Agreement. In the event of a conflict between those conditions, the conditions provided by
the later Act will govern. The Grant Funds are not subject to the Community Development
Block Grants regulations at 24 CFR part 570 or Title I of the Housing and Community
Development Act of 1974.
E. In accordance with 2 CFR 200.307(b), costs incidental to the generation of program
income may be deducted from gross income to determine program income, pr ovided these costs
have not been charged to the grant. As authorized under 2 CFR 200.307(e)(2), program income
may be treated as an addition to the Federal award, provided that the Grantee uses that income
for allowable costs under this Grant Agreement . In accordance with 2 CFR 200.307(b), costs
incidental to the generation of program income may be deducted from gross income to determine
program income, provided these costs have not been charged to the grant. Any program income
that cannot be expended on allowable costs under this Grant Agreement must be paid to HUD
before closeout of the grant, unless otherwise specified by an applicable Federal statute.
Page 2
FY 2022 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-22-CP-MN-0496
F. The Grantee must use the Grant Funds only for costs (including indirect costs) that
meet the applicable requirements in 2 CFR part 200 (including appendices). The Grantee’s
indirect cost rate information is as provided in Appendix 3 to this Grant Agree ment. Unless
the Grantee is an Institution of Higher Education, the Grantee must immediately notify HUD
upon any change in the Grantee’s indirect cost rate during the Period of Performance, so that
HUD can amend the Grant Agreement to reflect the chang e if necessary. Consistent with 2
CFR part 200, Appendix III (C.7), i f the Grantee is an Institution of Higher Education and
has a negotiated rate in effect on the date this Grant Agreement is signed by HUD , the
Grantee may use only that rate for its indirect costs during the Period of Performance.
G. The Grantee must comply with any specific award conditions that HUD may
attach to this Grant Agreement as provided by 2 CFR 200.208. If applicable, these conditions
will be listed or added as Appendix 5 to this Grant Agreement.
H. The Grantee is respon sible for managing the Project and ensuring the proper use of
the Grant Funds. The Grantee is also responsible for ensuring the completion of the Project,
the grant closeout, and compliance with all applicable f ederal requirements. The Grantee may
subaward all or a portion of its funds to one or more subrecipients, as identified in the Project
Narrative (Appendix 1) or as may be approved by HUD in accordance with 2 CFR 200.308.
All subawards made with funding under this Grant Agreement are subject to the subaward
requirements under 2 CFR art 200, including 2 CFR 200.332, and other requirements
provided by this Grant Agreement. The Grantee is responsible for ensuring each subrecipient
complies with all requirements under this Grant Agreement, including the general federal
requirements in Article IV. A subaward may be made to a for -profit entity only if HUD
expressly approves that subaward , and the for-profit entity is made subject to the same
Federal requirements that apply to all other subrecipients, including the requirements 2 CFR
part 200 provides for a “non -Federal entity” that receives a subaward.
ARTICLE IV. General Federal Requirements
A. If the Grantee is a unit of general loca l government, a State, an Indian Tribe, or an
Alaskan Native Village, the Grantee is the Responsible Entity (as defined in 24 CFR part 58)
and agrees to assume all of the re sponsibilities for environmental review and decision -
making and action, as specified and required in regulations issued by the Secretary pursuant
to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 and
published in 24 CFR art 58.
B. If the Grantee is a housing authority, redevelopment agency, academic institution,
hospital or other non-profit organization, the Grantee shall request the unit of general local
government, Indian Tribe or Alaskan Native Village, within which the Project is located and
which exercises land use responsibility, to act as Responsible Entity and assume all of the
responsibilities for environmental review and decision -making and action as specified in
paragraph A above, and the Grantee shall carry out all of the responsibilities of a grantee
under 24 CFR art 58.
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C. After Grantee’s receipt of the Letter of Invitation for this grant, neither the Grantee nor
any of its contractors, subrecipients and other funding and development partners may undertake,
or commit or expend Grant Funds or local funds for, project activities (other than for planning,
management, development and administration activities), unless a contract requiring those
activities was already executed prior to the Letter of Invitation , until one of the following occurs:
(i) the Responsible Entity has completed the environmental review procedures required by 24
CFR part 58, and HUD has approved the environmental certification and given a release of
funds; (ii) the Responsible Entity has determined and documented in its environmental review
record that the activities are exempt under 24 CFR 58.34 or are categorically excluded and not
subject to compliance with environmental laws under 24 CFR 58.35(b); or (iii) HUD has
performed an environm ental review under 24 CFR part 50 and has notified Grantee in writin g of
environmental approval of the activities.
D. Following completion of the environmental review process, the Grantee (recipient)
shall exercise oversight, monitoring, and enforcement as necessary to assure that decisions and
mitigation measures adopted through the environmental review process are carried out during
project development and implementation.
E. The Grantee must comply with the generally applicable HUD and CPD requirements
in 24 CFR part 5, subpart A, including all applicable fair housing, and civil rights requirements.
If the Grantee is a Tribe or a Tribally Designated Housing Entity (TDHE) as established under
24 CFR 1000.206, the Grantee must comply with the nondiscrimination requirements in 24 CFR
1000.12 in lieu of the nondiscriminatio n requirements in 24 CFR 5.105(a). The Grantee must
report data on the race, color, religion, sex, national origin, age, disability, and family
characteristics of persons an d households who are applicants for, participants in, or beneficiaries
or potential beneficiaries of the Grantee’s Project, consistent with the instructions and forms
provided by HUD in order to carry out its responsibilities under the Fair Housing Act, Ex ecutive
Order 11063, Title VI of the Civil Rights Act of 1964, and Section 562 of the Housing and
Community Development Act of 1987 (e.g. HUD -27061).
F. The Grantee must comply with the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements in 2 CFR part 200, as may be amended from time to time. If
2 CFR part 200 is amended to replace or renumber sections of part 200 that are cited specifically
in this Grant Agreement, the part 200 requirements as renumbered or replaced by the
amendments will govern the obligations of HUD and the Grantee after those amendment bec ome
effective.
G. The Grantee must comply with the Award Term in Ap pendix A to 2 CFR part 25
(“System for Award Management and Universal Identifier Requirements”) and the Award Term
in Appendix A to 2 CFR part 170 (“Reporting Subawards and Executive Co mpensation”), which
are hereby incorporated into and made part of this Grant Agreement.
H. If the Total Grant Amount, as provided in Article II of this Grant Agreement, is
greater than $500,000, the Grantee must comply with the Award Term and Condition for Grantee
Integrity and Performance Matters in Appendix 4 to this Grant Agreement.
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I. Unless the Grantee is exempt from the Byrd Amendment as explained below, the
Grantee must comply with the provisions of Section 319 of Public Law 101 -121, 31 U.S.C.
1352, (the Byrd Amendment) and 24 CFR part 87, which prohibit recipients of Federal con tracts,
grants, or loans from using appropriated funds for lobbying the executive or legislative branches
of the Federal Government in connection with a specific contract, grant, loan, or cooperative
agreement. The Grantee must include in its award docume nts for all sub-awards at all tiers
(including subcontracts, subgrants, and contr acts under grants, loans, and cooperative
agreements), the requirements for the certification required by Appendix A to 24 CFR part 87
and for disclosure using Standard Form - LLL (SF-LLL), “Disclosure of Lobbying Activities.”
In addition, the Grantee must obtain the executed certification required by Appendix A and an
SF-LLL from all covered persons. “Person” is as defined by 24 CFR part 87. Federally
recognized Indian tribes and TDHEs established by Federally recognized Indian tribes as a result
of the exercise of the tribe’s sovereign power are excluded from coverage of the Byrd
Amendment. State-recognized Indian tribes and TDHEs established only under state law must
comply with this requirement.
J. The Grantee must comply with drug -free workplace requirements in Subpart B of 2
CFR part 2429, which adopts the governmentwide implementation (2 CFR part 182) of sections
5152-5158 of the Drug-Free Workplace Act of 1988, Pub. L . 100-690, Title V, Subtitle D (41
U.S.C. 701-707).
K. The Grantee must co mply with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (URA) as implemented by regulations at 49 CFR part 24. The
URA applies to acquisitions of real property and relocation occurring as a direct result of the
acquisition, rehabilitation, or demolition of real property for Federal or Federally funded
programs or projects. Real property acquisition that receives Federal financial assistance fo r a
program or project, as defined in 49 CFR 24.2, must comply with the acqui sition requirements
contained in 49 CFR part 24, subpart B. Unless otherwise specified in law, the relocation
requirements of the URA and its implementing regulations at 49 CFR pa rt 24, cover any
displaced person who moves from real property or moves perso nal property from real property as
a direct result of acquisition, rehabilitation, or demolition for a program or project receiving
HUD financial assistance
L. If Grant Funds are used for purchase, lease, support services, operation, or work that
may disturb painted surfaces, of pre -1978 housing, you must comply with the lead -based paint
evaluation and hazard reduction requirements of HUD's lead - based paint rules (Lead Di sclosure;
and Lead Safe Housing (24 CFR part 35)), and EPA's lead - based paint rules (e.g., Repair,
Renovation and Painting; Pre-Renovation Education; and Lead Training and Certification (40
CFR part 745)).
M. The Grantee must comply with Section 3 of t he Housing and Urban Development
Act of 1968 (Section 3), 12 U.S.C. 1701u , and HUD’s regulations at 24 CFR part 75, as
applicable, including the reporting requirements in 24 CFR 75.25. Grants made to Tribes and
TDHEs are subject to Indian Preference requir ements in Section 7(b) of the Indian Self -
Determination and Education Assistance Act (25 U.S.C. 5307(b)). As stated in 24 CFR 75.3(c),
grants to Tribes and TDHEs are subject to Indian Preference requirements in lieu of Section 3.
Grantees that are not exempt from Section 3 must submit annual reports of Section 3
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accomplishment Performance Measures in DRGR in January of the calendar year. This report
reflects Section 3 accomplishments for the previous calendar year .
N. The Grantee must not use any Gra nt Funds to support any Federal, state, or local
project that seeks to use the power of eminent domain, unless eminent domain is employed only
for a public use. Public use includes use of funds for mass transit, railroad, airport, seaport, or
highway projects, and utility projects which benefit or serve the general p ublic (including
energy-related, communication-related, water-related, and waste water -related infrastructure),
other structures designated for use by the general public or with other common -carrier or public-
utility functions that serve the general public and are subject to regulation and oversight by the
government, and projects for the removal of an immediate threat to public health and safety or
brownfields, as defined in the Small Business L iability Relief and Brownfields Revitalization
Act (Pub. L. 107-118). Public use does not include economic development that primarily benefits
private entities.
O. The Grantee must not use any Grant Funds to maintain or establish a computer
network that does not block the viewing, downloading, and exchanging of por nography. This
requirement does not limit the use of funds necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal investigations, pro secution, or
adjudication activities.
P. The Grantee must administer its Grant Funds in accordance with the Conflict of
Interest requirements set forth in Appendix 6 of this Grant Agreement.
Q. The Grantee must comply with the governmentwide debarment and suspension
requirements in 2 CFR part 180 as incorporated and supplemented by HUD’s regulations at 2
CFR part 2424.
R. The Grantee must comply with the award term and condition regarding trafficking in
persons in Appendix 7 of this Grant Agreement.
S. The assurances and certifications the Grantee has made a nd submitted to HUD are
incorporated by this reference and made part of this Grant Agreement.
ARTICLE V. Drawdown Requirements
A. The Grantee may not draw down Grant Funds until HUD has received and approved
any certifications and disclosures required b y 24 CFR 87.100 concerning lobbying , if applicable.
B. The Grantee must use HUD’s Disaster Recovery Grant Reporting (DRGR) system to
draw down Grant Funds and report to HUD on activ ities.
C. The Grantee must enter activity and budget information in DRGR that is consistent
with the Project and Approved Budget as described in Article III, sections A and B of this Grant
Agreement and complies with HUD’s instructions for entering information in DRGR found in
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the document titled “Grant Award Instructions” that accompanies the Grant Agreement .
The Grantee must only enter activities in DRGR that are described in the Approved
Budget.
D. The Grantee must expend all Grant Funds in accordance with the activity and
budget information in DRGR.
E. Each drawdown of Grant Funds constitutes a representation by the Grantee
that the funds will be used in accordance with this Grant Agreement.
F. The Grantee must use DRGR to track the use of program income and must
report the receipt and use of program income in the reports the Grantee submits to HUD
under Article VI of this Grant Agreement. The Grantee must expend program income
before drawing down Grant Funds through DRGR.
G. Notwithstanding any other provision of this grant agreement, HUD will not be
responsible for payment of any Grant Funds after the date Treasury closes the account in
accordance with 31 U.S.C. § 1552. Because Treasury may close the account up to one
week before the September 30 date specified by 31 U.S.C. § 1552, the grantee is advised
to make its final request for payment under the grant no later than September 15, 2030.
ARTICLE VI. Program-Specific Reporting Requirements
In addition to the general reporting requirements that apply under other provisions
of this Agreement, the following program -specific reporting requirements apply to the
Grantee:
A. The Grantee must submit a performance report in DRGR on a semi-annual
basis and must include a completed Federal financial report as an attachment to each
performance report in DRGR. Performance reports shall consist of a narrative of work
accomplished during the reporting period. During the Period of Performance, the Grantee
must submit these reports in DRGR no later than 30 calendar days after the end of the 6-
month reporting period. The first of these reporting periods begins on the first of January
or June (whichever occurs first) after the date this Grant Agreement is signed by HUD.
B. The performance report must contain the information required for reporting
program performance under 2 CFR 200.329(c)(2) and (d), including a comparison of
actual accomplishments to the objectives of the Project as described in Article III, section
A of this Grant Agreement ; the reasons why established goals were not met, if
appropriate; and additional pertinent information including, when appropriate, analysis
and explanation of cost overruns or high unit costs.
C. Financial reports must be submitted using DRGR or such future collections
HUD may require and as approved by OMB and list ed on the Grants.gov website
(https://www.grants.gov/web/grants/forms/post -award-reporting-forms.html).
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D. The performance and fina ncial reports will undergo review and approval by
HUD. If a report submission is insufficient, HUD will reject the report in DRGR and
identify the corrections the Grantee must make.
E. No drawdown of funds will be allowed through DRGR while the Grantee has
an overdue performance or financial report.
F. The Grantee must report and account for all property acquired or improved
with Grant Funds as provided by 2 CFR part 200 using the applicable common forms
approved by OMB and provided on the Grants.gov website
(https://www.grants.gov/web/grants/forms/post -award-reporting-forms.html). This
reporting obligation includes submitting status reports on real property at least annually
as provided by 2 CFR 200.330, accounting for real and personal property acquired or
improved with Grant Funds as part of Project Closeout, and promptly submitting requests
for disposition instructions as provided by 2 CFR 200.311(c), 200.313(e), and
200.314(a).
ARTICLE VII. Project Closeout
A. The grant will be closed out in accordance with 2 CFR part 200, as may be
amended from time to time, except as otherwise specified in this Grant Agreement.
B. The Grantee must submit to HUD a written request to closeout the grant no
later than 30 calendar days after the Grantee has drawn down all Grant Funds and
completed the Project as described in Article III, section A of this Grant Agreement .
HUD will then send the Closeout Agreement and Closeout Certification to the Grantee.
C. At HUD's option, the Grantee may delay initiation of project closeout until the
resolution of any findings as a result of the review of semi -annual activity reports in
DRGR. If HUD exercises this option, the Grantee must promptly resolve the findings.
D. The Grantee recognizes that the closeout process may entail a review by HUD
to determine compliance with the Grant Agreement by the Grantee and all participating
parties. The Grantee agrees to cooperate with any HUD review, including reasonable
requests for on-site inspection of property acquired or improved with Grant Funds .E. No later than 120 calendar days after the Period of Performance, Grantee shall provide to HUD the following documentation:
1. A Certification of Project Completion.
2. A Grant Closeout Agreement.
3. A final financial report giving the amount and types of project costs
charged to the grant (that meet the allowability and allocability
requirements of 2 CFR part 200, subpart E); a certification of
the costs; and the amounts and sources of other project funds.
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4. A final performance report providing a comparison of actual
accomplishments with the objectives of the Project as described in Article III,
section A of this Grant Agreement , the reasons for slippage
if established objectives were not met and additional pertinent
information including explanation of significant cost overruns.
5. A final property report, if specifically requested by HUD at the time of closeout.
ARTICLE VIII. Default
A default under this Gran t Agreement shall consist of any use of Grant Funds for a
purpose other than as authorized by this Grant Agreement, any noncompliance with statutory,
regulatory, or other requirements applicable to the Grant Funds, any other material breach of this
Grant Agreement, or any material misrepresentation in the Grantee’s submissions to HUD in
anticipation of this award . If the Grantee fails to comply with the terms and conditions of the
Grant Agreement, HUD may adjust specific conditions of this Grant Agreement as described in 2
CFR part 200, as may be amended from time to time. If HUD determines that noncompliance
cannot be remedied by imposing additional conditions, HUD may take one or more of the
remedies for noncompliance described in 2 CFR part 20 0, as may be amended from time to time.
HUD may also terminate all or a part of this award as provided by 2 CFR 200.340 and other
applicable provisions of 2 CFR part 200, as may be amended from time to time. Nothing in this
Grant Agreement shall be construed as creating or justifying any claim against the Federal
government or the Grantee by any third party.
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ARTICLE IX. HUD Contact Information
Except where this Grant Agreement specifically states otherwise, all requests, submissions,
and reports the Grantee is required to make to HUD under this Grant Agreement must be made
in writing via email to CPFGrants@hud.gov.
This agreement is hereby executed on behalf of the Grantee and HUD as follows:
GRANTEE
______________________________________________________
(Name of Organization)
BY: _________________________________________________
(Signature of Authorized Official)
_________________________________________________
(Typed Name and Title of Authorized Official)
_________________________________________________
(Date)
HUD
BY: _________________________________________________
Robin J. Keegan,
Deputy Assistant Secretary for Economic Develo pment
_________________________________________________
(Date)
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APPENDIX 1 – Project Narrative
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APPENDIX 2 – Approved Budget
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APPENDIX 3 – Grantee’s Indirect Cost Rate Information
Subject to the applicable requirements in 2 CFR part 200 (including its appendices),
the Grantee will use an indirect cost rate as represented by the Grantee below :
? The Grantee will not use an indirect cost rate to charge its indirect costs to the
grant.
? The Grantee will use the indirect cost rate(s) identified in the table below to
charge its indirect costs to the grant .
Agency/Dept./Major Function Indirect cost rate Direct Cost Base
_________________________ _____________% ______________
_________________________ _____________% ______________
[PLEASE NOTE: The grantee must check one of the two boxes above . If the second box is
checked, the corresponding table must be filled out as described below.
The table must include each indirect cost rate that will be used to calculate the Grantee’s
indirect costs under the grant. The table must also specify the type of direct cost base to
which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do
not include indirect cost rate information for subrecipients.
For government entities, enter each agency or department that will carry out ac tivities
under the grant, the indirect cost rate applicable to each department/agency (including if the
de minimis rate is used per 2 CFR 200.414), and the type of direct cost base to which the
rate will be applied.
For nonprofit organizations that use the Simplified Allocation Method for indirect costs or
elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with
2 CFR 200.414, enter the applicable indirect cost rate and type of direct cost base in the
first row of the table.
For nonprofit organizations that use the Multiple Allocation Base Method, enter each major
function of the organization for which a rate was developed and will be used under the
grant, the indirect cost rate applicable to that major function, and the type of direct cost
base to which the rate will be applied.]
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APPENDIX 4 –
Award Term and Condition for Grantee Integrity and Performance Matters
Reporting of Matters Related to Grantee Integrity and Performance
1. General Reporting Requirement
If the total value of the Grantee’s currently active grants, cooperative agreements, and
procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of
time during the period of performance of this Federal award, then during that period of time the
Grantee must maintain the currency of information reported to the System for Award
Management (SAM) that is made available in the designated integrity and performance system
(currently the Federal Awardee Performa nce and Integrity Information System (FAPIIS)) about
civil, criminal, or administrative proceedings described in paragraph 2 of this award term and
condition. This is a statutory requirement under section 872 of Public Law 110 -417, as amended
(41 U.S.C. 2313). As required by section 3010 of Public Law 111 -212, all information posted in
the designated integrity and performance system on or after April 15, 2011, except past
performance reviews required for Federal procurement contracts, will be publicly avail able.
2. Proceedings About Which Grantee Must Report
During any period of time when the Grantee is subject to the requirement in paragraph 1 of this
award term and condition, the Grantee must submit the information required about each
proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or
procurement contract from the Federal Government;
b. Reached its final disposition during the most recent five -year period; and
c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this
award term and condition;
(2) A civil proceeding that resulted in a finding of fault and liability and payment of a
monetary fine, penalty, reimbursement, restitution, or dama ges of $5,000 or more;
(3) An administrative proceeding, as defined in paragraph 5. of this award term and
condition, that resulted in a finding of fault and liability and the Grantee’s payment of
either a monetary fine or penalty of $5,000 or more or rei mbursement, restitution, or
damages in excess of $100,000; or
(4) Any other criminal, civil, or administrative proceeding if:
(i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of
this award term and condition;
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(ii) It had a different disposition arrived at by consent or compromise with an
acknowledgment of fault on the Grantee’s part; and
(iii) The requirement in this award term and condition to disclose information
about the proceeding does not conflict with a pplicable laws and regulations.
3. Reporting Procedures
During any period of time when the Grantee is subject to the requirement in paragraph 1 of this
award term and condition, the Grantee must enter in the SAM Entity Management area the
information that SAM requires about each proceeding described in paragraph 2 of this award
term and condition. The Grantee does not need to submit the information a second time under
assistance awards that the Grantee received if the Grantee already provided the informati on
through SAM because the Grantee was required to do so under Federal procurement contracts
that the Grantee was awarded.
4. Reporting Frequency
During any period of time when the Grantee is subject to the requirement in paragraph 1 of this
award term and condition, the Grantee must report proceedings information through SAM for the
most recent five-year period, either to report new information about any proceeding(s) that the
Grantee has not reported previously or affirm that there is no new information to report. If the
Grantee has Federal contract, grant, and cooperative agreement awards with a cumulative total
value greater than $10,000,000, the Grantee must disclose semiannually any information about
the criminal, civil, and administrative proceedings.
5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non -judicial process that is adjudicatory in nature in order
to make a determination of fault or liability (e.g., Securities and Exchange Commission
Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed
Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and
State level but only in connection with performance of a Federal contract or grant. It does not
include audits, site visits, corrective plans, or inspection of deliverables.
b. Conviction, for purposes of this award term and condition, means a judgment or convic tion of
a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a
plea, and includes a conviction entered upon a plea of nolo contendere.
c. Total value of currently active grants, cooperative agreements, and procureme nt contracts
includes—
(1) Only the Federal share of the funding under any Federal award with a cost share or
match requirement; and
(2) The value of all expected funding increments under a Federal award and options, even
if not yet exercised.
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APPENDIX 5 – Specific Award Conditions
NONE.
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APPENDIX 6 – Conflict of Interest Requirements
1. Conflicts Subject to Procurement Regulations. When procuring property or services, the
grantee and its subrecipients shall comply with the applicable conflict-of-interest rules in 2 CFR
200.317 and 2 CFR 200.318(c). In all cases not governed by 2 CFR 200.317 and 2 CFR
200.318(c), the Grantee and its subrecipients must follow the requirem ents contained in
paragraphs 2-5 below.
2. General prohibition. No person who is an employee, agent, consultant, officer, or elected or
appointed official of the Grantee or subrecipient and who exercises or has exercised any
functions or responsibilities with respect to assisted activities, or who is in a position to
participate in a decision making process or gain inside information with regard to such activities,
may obtain a financial interest or benefit from the activity, or have a financial interest i n any
contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for
himself or herself or for those with whom he or she has immediate family or business ties, during
his or her tenure or for one year thereafter. Immediate family ties include (whether by blood,
marriage or adoption) the spouse, parent (including a stepparent), child (including a stepchild),
sibling (including a stepsibling), grandparent, grandchild, and in -laws of a covered person.
3. Exceptions. HUD may grant an exception to the general prohibition in paragraph (ii) upon the
Grantee’s written request and satisfaction of the threshold requirements in paragraph (iv), if
HUD determines the exception will further the Federal purpose of the award and the effective
and efficient administration of the Grantee’s project, taking into account the cumulative effects
of the factors in paragraph (v).
4. Threshold requirements for exceptions . HUD will consider an exception only after the Grantee
has provided the following documentation:
a. A disclosure of the nature of the conflict, accompanied by an assurance that there has
been public disclosure of the conflict and a description of how th at disclosure was made;
and
b. An opinion of the Grantee's attorney that the interest for which the exception is sought
would not violate state or local law.
5. Factors to be considered for exceptions. In determining whether to grant a requested exception
after the Grantee has satisfactorily met the threshold requirements in paragraph (iii), HUD will
consider the cumulative effect of the following factors, where applicable:
a. Whether the exception would provide a significant cost benefit or an essential degree
of expertise to the p rogram or project that would otherwise not be available;
b. Whether an opportunity was provided for open competitive bidding or negotiation;
c. Whether the person affected is a member of a group or class of low - or moderate-
income persons intended to be the beneficiaries of the assisted activity, and the exception
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FY 2022 COMMUNITY PROJECT FUNDING
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will permit such person to receive generally the same interests or benefits as are being made
available or provided to the group or class;
d. Whether the affected person has withdrawn from hi s or her functions or responsibilities,
or the decision-making process regarding the assisted activity in question;
e. Whether the interest or benefit was present before the affected person was in a position as
described in paragraph (ii);
f. Whether undue hardship will result either to the Grantee or the person affected when
weighed against the public interest served b y avoiding the prohibited conflict; and
g. Any other relevant considerations.
6. Disclosure of potential conflicts of interest. The Grantee must disclose in writing to HUD any
potential conflict of interest.
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APPENDIX 7 – Award Term and Condition Regarding Trafficking in Persons
The following award term and condition, which is required by 2 CFR part 175, applies as
written:
a. Provisions applicable to a grantee that is a private entity.
1.You as the grantee, your employees, subrecipients under this award, and
subrecipients' employees may not —
i. Engage in severe forms of trafficking in persons during the period of
time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is
in effect; or
iii. Use forced labor in the performance of the award or subawards under
the award.
2.We as the Federal awarding agency may unilat erally terminate this award,
without penalty, if you or a subrecipient that is a private entity:
i. Is determined to have violated a prohibition in paragraph a.1 of this
award term; or
ii. Has an employee who is determined by the agency official authorized
to terminate the award to have violated a prohibition in paragraph a.1 of
this award term through conduct that is either —
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB
Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as
implemented by HUD at 2 CFR 2424.
b. Provision applicable to a grantee other than a private entity.
We as the Federal awarding agency may unilaterally terminate this award, without
penalty, if a subrecipient that is a private entity —
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this
award term; or
2. Has an employee who is determined by the agency official authorized to
terminate the award to have violated an applicable prohibition in paragraph a.1 of
this award term through conduct that is either:
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FY 2022 COMMUNITY PROJECT FUNDING
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i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing
the conduct of an individual to an organization that are provided in 2 CFR part
180, “OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement),” as implemented by HUD at 2 CFR 2424.
c. Provisions applicable to any grantee.
1. You must inform us immediately of any information you receive from any source
alleging a violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this
section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000
(TVPA), as amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us
under this award.
3. You must include the requirements of paragraph a.1 of this award term in any
subaward you make to a private entity.
d. Definitions. For purposes of this award term:
1.“Employee” means either:
i. An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award; or
ii. Another person engaged in the performance of the project or program under
this award and not compensated by you including, but not limited to, a volunteer
or individual whose services are contributed by a third party as an in -kind
contribution toward cost sharing or matching requirements.
2. “Forced labor” means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision, or obtaining of a person for labor or
services, through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
Page 20
FY 2022 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-22-CP-MN-0496
3. “Private entity”:
i. Means any entity other than a State, local government, Indian tribe, or
foreign public entity, as those terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of
higher education, hospital, o r tribal organization other than one
included in the definition of Indian tribe at 2 CFR 175.25(b).
B. A for-profit organization.
4. “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion”
have the meanings given at section 103 of the TVPA, as amended (22 U.S.C.
7102).
Page 21
1
City Council Action Request
7.J.
Meeting Date 10/4/2023
Department Public Works
Agenda Category Action Item
Title MN Highway Freight Grant
Staff Recommendation Adopt Resolution 2023-129 supporting the City's Minnesota
Highway Freight Program application for the County Road
19A/100th Street Realignment Project.
Budget Implication n/a
Attachments 1. Minnesota Highway Freight Grant Memo 2023-9-26
2. SW Arterial MNHFP - Resolution
To:Honorable Mayor and City Council
Jennifer Levitt, City Administrator
From:Ryan Burfeind, Public Works Director
Date:September 26, 2023
Re:County Road 19A/100th Street Realignment – Minnesota Highway Freight Program
Application
Background
In 2019, Washington County began a planning study related to a future arterial roadway to be
developed in the southwestern area of the County, within the City of Cottage Grove. The pri-
mary driver of this study was to address the lack of arterial roadways in this area of the County.
The County worked with several partners on this project including Cottage Grove, St. Paul Park,
Grey Cloud Island Township, and the South Washington Watershed District. In April of 2021, the
final study was approved by the City Council.
Since that time, this southern area of Cottage Grove has seen a rapid acceleration of both in-
dustrial and residential development. Due to this, the City and County are working to implement
the first phase of the Southwest Arterial Study. This will involve the realignment of County Road
19A and 100th Street to provide a direct connection from Highway 61 into the Business Park.
This project would also include the construction of a bridge over the CPKC Railroad, which is
critical to allow for unhindered access for logistics and distribution businesses.
Discussion
While preliminary design work is nearly complete by the County, final design, right-of-way
acquisition, and construction costs are not fully funded at this point. The City and County are
working to obtain funding through multiple sources including State and Federal grants, and
State Bonding. To date, $7 million has been secured through the federal PROTECT program.
There are currently two pending grant applications at the federal level, a $25 million Rural
Surface Transportation Grant and a $3 million Community Project Funding grant.
Staff are currently working on an application to the Minnesota Highway Freight Program. This
program has $64.8 million of funding available to improve freight safety and mobility in
Minnesota. The City is proposing to apply for $5 million in funding, which would need to be
spent by 2028. This timeframe works well with our CIP, which shows construction in 2026 and
2027. A resolution has been drafted to support this City’s funding application.
Recommendation
It is recommended that the City Council adopt resolution 2023-129 supporting the City’s
Minnesota Highway Freight Program application for the County Road 19A/100th Street
Realignment Project.
CITY OF COTTAGE GROVE, MINNESOTA
CITY COUNCIL
RESOLUTION 2023-129
A RESOLUTION AUTHORIZING THE CITY TO APPLY FOR GRANT FUNDING FROM
THE MINNESOTA HIGHWAY FREIGHT PROGRAM FOR THE SOUTHWEST
ARTERIAL ROADWAY PROJECT
WHEREAS, the Minnesota Department recently announced the availability of
$64.8 million through the Minnesota Highway Freight Program to fund infrastructure
projects that improve safety, mobility, and meet the needs of the state’s freight
transportation system; and
WHEREAS, there has been unprecedented development in the Cottage Grove’s
Industrial Park in recent years, including expansions by NorthPoint, Renewal by
Anderson, Capp Industries, and North Star Sheets which together have brought
thousands of new jobs to Cottage Grove; and
WHEREAS, with such rapid growth, it has been a challenge for the City to replace
aging infrastructure, address increasing traffic congestion, and improve safety all while
encouraging and welcoming a robust period of diverse population growth and job growth;
and
WHEREAS, the project area is a major source of truck freight, containing four of
the Washington County’s sources of major truck traffic; and
WHEREAS, a 2019 study conducted by Washington County (the “Study”)
documented a lack of roadways specifically serving an area of growing industrial and
residential development near Jamaica Avenue and Trunk Highway 61, a pivotal
intersection for the community and region; and
WHEREAS, the Study recommended the solution to the increased congestion and
safety concerns is the construction of a new arterial roadway that would also require the
realignment of the existing 100th Street and County Road 19A, and
WHEREAS, the Southwest Arterial Project will serve as the main transportation
route to Trunk Highway 61 from this growing area of the community, will greatly reduce
congestion, increase capacity, and relieve stress at the Jamaica Avenue and Trunk
Highway 61 interchange; and
WHEREAS, the City is committed to financing the 20% required match and any
additional unforeseen projects costs to deliver the project as proposed and on a schedule
that meets Minnesota Highway Freight Program requirements; and
NOW THEREFORE BE IT RESOLVED, the City Council of the City of Cottage
Grove, County of Washington, State of Minnesota, that the City is hereby authorized to
execute the necessary documents to apply for a $5 million grant from the Minnesota
Highway Freight Program for the Southwest Arterial Project; and
BE IT FURTHER RESOLVED, that if awarded the City is committed to securing
the required local contribution and meeting all major project milestones as required by the
FY 2026-2028 Minnesota Highway Freight Program.
Passed this the 4th day of October 2023.
Myron Bailey, Mayor
Attest:
Tamara Anderson, City Clerk
1
City Council Action Request
7.K.
Meeting Date 10/4/2023
Department Parks and Recreation
Agenda Category Action Item
Title State of Minnesota's 50 Acre Acquisition of Property
Staff Recommendation Authorize Resolution 2023-119 supporting the acquisition of a 50-
acre portion of the Gustafson property by the Minnesota
Department of Natural Resources and inclusion in the Grey Cloud
Dunes Scientific and Natural Area.
Budget Implication n/a
Attachments 1. 1-Memo - Suppporting Resolution for Land Acquisition
2. 2-Memo - Grey Cloud Dunes to City
3. 3-Resolution Supporting Land Acquisition
To:Honorable Mayor and City Council
Jennifer Levitt, City Administrator
From:
CC:
Zac Dockter, Parks and Recreation Director
Date:September 14, 2023
Subject:Resolution Supporting State of Minnesota’s 50-Acre Acquisition of Property for
Expansion of the Grey Cloud Dunes Scientific and Natural Area
Introduction/Background
The City has received notice of the State of Minnesota’s intent to purchase 50 acres from the Dunes,
LLC for the intent of inclusion into the Grey Cloud Dunes Scientific and Natural Area (SNA). The map
below shows the proposed land for purchase (red) and adjacent City-owned Mississippi Dunes Reserve
(yellow). The current Grey Cloud SNA land is adjacent to the easterly border of the proposed purchase.
Staff Recommendation
Authorize resolution supporting the acquisition of a 50-acre portion of the Gustafson property by the
Minnesota Department of Natural Resources and inclusion in the Grey Cloud Dunes Scientific and
Natural Area.
Memo
Date: September 15, 2023
To: Zac Dockter, City of Cottage Grove
From: Bill Bleckwenn, Acquisition Coordinator, DNR Scientific and Natural Area Program
RE: City Council approval of DNR acquisition as an addition to Grey Cloud
Dunes Scientific and Natural Area
Per the City’s request, I am submitting this memorandum regarding the DNR’s proposed addition to Grey Cloud
Island SNA. I’m including a summary of information included in a presentation about the project that we have
prepared.
The site contains several important native plant communities:
Present in proposed additions:
•Dry Barrens Prairie (Southern) (UPs13a)
Present in adjacent SNA:
•Pin Oak Bur Oak Woodland (FDs37b)
Within these plant communities, rare species of interest include broomrape, Henslow’s sparrow, and three-awn
grass.
Public uses that will be allowed in the addition are: nature observation, education, research, photography. The
following activities may occur incidental to nature observation: hiking, cross-country skiing, and snow shoeing
Strategic Land Asset Management:
The DNR's Division of Lands and Minerals partners with the agency's land-managing divisions to complete
important land transactions, including acquisitions, sales, and exchanges. The DNR uses the department's
Strategic Land Asset Management (SLAM) Program in consultation with local government officials and
conservation partners to:
• Prioritize, hold and manage lands that meet public recreation or conservation needs
• Exchange lands with partners to consolidate and reduce the number of isolated parcels
• Sell when they no longer meet conservation or recreation purposes and reinvest the income in
acquiring better lands
• Purchase new lands from willing sellers that meet state land-management goals
At least 4 of 6 SLAM goals addressed (meets minimum)
•Close proximity to urban area
•Protects significant natural resources
•Possibly protects water resources
•Promotes landscape resiliency and carbon sequestration
•Improves access
PILT (Payment in Lieu of Taxes)
•State provides annual payments to County/taxing authority for State-owned lands.
•Typically based on appraisal, or comparable valuation
•Compensation is typically near real estate tax revenue
PILT payment for this acquisition would be based on .0075 x appraised valuation.
Annual payment: $12,600.00
Requested action of the City Council:
Resolution of approval for acquisition of the addition to Grey Cloud Dunes SNA
Next steps:
•Washington County Board: Resolution of support for acquisition of the two additions to Grey Cloud
Dunes SNA
•Election to Purchase
•Title review and other due diligence
•Closing
RESOLUTION NO. 2023-119
RESOLUTION SUPPORTING ACQUISITION OF A 50-ACRE PORTION OF
THE GUSTAFSON PROPERTY BY THE MINNESOTA DNR AND INCLUSION
IN THE GREY CLOUD DUNES SCIENTIFIC AND NATURAL AREA.
WHEREAS, the Minnesota Department of Natural Resources
(Minnesota DNR) has established the Scientific and Natural Areas
(SNA) Program to preserve Minnesota's natural heritage for scientific
study and public understanding; and
WHEREAS, the Minnesota DNR has established the Grey Cloud
Dunes SNA encompassing over 237 acres in the vicinity of 103rd Street to
preserve the natural heritage of the area; and
WHEREAS, Dunes, LLC owns a 38-acre property (PIN
3002721140002) and a 12-acre property (PIN 3002721440003) adjacent to
the Grey Cloud Dunes SNA; and
WHEREAS, the Minnesota DNR seeks to acquire the Dunes property
for inclusion in the Grey Cloud Dunes SNA.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of
Cottage Grove, County of Washington, State of Minnesota, supports the
Minnesota DNR’s acquisition of the Dunes LLC, Property for inclusion into the
Grey Cloud Dunes SNA.
Passed this 4th day of October 2023.
__________________________
Myron Bailey, Mayor
Attest:
___________________________
Tamara Anderson, City Clerk
1
City Council Action Request
7.L.
Meeting Date 10/4/2023
Department Public Works
Agenda Category Action Item
Title Hamlet Park Phase 3 Project - Final Payment
Staff Recommendation Adopt Resolution 2023-127, approving the final payment for the
Hamlet Park Phase 3 Project to Miller Excavating Inc. in the amount
of $81,769.11.
Budget Implication $81,769.11 - Park Improvements Fund
Attachments 1. Hamlet Park Phase 3 Final Payment Letter
2. Hamlet Park Phase 3 Final Payment Resolution
1 BOLTON&MENK
Real People.Real Solutions.
September 15,2023
Amanda Meyer,PE
City Engineer
City of Cottage Grove
12800 Ravine Parkway South
Cottage Grove,MN 55016
RE:Contractor's Pay Request No.6 and Final
Hamlet Park 3rd
3507 High Point Dr.N
Bldg.1 Suite E130
Oakdale,MN 55128
Ph:[651)704-9970
Fax:[651)704-9971
Bolton-Menk.com
Dear Mrs.Meyer:
Attached is the signed copy of the Contractors Pay Request No.6 and Final for Hamlet Park 3rd.Also
included are the IC 134 forms and Lien Waivers as submitted by the Contractor.The Contractor for this
project is Miller Excavating.
REVIEW OF PROJECT HISTORY
The contractor began this project in June of 2021 and the project was substantially completed in
October of 2021.The contractor returned in the spring of 2022 and fall of 2023 to complete the
remaining punch list work and restoration.
CONSTRUCTION COST OVERVIEW
As indicated on the final request for payment,the original contract amount was $710,464.80.The final
construction cost as shown is $692,394.24,which is $18,070.56 less than the contract amount.
RECOMMENDATION
Miller Excavating in accordance with the contract plans and specifications has satisfactorily completed
the work.Therefore,it is recommended that final payment of $81,769.11 be made and the City of
Cottage Grove accept the project.After acceptance,please distribute all requests for payments as
appropriate.
If you have any questions or require further information,please contact me.
Sincerely,
Bolton &Menk,Inc.
Jamie Helling
Construction Project Representative
[Date:9/15/2023
CONTRACTOR'S PAY REQUEST Pay Request No.6 and Final
Hamlet Park Improvements Phase 3
City of Cottage Grove,MN For Period Ending:9/5/2023
BMI Project No.ON 1.1230 I 0
Original Contract Amount $710,464.80
Approved Change Orders $0.00
Revised Contract Amount $710,464.80
Completed Work to Date $692,394.24
Stored Materials on Hand $0.00
Sub-Total $692,394.24
Retained Percentage 0%$0.00
Deduction $0.00
Liquidated Damages $0.00
Total $692,394.24
Total Amount Paid on Previous Estimates $610,625.13
Amount Due Contractor This Pay Request $81,769.11
Certificate for Final Payment
I hereby certify that,to the best of my knowledge and belief,all items quantities and prices
of work and material shown on this Estimate are correct and that all work has been
performed in full accordance with the terms and conditions of the Contract for this project
between the Owner and the undersigned Contractor,and as amended by any
authorized changes,and that the foregoing is a true and correct statement of the amount
for the Final Estimate,that the provisions of M.S.290.92 have been complied with and that
all claims against me by reason of the Contract have been paid or satisfactorily secured.
Approved for Payment:8%ut gt llab,4s10)
Miller Excavating,Inc.Signature Date
3741 Stagecoach Trail N.
Stillwater,MN 55003 or $1wi IE PE)r»ENf
Name and Title
Checked and Approved as to ,s 78as
Quantities and Amount:Date
Bolton &Menk,Inc.am.e ll.a9 AK3507HighPointDriveNorthBldg.l Suite E130
Oakdale,MN 55128 Name and Title
Approved for Payment:
City of Cottage Grove
Name Title Date
Pay Estimate No.6 and Final
HAMLET PARK IMPROVEMENTS PHASE 3
CITY OF COTTAGE GROVE,MN
BMI PROJECT NO.0N1.123010
WORK COMPLETED THROUGH,SEPTEMBER,_5 2023
on u tu e n no tent nu on o nu tu on nit ti n u tent iv tee nu on to u ii e t au woo {no au nounana op,8 BlP a no anon wo o PREVIOUS ESTIMATE n ow COMPLETED TO DATE o•m.on en as n no toe no i t in t nor ton it t n t uni u o n nu tent i 0rr I ESTATED ]sTrE ESTIMATED [ESTIMATED .7 gE [earnoneinotinittonoontonuvent_rt@nu nu o ten i tu u n nu •II •Ill If/c,1 fl!!IJI !1111 •l(l ~I t•i h!I ,,u ~Ill!1111 r;1111 11'1 •O:I !1tl (,j i't 'lll •J r-.11111 ull hll 1.iAN1 <~J •..J !Ill !Ill •Ill Ill ''1 lfii <,•lijl f~I Jil!
NO.,nu i non inn nu iu nu u LL Lg_Lgguygg l]Ee ggggyggggoogy PRICE ±a QUANTITY.a4.AM OUN'_,a au.!TITY..AMOUNT a QUANTITY..I AMOUNT,
BASE BID
1 MOBILIZATION $28,600.00 1.00 LS $28,600.00 1.00 LS $28,600.00 1.00 LS $28,600.00
2 TRAFFIC CONTROL $1,729.65 1.00 LS $1,729.65 0.00 LS $0.00 0.00 LS $0.00
3 EROSION CONTROL SUPERVISOR $1,123.35 1.00 LS $1,123.35 0.50 LS $561.68 1.00 LS $1,123.35
4 TEMPORARY ROCK CONSTRUCTION ENTRANCE $54.80 30.00 CY $1,644.00 16.68 CY $914.06 16.68 CY $914.06
5 STORM DRAIN INLET PROTECTION (ERO-10)$113.00 2.00 EA $226.00 0.00 EA $0.00 0.00 EA $0.00
6 STORM DRAIN INLET PROTECTION (ERO-9)$113.00 10.00 EA $1130.00 10.00 EA $1,130.00 10.00 EA $1,130.00
7 SILT FENCE,TYPE MACHINE SLICED $2.00 1700.00 LF $3 400.00 1,469.00 LF $2 938.00 1,469.00 LF $2,938.00
8 WATER FOR DUST CONTROL $34.80 50.00 MGAL $1,740.00 3.00 MGAL $104.40 3.00 MGAL $104.40
9 SKIDSTEER (BOBCAT)WITH OPERATOR $125.90 10.00 HR $1,259.00 17.79 HR $2,239.76 17.79 HR $2,239.76
10 STREET SWEEPER WITH OPERATOR $136.95 10.00 HR $1,369.50 0.00 HR $0.00 0.00 HR $0.00
11 TEMPORARY HYDRAULIC MATRIX $16,167.50 0.06 AC $970.05 0.00 AC $0.00 0.00 AC $0.00
12 SALVAGE FENCE AND RESINSTALL $2.20 25.00 LF $55.00 0.00 LF $0.00 0.00 LF $0.00
13 REMOVE FENCE $2.15 20.00 LF $43.00 20.00 LF $43.00 20.00 LF $43.00
14 REMOVE CONCRETE CURB AND GUTTER $5.25 40.00 LF $210.00 24.90 LF $130.73 24.90 LF $130.73
15 REMOVE CONCRETE SIDEWALK $0.80 50.00 SF $40.00 69.50 SF $55.60 69.50 SF $55.60
16 SAWING BITUMINOUS PAVEMENT (FULL DEPTH)-STREET $1.45 90.00 LF $130.50 97.60 LF $141.52 97.60 LF $141.52
17 SAWING BITUMINOUS PAVEMENT (FULL DEPTH)-TRAIL $1.45 10.00 LF $14.50 24.00 LF $34.80 24.00 LF $34.80
18 REMOVE BITUMINOUS PAVEMENT -STREET $3.55 350.00 SY $1,242.50 250.60 SY $889.63 250.60 SY $889.63
19 UNDERGROUND WIRE 1 C/1 AWG $4.00 1260.00 LF $5,040.00 0.00 LF $0.00 0.00 LF $0.00
20 UNDERGROUND WIRE 1 C/4 AWG $2.40 810.00 LF $1,944.00 870.00 LF $2 088.00 870.00 LF $2,088.00
21 UNDERGROUND WIRE 1 C/6 AWG $1.95 2360.00 LF $4,602.00 3 018.00 LF $5,885.10 3.018.00 LF $5 885.10
22 UNDERGROUND WIRE 1 C/10 AWG $1.10 400.00 LF $440.00 426.00 LF $468.60 426.00 LF $468.60
23 UNDERGROUND WIRE 1 NO 4 GROUND $2.40 420.00 LF $1,008.00 0.00 LF $0.00 0.00 LF $0.00
24 UNDERGROUND WIRE 1 NO 6 GROUND $1.95 1140.00 LF $2,223.00 1.296.00 LF $2,527.20 1,296.00 LF $2,527.20
25 UNDERGROUND WIRE 1 NO 10 GROUND $1.10 130.00 LF $143.00 142.00 LF $156.20 142.00 LF $156.20
26 3/4"NON-METALLIC CONDUIT $1.85 130.00 LF $240.50 115.00 LF $212.75 115.00 LF $212.75
27 1.5"NON-METALLIC CONDUIT $3.25 1570.00 LF $5,102.50 1545.00 LF $5 021.25 1,545.00 LF $5 021.25
28 2"NON-METALLIC CONDUIT $4.00 420.00 LF $1,680.00 65.00 LF $260.00 65.00 LF $260.00
29 CONNECT TO EXISTING FEED POINT (BUILDING)$540.50 1.00 EA $540.50 0.00 EA $0.00 0.00 EA $0.00
30 SERVICE CABINET $5 621.30 1.00 EA $5 621.30 1.00 EA $5621.30 1.00 EA $5,621.30
31 EQUIPMENT PAD $972.90 1.00 EA $972.90 1.00 EA $972.90 1.00 EA $972.90
32 HANDHOLES $1 081.00 3.00 EA $3,243.00 3.00 EA $3,243.00 3.00 EA $3,243.00
33 HANDHOLES-SPECIAL $1,621.55 2.00 EA $3243.10 0.00 EA $0.00 0.00 EA $0.00
34 HOLOPHANE SINGLE MGLEMD LUMINARE POLE $648.60 7.00 EA $4 540.20 7.00 EA $4,540.20 7.00 EA $4 540.20
35 HOLOPHANE DOUBLE MGLED LUMINARE POLE $972.90 2.00 EA $1,945.80 2.00 EA $1 945.80 2.00 EA $1,945.80
36 LIGHT BASE TYPE E (LGT-4)$1,059.40 4.00 EA $4,237.60 4.00 EA $4,237.60 4.00 EA $4,237.60
37 LIGHT BASE TYPE Z (A)$1,059.40 2.00 EA $2,118.80 2.00 EA $2,118.80 2.00 EA $2,118.80
38 LIGHT BASE TYPE X (B)$1,135.05 3.00 EA $3 405.15 3.00 EA $3405.15 3.00 EA $3 405.15
39 ADJUST MANHOLE CASTING $266.45 4.00 EA $1 065.80 4.00 EA $1,065.80 4.00 EA $1,065.80
40 ADJUST CATCH BASIN CASTING $266.45 10.00 EA $2 664.50 10.00 EA $2 664.50 10.00 EA $2 664.50
41 CLEARING AND GRUBBING $1,383.70 1.00 LS $1,383.70 1.00 LS $1,383.70 1.00 LS $1,383.70
42 AGGREGATE BACKFILL -STREET $12.50 1350.00 TN $16,875.00 0.00 TN $0.00 0.00 TN $0.00
43 AGGREGATE BACKFILL -TRAIL $12.50 120.00 TN $1,500.00 0.00 TN $0.00 0.00 TN $0.00
44 STRIP EXISTING GRAVEL BASE $0.30 7350.00 SY $2 205.00 7 350.00 SY $2 205.00 7,350.00 SY $2 205.00
45 SALVAGE AND RESPREAD EXISTING GRAVEL BASE -3"-6"(LV)$5.25 860.00 CY $4,515.00 860.00 CY $4 515.00 860.00 CY $4,515.00
46 SALVAGE AND RESPREAD STOCKPILED AGGREGATE BASE -STREET (LV $5.25 1715.00 CY $9,003.75 1715.00 CY $9,003.75 1,715.00 CY $9 003.75
47 SALVAGE AND RESPREAD STOCKPILED AGGREGATE BASE -TRAIL OR WALK_(LV)$7.20 195.00 CY $1 404.00 195.00 CY $1.404.00 195.00 CY $1 404.00
48 SALVAGE AND STOCKPILE EXCESS AGGREGATE BASE $5.25 50.00 CY $262.50 50.00 CY $262.50 50.00 CY $262.50
49 COMMON EMBANKMENT (CV)$22.55 7.00 CY $157.85 0.00 CY $0.00 0.00 CY $0.00
50 EXCAVATION -COMMON (EV)(P)-STREET $5.05 468.00 CY $2 363.40 468.00 CY $2 363.40 468.00 CY $2,363.40
Pay Estimate No.6 and Final
HAMLET PARK IMPROVEMENTS PHASE 3
CITY OF COTTAGE GROVE,MN
BMI PROJECT NO.0N1.123010
WORK COMPLETED THROUGH ,SEPTEMBER,5 2023
nu nu n i en ho n i n u nu en to n tr te n ii t rte u ti nu ton i nu nu nu u u nu nu ii au au noun oBlp a aao noon a woo PREVIOUS ESTIMATE a ow ow COMPLETEDTO DATE o.mt.nee nu ton nu no u nun nu nu nu t nun nou en no en u no nu ton i nm nu non nu no i :7om.:ESTATED"[E s7 Aro esrAreo [ESTATED ""E STA TE D TESTiATED
i ti tu nu t u nu o n no no to.t u nu u n nu nu noneu to_tun tu e n s nu o n au nu n u n nun no ii nu u n no u ti hi ff ii nti inou oft to nt n n ,if.ii di iiinn sou hi nu it •u oljun i
•NO.aw a nu nan nano nunon»nu nan au _nu nu_Lg,J[Ehl _g_Lugg_Lugg.yg.yo.ygg..g_,PRICE QUANTITY ««.AMOUNT•a.QUANTITY.«AMOUNT .•QUANTITY.a a 4 .AMOUNT,
51 EXCAVATION -COMMON (EV (P)-TRAIL OR WALK $7.90 1802.00 CY $14.,235.80 1,802.00 CY $14.235.80 1,802.00 CY $14,235.80
52 EXCAVATION -SUBGRADE (EV)-STREET $7.30 600.00 CY $4,380.00 0.00 CY $0.00 0.00 CY $0.00
53 EXCAVATION -SUBGRADE (EV)-TRAIL OR WALK $21.35 45.00 CY $960.75 0.00 CY $0.00 0.00 CY $0.00
54 SUBGRADE PREPARATION -STREET $0.30 6700.00 SY $2,010.00 6,700.00 SY $2,010.00 6,700.00 SY $2,010.00
55 SUBGRADE PREPARATION -TRAIL OR WALK $1.65 780.00 SY $1,287.00 780.00 SY $1,287.00 780.00 SY $1,287.00
56 AGGREGATE BASE,VIRGIN CLASS 5-STREET $16.10 400.00 TN $6,440.00 0.00 TN $0.00 0.00 TN $0.00
57 AGGREGATE BASE VIRGIN CLASS 5-TRAIL $17.00 100.00 TN $1,700.00 0.00 TN $0.00 0.00 TN $0.00
58 FINISH GRADE -STREET $0.65 6040.00 SY $3,926.00 6,040.00 SY $3,926.00 6,040.00 SY $3,926.00
59 FINISH GRADE -TRAIL OR WALK $1.30 590.00 SY $767.00 590.00 SY $767.00 590.00 SY $767.00
60 BITUMINOUS INCENTIVE $1,600.00 1.00 LS $1,600.00 0.00 LS $0.00 0.00 LS $0.00
61 BITUMINOUS MATERIAL FOR TACK $2.15 460.00 GAL $989.00 336.00 GAL $722.40 336.00 GAL $722.40
62 TYPE SP 9.5 WEARING COURSE MIXTURE (2 C)TRAIL $101.60 100.00 TN $10,160.00 100.00 TN $10,160.00 100.00 TN $10,160.00
63 TYPE SP 9.5 WEARING COURSE MIXTURE (SPWEA330F)-SPECIAL $86.50 580.00 TN $50,170.00 522.51 TN $45,197.12 522.51 TN $45,197.12
64 TYPE SP 9.5 WEARING COURSE MIXTURE (SPWEA330F)$75.65 750.00 TN $56,737.50 600.54 TN $45,430.85 600.54 TN $45,430.85
65 TYPE SP 9.5 WEARING COURSE MIXTURE (3.B)$113.50 60.00 TN $6,810.00 72.59 TN $8,238.97 72.59 TN $8,238.97
66 CONCRETE CURB AND GUTTER DESIGN B618 $16.95 2960.00 LF $50.172.00 2,790.00 LF $47,290.50 2 790.00 LF $47,290.50
67 12"SOLID LINE WHITE -CROSSWALK PAINT $0.80 400.00 LF $320.00 208.00 LF $166.40 208.00 LF $166.40
68 4"SOLID LINE WHITE -PAINT $0.65 4700.00 LF $3,055.00 3,830.00 LF $2,489.50 3,830.00 LF $2,489.50
69 PAVEMENT SYMBOL $81.10 5.00 EA $405.50 8.00 EA $648.80 8.00 EA $648.80
70 MONUMENT CONCRETE FOUNDATION $21.60 30.00 SF $648.00 30.00 SF $648.00 30.00 SF $648.00
71 IRRIGATION SYSTEM $18,555.60 1.00 LS $18,555.60 0.50 LS $9,277.80 1.00 LS $18,555.60
72 LOAM TOPSOIL BORROW (LV)$40.30 70.00 CY $2,821.00 347 05 CY $13,986.12 694.10 CY $27.972.23
73 SEED FERTILIZER AND HYDRAULIC MULCH MATRIX $5.90 320.00 SY $1,888.00 3,605.00 SY $21,269.50 7,210.00 SY $42,539.00
74 APPLICATION OF WATER FOR TURF ESTABLISHMENT $34.80 50.00 MGAL $1740.00 0.00 MGAL $0.00 0.00 MGAL $0.00
75 CONIFEROUS TREE 6'HT B&B $390.05 3.00 TREE $1170.15 2.70 TREE $1,053.14 3.00 TREE $1,170.15
76 DECIDUOUS TREE 2.5"CAL B&B $551.65 32.00 TREE $17,652.80 31.68 TREE $17.476.27 32.00 TREE $17,652.80
77 6"CONCRETE SIDEWALK $58.75 135.00 SY $7,931.25 135.30 SY $7,948.88 135.30 SY $7,948.88
78 6"CONCRETE PEDESTRIAN CURB RAMP $10.25 950.00 SF $9,737.50 930.00 SF $9,532.50 930.00 SF $9,532.50
79 TRUNCATED DOME PANELS $54.05 90.00 SF $4,864.50 160.00 SF $8,648.00 160.00 SF $8,648.00
80 CONCRETE VALLEY GUTTER $81.10 110.00 SY $8,921.00 93.41 SY $7,575.55 93.41 SY $7,575.55
81 2'X3'CB,INCL R-3067-V/NB CSTG AND HDPE ADJ RINGS (ST0-7)$592.55 13.00 LF $7,703.15 11.36 LF $6,731.37 11.36 LF $6,731.37
82 4'DIA.STORM SEWER MH,INCL R-1642 CSTG AND HOPE ADJ RINGS $495.30 19.00 LF $9,410.70 18.74 LF $9,281.92 18.74 LF $9,281.92
83 4'DIA.STORM SEWER CBMH,INCL R-3067-V CSTG AND HOPE ADJ RINGS $633.90 20.00 LF $12,678.00 18.49 LF $11,720.81 18.49 LF $11720.81
84 5'DIA STORM SEWER MH,INCL R-1642 CSTG AND HOPE ADJ RINGS $585.95 8.00 LF $4,687.60 6.43 LF $3,767.66 6.43 LF $3,767.66
85 5'DIA.STORM SEWER CBMH,INCL R-3067-V CSTG AND HOPE ADJ RINGS $654.80 24.00 LF $15,715.20 22.84 LF $14,955.63 22.84 LF $14,955.63
86 4'DIA.STORM SEWER CBMH,INCL R-4342 CSTG,HDPE ADJ RINGS,AND CONCRETE FRAME $762.75 8.00 LF $6,102.00 7.89 LF $6,018.10 7.89 LF $6,018.10
87 STORM SEWER PIPE,12"RCP,CLASS 5 $38.20 221.00 LF $8,442.20 200.00 LF $7,640.00 200.00 LF $7,640.00
88 STORM SEWER PIPE,15 RCP,CLASS 5 $42.00 155.00 LF $6,510.00 186.00 LF $7,812.00 186.00 LF $7,812.00
89 STORM SEWER PIPE,18"RCP,CLASS 5 $44.80 303.00 LF $13,574.40 303.00 LF $13,574.40 303.00 LF $13,574.40
90 STORM SEWER PIPE,24"RCP,CLASS 2 $59.60 103.00 LF $6,138.80 103.00 LF $6,138.80 103.00 LF $6,138.80
91 STORM SEWER PIPE,27"RCP,CLASS 2 $73.45 284.00 LF $20,859.80 284.00 LF $20,859.80 284.00 LF $20,859.80
92 STORM SEWER PIPE,30"RCP,CLASS 2 $81.30 31.00 LF $2,520.30 25.00 LF $2,032.50 25.00 LF $2,032.50
93 30 RCP FES APRON INCL TRASH GUARD $2,828.40 1.00 EA $2,828.40 1.00 EA $2,828.40 1.00 EA $2,828.40
94 RANDOM RIPRAP CLASS Ill $149.50 25.00 CY $3,737.50 28.54 CY $4,266.73 28.54 CY $4,266.73
95 TELEVISE STORM SEWER $3.85 1097.00 LF $4,223.45 0.00 LF $0.00 1,101.90 LF $4,242.32
96 PERMENANT BARRICADES $486.45 4.00 EA $1,945.80 4.00 EA $1,945.80 4.00 EA $1,945.80
97 SIGN PANELS TYPE C $38.90 85.50 SF $3,325.95 64.00 SF $2,489.60 64.00 SF $2,489.60
98 4"PERFORATED PVC DRAIN TILE SDR 26 $21.80 160.00 LF $3,488.00 40.00 LF $872.00 40.00 LF $872.00
99 CONNECT EXISTING DRAINTILE TO NEW STRUCTURE $364.60 1.00 EA $364.60 0.00 EA $0.00 0.00 EA $0.00
100 CONNECT DRAIN TILE TO EXISTING STRUCTURE $1,507.95 6.00 EA $9,047.70 0.00 EA $0.00 0.00 EA $0.00
TOTAL BASE BID $575,977.80 $508,276.30 $557,907.24
Pay Estimate No.6 and Final
HAMLET PARK IMPROVEMENTS PHASE 3
CITY OF COTTAGE GROVE,MN
BMI PROJECT NO.0N1.123010
WORK COMPLETED THROUGH ,SEPTEMBER,5 2023
u no mu iv toe u non o ta no tent to no ooou nae no to.ens nou u n nu nu t nu o tu u no o nu iipr£won»nounannounononnoun»oouoounnouooaunoono»auouonoon ouonounaononounwoo oun na n o4 "pg
nu hi i hi is to o nae no nu nu on nu nu nu u nu nu no nu out tu a no nu u no n nu nu ones u unto nu o ·oi a_nit n ·tiN).4aaaoinno,o.nan,au a au_a.nano_a.a_a.a_n_LITEl_Luu_u.au_cg.uu.uu.Lau.auguug_PRICE
ALTERNATE 1-PARK SHELTER CONSTRUCTION
'ESTIMATED "ESTIMATED "
I~'Ill ,,1 ,~lll ),ii •ill Ill!f,fJ '111 •IJ r 1111 1-.•~.J "/1/E ••I ,,,•11 ,11 •Ill '
a QUANTITY «4 AMOUNT al«a»++++•
101 PARK SHELTER,INCLUDING CONCRETE FOUNDATION
TOTAL ALTERNATE 1
TOTAL BASE BIO +AlTERNATE 1:
$67.243.50 2.00 EA $134,487.00
$134,487.00
$710,464.80
2.00 EA $134.487.00
$134,487.00
$642,763.30
2.00 EA $134,487.00
$134,487.00
$692,394.24
DEPARTMENT
OF REVENUE
Contractor Affidavit Submitted
Thank you,your Contractor Affidavit has been approved.
Confirmation Summary
Confirmation Number:
Submitted Date and Time:
Legal Name:
Federal Employer ID:
User Who Submitted:
Type of Request Submitted:
0-340-039-264
14-Sep-2023 9:26:19 AM
MILLER EXCAVATING INC
41-0951547
pmillerexc
Contractor Affidavit
Affidavit Summary
Affidavit Number:
Minnesota ID:
Project Owner:
Project Number:
Project Begin Date:
Project End Date:
Project Location:
Project Amount:
Subcontractor Summary
898453504
9363164
CITY OF COTTAGE GROVE
221186
14-Jun-2021
07-Sep-2023
HAMLET PARK PH 3
$692,394.24
of!
Name ID Affidavit Number
GREAT NORTHERN LANDSCAPES 1860071 1192513536
KILLMER ELECTRIC 6718331 833310720
MCNAMRA CONTRACTING 1525665 1129205760
NORTHLAND RECREATION 1497082 1938460672
SIR LINES A LOT 3509324 344363008
STAPF CONCRETE 6036685 1791119360
WARNING LITES OF MINNESOTA 3086922 87461888
Important Messages
A copy of this page must be provided to the contractor or government agency that hired you.
Contact Us
If you need further assistance,contact our Withholding Tax Division at 651-282-9999,(toll-free)800-657-3594,or (email)
withholding.tax@state.mn.us.Business hours are Monday through Friday 8:00 a.m.to 4:30 p.m.Central Time.
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9/14/2023,9:26 AM
m DEPARTMENT
OF REVENUE
Contractor Affidavit Submitted
Thank you,your Contractor Affidavit has been approved.
C o nfi rm atio n S u m m a ry
Confirmation Number:
Submitted Date and Time:
Legal Name:
Federal Employer ID:
User Who Submitted:
Type of Request Submitted:
1-695-375-456
2-Feb-2023 10:00:50 AM
GREAT NORTHERN LANDSCAPES INC
41-1799544
Chester1
Contractor Affidavit
Affidavit Summary
Aff idavit Num ber:
Minnesota ID:
Project Owner:
Project Number:
Project Begin Date:
Project End Date:
Project Location:
Project Amount:
Subcontractors:
1192513536
1860071
CITY OF COTTAGE GROVE
221186 HAMLET PARK PH 3
13-Sep-2021
29-00t-2021
COTTAGE GROVE
$33,931.52
No Subcontractors
Im p o rt a n t M e s s a g e s
A copy of this page must be provided to the contractor or government agency that hired you.
Contact Uslfyouneed further assistance,contact our Withholding Tax Division at 651-282-9999,(toll-free)800-657-3594,or (email)withholding.tax@state.mn.us.
Business hours are 8:00 a.m.-4:30 p.m.Monday -Friday.
Please print_this_page for your records using the print or save functionality built into your browser.
m--·"ii_.DEPARTMENT
OF REVENUE
Contractor Affidavit Submitted
Thank you,your Contractor Affidavit has been approved.
Confirmation Summary
Confirmation Number:
Submitted Date and Time:
Legal N a m e:
Fe de ral Em ployer ID :
U ser W ho Su bm itt ed :
Type of R eque st Su b m itted:
1-353-061-984
13-Sep-2023 9:44.05 AM
KILLMER ELECTRIC CO INC
41-1250710
cresner
Contractor Affidavit
Affidavit Summary
Affidavit Num ber:
M in nesota ID :
Project O w ner:
P ro ject N um be r:
P ro ject Be gin D ate:
P roject En d D a te:
P ro ject Locatio n:
Project A m ount:
S ubcontra ctors:
83331072 0
67 18 3 31
C IT Y O F C O TTA G E G R O V E
22 118 6
14 -Jul-202 1
10 -F eb-2022
C O TTA G E G R O V E ,M N
$4 3 ,6 88 .20
No S ubcontractor s
Im portant Messages
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Contact Us
If you nee d furt he r assistan ce,contact our W ithholding Tax D ivisio n at 65 1-282-9999 ,(toll-fr ee)80 0-657-359 4,or (em ail)
w ithhol d ing .tax@ state .m n.us.Business ho urs are M o nd ay thro ug h Frid ay 8:00 a.m .to 4:30 p.m .C entral Ti m e .
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9/13/23,11:02 AM mndor.state.mn.us/tp/eservices/_/Retrieve/0/DC/UDISii4b_YZ6eqVg3kbWzg_?FILE_=Print2&PARAMS_=718290714681796...m DEPARTMENT
OF REVENUE
Contractor Affidavit Submitted
Tha n k yo u ,yo ur C ontractor A ffi davit has be e n ap proved.
C o nfirm atio n S um m ary
C onfirm atio n Nu m be r:
Sub m itt ed D ate and Tim e :
Lega l Na m e :
Fede ral Em ploye r ID
Use r W ho Subm itted :
Type of Re quest S ubm itted:
Affidavit Summary
Af fi d a v it N u m b e r:
M inne sota ID :
P ro je ct O w ne r:
Pro je ct N um ber:
P ro je ct B egin Date :
Proje ct End D ate
P ro je ct Location:
Pro je ct A m o unt:
S ubcontractors:
1129205760
15 256 6 5
C IT Y O F C O TT A G E G R O V E
210 39
12 -A ug-20 2 1
25-S e p-2 02 1
HA M LE T PA R K PH 3
$10 3 ,0 32 .5 5
No Subco ntractors
1-531-8 11-424
13 -S ep -2023 11.0 2.0 2 A M
M C N A M A R A C O N T R A C T IN G IN C
41-17 09 10 6
bjb alfe
C o ntractor A ffi davit
Im p o rt an t M essage s
A copy of this page m ust be provided to the contractor or govern m e nt age ncy that hired yo u.
C o ntact U s
If you ne ed furt her assistance,contact our W ithho ld ing Tax Divisio n at 65 1-282-99 99 ,(toll-free)80 0-657-35 94 ,or (em ail)
w ithho ld ing .tax@ state.m n .us.Business ho urs are M onday thro ugh Friday 8:0 0 a.m .to 4:30 p.m .Ce ntral Time.
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https://www.mndor.state.mn.us/tp/eservices/_/Retrieve/O/DC/UD[Sii4b_YZ6eqVg3kbWzg_?FILE_=Print2&PA RAMS_=7182907146817961485 1/1
6/20/22,11.04 AM https://www.mndor.state.mn.us/tpleservices/_/Retrieve/0/DC/6JnFW2njDznjGqJkxjbeFQ_?FILE_=Print2&PARAMS_=34 1226..m DEPARTMENT
OF REVENUE
Contractor Affidavit Submitted
Thank yo u,yo ur C o ntractor A ffi davit ha s be en appro ved .
Confirm ation Sum m ary
Co nfirm atio n N u m b e r:
S u b m itted Date and Tim e :
Leg a l Na m e :
Fe de ral Em ploye r ID :
Use r W ho Sub m itt ed :
Type of Re quest S ub m itt ed :
0-368-321-952
20-Jun-20 22 11.04.42 AM
NO R T H LA N D R E CREATION,LLC
27-18 732 92
nort hla nd rec
C o ntractor A ffi davit
Affidavit Summary
Affi davit Num ber:
M inn e sota ID :
P ro je ct O w ne r:
Pro je ct Num ber:
P ro je ct B eg in Date :
P ro je ct E nd Date
Pro je ct Location:
Pro je ct A m o unt:
Sub contractors:
1938460672
14 9 70 82
C IT Y O F C O TT A G E G R O V E
22 118 6 HA M L E T PA R K P H 3
06-M ay-202 1
13 -S e p-202 1
C O TT A G E G R O V E M N 550 16
$96 ,55 1.9 9
No S ub contracto rs
Im portant M essages
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Contact Us
If you need furthe r assistance,contact our W ithho ld ing Tax Divisio n at 65 1-282-999 9,(toll-free )800-657-3594 ,or (em a il)
w ithh o lding.tax@ state.m n .u s.B usiness ho urs are 8 00 a.m .-4.3 0 p.m .M o nd ay -Friday.
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6/21/22,10.51 AM https://www.mndor.state.mn.us/tple services/_/Retrieve/0/DC/3IoDH2m_A1ZF0KKPgCKCPw_?FILE_=Print2&PAR AMS_=3233...m DEPARTMENT
OF REVENUE
Contractor Affidavit Submitted
Thank you,your Contractor Affidavit has been approved.
Confirmation Summary
Confirmation Number:
Submitted Date and Time:
Legal Name:
Federal Employer ID:.
User Who Submitted:
Type of Request Submitted:
2-059-478-432
21-Jun-2022 1050:46 AM
SIR LINES-A-LOT INC
46-5427787
linesalot
Contractor Affidavit
Affidavit Summary
Affidavit Number:
Minnesota ID:
Project Owner:
Project Number.
Project Begin Date
Project End Date:
Project Location:
Project Amount:
Subcontractors:
344363008
3509324
CITY OF COTTAGE GROVE
2211861367
01-0ct-2021
31-00t-2021
HAMLET PARK
$4,404.00
No Subcontractors
Important Messages
A copy of this page must be provided to the contractor or government agency that hired you.
C o ntact U s
If you need further assistance,contact our Withholding Tax Division at 651-282-9999,(toll-free)800-657-3594,or (email)
withholding.tax@state.mn.us.Business hours are 8:00 a.m.-430 p.m.Monday -Friday.
Please print this_page for your records using the print or save functionality built into your browser.
htlps://w w w .m n d or.sta te .rn n .u s/tp/e services/_/R e trieve/0/D c/3Io D H 2 m _A 1 Z F 0fK P g C K cP w_?F l LE _=P rint2 &P A R A M S _=32 33 7 5 0 02 8 0 17 48 27 98 1/1
DEPARTMENT
OF REVENUE
Contractor Affidavit Submitted
Thank you,your Contractor Affidavit has been approved.
Confirmation Summary
Confirmation Number:
Submitted Date and Time:
Legal Name:
Federal Employer ID:
User Who Submitted:
Type of Request Submitted:
2-081-678-944
13-Sep-2023 1 :49:51 PM
STAPF CONCRETE CONSTRUCTION INC
16-1615178
6036685Lisa
Contractor Affidavit
Affidavit Summary
Affidavit Number:
Minnesota ID:
Project Owner:
Project Number:
Project Begin Date:
Project End Date:
Project Location:
Project Amount:
Subcontractors:
1791119360
6036685
CITY OF COTTAGE GROVE
221186
26-Ju1-2021
06-Jun-2022
COTTAGE GROVE
$101,553.33
No Subcontractors
Important Messages
A copy of this page must be provided to the contractor or government agency that hired you.
Contact Us
If you need further assistance,contact our Withholding Tax Division at 651-282-9999,(toll-free)800-
657-3594,or (email)withholding.tax@state.mn.us.Business hours are Monday through Friday 8:00
a.m.to 4:30 p.m.Central Time.
Please print this_page for your records using the print or save functionality built into your browser.
6/20/22,10.46 AM https://www.mndor.state.mn.us/tpleservices/_/Retrieve/O/DC/N256MRqzyy_gRL5al_HFYg?FILE_=Print2&PARAMS_=5648...rm DEPARTMENT
OF REVENUE
Contractor Affidavit Submitted
Thank you,your Contractor Affidavit has been approved.
C on fi rm atio n S u m m ary
Confirmation Number:
Submitted Date and Time:
Legal Name:
Federal Employer ID:
User Who Submitted:
Type of Request Submitted:
0-671-106-464
20-Jun-2022 10:46:25 AM
WARNING LITES OF MINNESOTA INC
36-4762529
jjjewels
Contractor Affidavit
Affidavit Summary
A ff id av it N u m b e r:
Minnesota ID:
Project Owner:
Project Number:
Project Begin Date:
Project End Date:
Project Location:
Project Amount:
Subcontractors:
87 4 6 18 88
3086922
CITY OF COTTAGE GROVE
ON1.123010/MILLER 221186
28-Apr-2021
11-N0v-2021
HAMELET PARK PHASE 3
$4,104.00
No Subcontractors
Im p ort a nt M e s sa g es
A copy of this page must be provided to the contractor or government agency that hired you.
C o nta c t Us
If you need further assistance,contact our Withholding Tax Division at 651-282-9999,(toll-free)800-657-3594,or (email)
withholding.tax@state.mn.us.Business hours are 8:00 a.m.-4:30 p.m.Monday -Friday.
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CONDITIONAL RECEIPT AND WAIVER OF MECHANICS'LIEN RIGHTS
Dated:9/14/23
The undersigned hereby acknowledges upon receipt of payment,the sum of:$81,769.11
Eighty One Thousand Seven Hundred Sixty Nine Dollars and_11/100
FROM:City of Cottage Grove
CHECK ONE OF THE FOLLOWING:
1.)as partial payment for labor,skill,and material furnished.
2.)as payment for all labor,skill,and material furnished or to be furnished
(except the sum of $for retai nage)
3.)as full and final payment for all labor,skill,and material furnished or to
be furnished to the following described real property;
Job No:
Job Name:
SAP/SP:
221 186
Hamlet Park Ph 3
and for value received hereby waives all rights acquired by the undersigned to file or
record mechanic's liens against said real property for labor,skill,or material furnished to
said real property (only for the amount paid if box 1 is checked,and except for retainage
shown if box 2 is checked).The undersigned affirms that all material furnished by the
undersigned has been paid for,and all subcontractors employed by the undersigned have
been paid in full,EXCEPT:
Miller ExcavafiJj,
signed:.'-_cut>,lb.Ell
Title:
Miller Excavating,Inc.
Print:
CONDITIONAL RECEIPT AND WAIVER OF MECHANICS'LIEN RIGHTS
Dated:2/2/23
The undersigned hereby acknowledges upon receipt of payment,the sum of:$9,835.98
Nine Thousand Eight Hundred Thirty-Five Dollars and 98/100
FROM:Miller Excavating Inc
CHECK ONE OF THE FOLLOWING:
1.)as partial payment for labor,skill,and material furnished.
2.).as payment for all labor,skill,and material furnished or to be furnished
(except the sum of$3,717.34 forretainage)
3.)X as full and fmal payment for all labor,skill,and material furnished or to
be furnished to the following described real property;
Job No:
Job Name:
SAP/SP:
221186
Hamlet Park Ph 3
and for value received hereby waives all rights acquired by the undersigned to file or
record mechanic's liens against said real property for labor,skill,or material furnished to
said real property (only for the amount paid if box 1 is checked,and except for retainage
shown if box 2 is checked).The undersigned affirms that all material furnished by the
undersigned has been paid for,and all subcontractors employed by the undersigned have
been paid in full,EXCEPT:
Sign"
Print:
ma.Pt$den±333
Miller Excavating,Inc.
CONDITIONAL RECEIPT AND WAIVER OF MECHANICS'LIEN RIGHTS
Dated:9/12/23
The undersigned hereby acknowledges upon receipt of payment,the sum of:$2,184.41
Two Thousand One Hundred Eighty Four Dollars and 41/100
FROM:Miller Excavating Inc
CHECK ONE OF THE FOLLOWING:
l.)as partial payment for labor,skill,and material furnished.
2.)as payment for all labor,skill,and material furnished or to be furnished
(except the sum of$for retainage)
3.)X as full and final payment for all labor,skill,and material furnished or to
be furnished to the following described real property;
Job No:
Job Name:
SAP/SP:
221186
Hamlet Park Ph 3
and for value received hereby waives all rights acquired by the undersigned to file or
record mechanic's liens against said real property for labor,skill,or material furnished to
said real property (only for the amount paid if box 1 is checked,and except for retainage
shown if box 2 is checked).The undersigned affirms that all material furnished by the
undersigned has been paid for,and all subcontractors employed by the undersigned have
been paid in full,EXCEPT:
;"#eSigne.•
Print.di-+Rs,
Title:CJo
Miller Excavating,Inc.
CONDITIONAL RECEIPT AND WAIVER OF MECHANICS'LIEN RIGHTS
Dated:9/12/23
The undersigned hereby acknowledges upon receipt of payment,the sum of:$5,151.63
Five Thousand One Hundred Fifty One Dollars and 63/100
FROM:Miller Excavating Inc
CHECK ONE OF THE FOLLOWING:
!.),as partial payment for labor,skill,and material furnished.
2.)as payment for all labor,skill,and material furnished or to be furnished
(except the sum of$for retain age)
3.)as full and final paym ent for all labor,skill,and material furnished or to
be furnished to the fo llow ing described real property;
Job N o:
Job Name:
SA P/SP:
221186
Ham let Park Ph 3
and for value received hereby waives all rights acquired by the undersigned to file or
record mechanic's liens against said real property fo r labor,skill,or m aterial furnished to
said real pro perty (only for the am ount paid if box l is checked,and except for retainage
show n if box 2 is checked).The undersigned affirms that all m aterial furn ished by the
undersigned has been paid fo r,and all subcontractors em ployed by the undersigned have
been paid in full,EXCEPT:
McN ania;~;C~tractil'g Inc .-h-,.I I ,d e !J-signed:_._{·d ~'),(Print:Barb Balfe /
Title:AIR-------------
Miller Excavating.Inc.
CONDITIONAL RECEIPT AND yAIyER OF MECHANICS·LIEN RIGHTS
Dated:June 20,2022
The undersigned hereby acknowledges receipt of the sum of:$4,827.60
Four Thousand Eight Hundred Twenty-Seven Dollars and 60/100
FROM:Miller Excavating,Inc.
CHECK ONE OF THE FOLLOWING:
1.)as partial payment for labor,skill,and material furnished.
2.)as payment for all labor,skill,and material furnished or to be furnished
(except the sum of $_for retainage)
3.)X as full and final payment for all labor,skill,and material furnished or to
be furnished to the following described real property;
Job No:
Job Name:
Invoice:
221186
Hamlet Park Ph 3
and for value received hereby waives all rights acquired by the undersigned to file or
record mechanic's liens against said real property for labor,skill,or material furnished to
said real property (only for the amount paid if box 1 is checked,and except for retainage
shown if box 2 is checked).The undersigned affirms that all material furnished by the
undersigned has been paid for,and all subcontractors employed by the undersigned have
been paid in full,EXCEPT:
Northland Recreation
se a eh---
Print:SU Iyo
Tile:Pp2J T yAA)Ac
Please retum to:.
Miller Excavating Inc.
Attn:Mindy Hackett
3741 Stagecoach Trail N
Stillwater,MN 55082
Email preferred:
mindy .hackett@millerexc.com
Miller Excavating,Inc.
CONDITIONAL RECEIPT AND WAIVER OF MECHANICS'LIEN RIGHTS
Dated:June 20,2022
The undersigned hereby acknowledges receipt of the sum of:$220.20
Two Hundred Twenty Dollars and 20/100
FROM:Miller Excavating,Inc.
CHECK ONE OF THE FOLLOWING:
l.)as partial payment for labor,skill,and material furnished.
2.)as payment for all labor,skill,and material furnished or to be furnished
(except the sum of $_for retainage)
3.)as full and final payment for all labor,skill,and material furnished or to
be furnished to the following described real property;
Job No:
Job Name:
Invoice:
221186
Hamlet Park Ph 3
and for value received hereby waives all rights acquired by the undersigned to file or
record mechanic's liens against said real property for labor,skill,or material furnished to
said real property (only for the amount paid if box 1 is checked,and except for retainage
shown if box 2 is checked).The undersigned affirms that all material furnished by the
undersigned has been paid for,and all subcontractors employed by the undersigned have
been paid in full,EXCEPT:
Sir Lines-A-Lot
Signed:~ULT\=
Print:Teresa hnson
Please return to:
Miller Excavating Inc.
Attn:Mindy Hackett
3741 Stagecoach Trail N
Stillwater,MN 55082
Email preferred:
mindy .hackett@millerexc.com
Title:Controller
Miller Excavating,Inc.
CONDITIONAL RECEIPT AND WAIVER OF MECHANICS'LIEN RIGHTS
Dated:9/12/23
The undersigned hereby acknowledges upon receipt of payment,the sum of:$5,077.67
Five Thousand Seventy Seven Dollars and 67/100
FROM:Miller Excavating Inc
CHECK ONE OF THE FOLLOWING:
1.)as partial payment for labor,skill,and material furnished.
2.)as payment for all labor,skill,and material furnished or to be furnished
(except the sum of$for retainage)
3.)as full and final payment for all labor,skill,and material furnished or to
be furnished to the following described real property;
Job No:
Job Name:
SAP/SP:
221186
Hamlet Park Ph 3
and for value received hereby waives all rights acquired by the undersigned to file or
record mechanic's liens against said real property for labor,skill,or material furnished to
said real property (only for the amount paid if box 1 is checked,and except for retainage
shown if box 2 is checked).The undersigned affirms that all material furnished by the
undersigned has been paid for,and all subcontractors employed by the undersigned have
been paid in full,EXCEPT:
Stapf Concrete"
31gnd.Le,=n
Print:
Title:
Miller Excavating,Inc.
CONDITIONAL RECEIPT AND WAIVER OF MECHANICS'LIEN RIGHTS
Dated:June 20,2022
The undersigned hereby acknowledges receipt of the sum of:$205.20
Two Hundred Five Dollars and 20/100
FROM:Miller Excavating,Inc.
CHECK ONE OF THE FOLLOWING:
1.)as partial payment for labor,skill,and material furnished.
2.).as payment for all labor,skill,and material furnished or to be furnished
(except the sum of $_for retainage)
3.)X as full and final payment for all labor,skill,and material furnished or to
be furnished to the following described real property;
Job No:
Job Name:
Invoice:
221186
Hamlet Park Ph 3
and for value received hereby waives all rights acquired by the undersigned to file or
record mechanic's liens against said real property for labor,skill,or material furnished to
said real property (only for the amount paid if box 1 is checked,and except for retainage
shown if box 2 is checked).The undersigned affirms that all material furnished by the
undersigned has been paid for,and all subcontractors employed by the undersigned have
been paid in full,EXCEPT:
THIS WAIVER WILL BE EFFECTIVE
MM/TO THE TOIL DOLLAR AMOUNT
OF PAYMENTS ACTUALLY RECENED.
Please return to:
Miller Excavating Inc.
Attn:Mindy Hackett
3741 Stagecoach Trail N
Stillwater,MN 55082
Email preferred:
mindy.hacket@millerexc.com
Miller Excavating,Inc.
CITY OF COTTAGE GROVE
CITY COUNCIL
RESOLUTION NO. 2023-127
RESOLUTION APPROVING THE FINAL PAYMENT IN THE
AMOUNT OF $81,769.11 TO MILLER EXCAVATING INC.
FOR THE HAMLET PARK PHASE 3 PROJECT
WHEREAS, the City Engineer has certified that work has been satisfactorily
completed; and
WHEREAS, the original total contract amount was $710,464.80; and
WHEREAS, the final construction cost as shown is $692,394.24, which is
$18,070.56 less than the revised contract amount; and
WHEREAS, the project has been satisfactorily completed in accordance with the
contract plans and specifications.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage
Grove, County of Washington, State of Minnesota, that $81,769.11 is paid to Miller
Excavating Inc. for the final payment for the Hamlet Park Phase 3 Project.
Passed this 4th day of October, 2023.
Myron Bailey, Mayor
Attest:
Tamara Anderson, City Clerk
1
City Council Action Request
7.M.
Meeting Date 10/4/2023
Department Public Works
Agenda Category Action Item
Title 2023 Mill & Overlay Project - Final Payment
Staff Recommendation Adopt Resolution 2023-128 approving the final payment for the
2023 Mill and Overlay Project to Bituminous Roadways Inc. in the
amount of $27,322.28.
Budget Implication $27,322.28 - Sealcoating Funds, Utility Funds
Attachments 1. 2023 Mill & Overlay Final Payment CC Memo
2. 2023 Mill & Overlay Final Payment Request
3. 2023 Mill & Overlay Final Payment Resolution
To: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
From: Amanda Meyer, PE, City Engineer
Jared Juth, Graduate Engineer
Date: October 4, 2023
Re: Final Payment for the 2023 Mill and Overlay Project
Background/Discussion
The 2023 Mill and Overlay Project has been completed in the Thompson Grove neighborhood.
This project included the removal and replacement of the top layer of existing asphalt surface
as well as concrete valley gutter replacement and minor utility adjustments. The contractor for
this project was Bituminous Roadways Inc.
The contractor began this project in the beginning of June 2023 and was substantially complete
by the end of June 2023. The contractor returned in late Summer of 2023 to complete the
remaining punch list work. Bituminous Roadways Inc. has satisfactorily co mpleted the work in
accordance with the plans and specifications as well as submitted the necessary IC -134 forms
and Lien Waivers.
The original contract amount was $383,356.60. The final construction cost was $329,580.88,
which is $53,775.72 lower than the original contract amount. This lower cost can be primarily
attributed to less bituminous material being used. A signed copy of the Contractors Pay Request
No. 2 and Final is attached to this memo.
Recommendation
It is recommended that the City Council adopt Resolution 2023-128 approving the final payment
for the 2023 Mill and Overlay Project to Bituminous Roadways Inc. in the amount of $27,322.28.
CITY OF COTTAGE GROVE
CITY COUNCIL
RESOLUTION NO. 2023-128
RESOLUTION APPROVING THE FINAL PAYMENT IN THE
AMOUNT OF $27,322.28 TO BITUMINOUS ROADWAYS INC.
FOR THE 2023 MILL AND OVERLAY PROJECT
WHEREAS, the City Engineer has certified that work has been satisfactorily
completed; and
WHEREAS, the original total contract amount was $383,356.60. The final con-
struction cost was $329,580.88, which is $53,775.72 less than the contract amount. The
reduced construction cost was due to less bituminous material being necessary; and
WHEREAS, the project has been satisfactorily completed in accordance with the
contract plans and specifications.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage
Grove, County of Washington, State of Minnesota, that $27,322.28 is paid to Bituminous
Roadways Inc. for the final payment for the 2023 Mill and Overlay Project.
Passed this 4th day of October, 2023.
Myron Bailey, Mayor
Attest:
Tamara Anderson, City Clerk
1
City Council Action Request
8.A.
Meeting Date 10/4/2023
Department Finance
Agenda Category Action Item
Title Approve Disbursements
Staff Recommendation Approve disbursements from 09-14-2023 to 09-27-2023 in the
amount of $2,037,722.93.
Budget Implication
Attachments None
1
City Council Action Request
11.A.
Meeting Date 10/4/2023
Department Administration
Agenda Category Action Item
Title Declare Vacancy - Councilmember Dennis
Staff Recommendation Adopt Resolution 2023-130 accepting Councilmember Dennis'
resignation and declaring a vacancy. Approve the appointment
process outlined in the memo.
Budget Implication N/A
Attachments 1. City Council Vacancy Instructions
2. 2023 Council Application
3. Resolution 2023-130 Declaring Vacancy
1
TO: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
FROM: Tammy Anderson
DATE: October 4, 2023
RE: Declare Vacancy - Councilmember Dennis
Discussion
With Council Member Steve Dennis' resignation, there will be a vacancy on the City
Council. Since there are more than 2 years left in Council Member Dennis' term, permanently
filling his seat will require a special election. However, the Council is required to appoint
someone to fill the seat until the special election can occur, which is recommended for the
November 5, 2024 ballot.
For the seat to be filled as soon as possible, it is appropriate for the Council to develop a
timeline and appointment procedure. The City Council had vacancies in 2018 and 2021 and in
both of these cases the Council employed the application and appointment process. This
appointment process was fair, impartial and efficient, as noted below.
The proposed application timeline is as follows:
• Formal resignation creating the vacancy: 10-4-2023
• Applications accepted: 10-5-23 through 11-9-23 (4 PM closing on November 9th, 2023)
• All applications will be forwarded to the Mayor and Council after the application period
closes.
• Special Council meeting on 11-15-2023 at 6 PM
o All applicants will be invited to attend and allowed to make a three minute
presentation to the City Council expressing his/her interest and qualifications for
the position.
o After each candidate has been heard, the selection process will begin:
The proposed application process is as follows:
• Round 1 - The Mayor will call for the first paper ballot.
1. Each Council Member will select up to three (3) candidates by paper ballot.
2. The City Clerk will read aloud each Council member's choice, identifying the Council
Member and his/her choices.
2
3. Candidates receiving one or more votes will advance to Round 2.
4. The City Clerk will announce the names of the people advancing to Round 2.
• Round 2 - The Mayor will call for the second paper ballot.
1. Each Council Member will select up to two (2) candidates by paper ballot.
2. The City Clerk will read aloud each Council member's choice, identifying the Council
Member and his/her choices.
3. Candidates receiving two (2) or more votes will advance to Round 3.
4. The City Clerk will announce the names of the people advancing to Round 3.
• Round 3 - The Mayor will call for the third paper ballot
1. Each Council Member will select one (1) candidate by paper ballot.
2. The City Clerk will read aloud each Council member's choice, identifying the Council
Member and his/her choices.
3. Any candidate receiving three (3) or more votes will be considered for appointment.
4. The City Clerk will announce the name of the finalist.
At the December 6, 2023 regular meeting, the Mayor and Council will ratify the selection and
the newly appointed Council Member will be sworn into office and take his/her seat at that
meeting.
Recommendation
Adopt Resolution 2023-130 accepting Councilmember Dennis' resignation and declaring a
vacancy. Approve the appointment process outlined in the memo.
Attachments
1. City Council Vacancy Instructions
2. 2023 Council Application
3. Resolution 2023-130 Declaring Vacancy
Cottage Grove City Council Vacancy
With the resignation of Councilmember Steve Dennis, the City Council declared a vacant seat on the City
Council effective October 4, 2023. State law stipulates that the Mayor and other three Councilmembers
will fill this vacancy by appointment until a special election occurs. The appointee would serve until the
results of the November 5, 2024 special election are canvassed.
The Mayor and Council are requesting applications form any Cottage Grove citizens who would be
interested in filling this vacancy. Completion of an application along with a letter of interest and resume
can be emailed to tanderson@cottagegrovemn.gov or sent to:
Mayor and City Council
Attention: City Clerk
City of Cottage Grove
12800 Ravine Parkway S.
Cottage Grove, MN 55016
All applications will be given 3 minutes to interview before the City Council starting at 6:00 PM on
Wednesday, November 15, 2023.
Applications will be received through Thursday, November 9, 2023, at 4:00 PM. For further information
please call Jennifer Levitt, City Administrator (651-458-2890) or Tammy Anderson, City Clerk (651-458-
2878).
City of Cottage Grove Application for Council Appointment
Thank you for your interest in serving as a member of the Cottage Grove City Council for the next several
months. Your response to the following questions will help us to consider you for appointment to the
position. Please feel free to add additional pages if necessary.
Name ___________________________________________________________________________
Address __________________________________________________________________________
Phone Number _____________________________________________________________________
Email Address _____________________________________________________________________
1. What is you full-time occupation?
2.List previous service on a governing or decision-making body. Include positions and dates. For
example: A Public or Private Board of Directors, Advisory Committee or Commission Member,
Fraternal Organization, etc.
3.What community groups or activities have you been involved with? Please include dates and
capacity.
4.What experience in your background would contribute positively to this position?
5.Is there anything that could routinely interfere with your ability to attend two regular City Council
meetings per month plus special workshops and study sessions? Council regular meetings are
held on the first and third Wednesday of each month at 7:00 PM.
6. Have you ever run for office in the past? If so, when and what office?
7.Explain in detail why you are interested in this position.
8.Explain why the City Council should consider appointing you to the position above other
candidates.
9.What are some of the major issues facing the City today? Highlight issues and your position.
10.What has the City Council done well and not so well over the past 5 years?
11.Please feel free to tell us anything else about yourself, your education. experiences or other
qualifications that you believe would help you to be an effective Council Member for the City.
By signing this application, I swear or affirm that I am qualified under the constitution of the United
States and the State of Minnesota to seek public office. I am an eligible voter. I am or will be 21
years of age or older prior to assuming office. I will a resident of the City for at least 30 days before
taking office.
Signature _____________________________________Date _________________
Please return this form by 4:00 p.m., Thursday, November 9, 2023, to:
City of Cottage Grove
City Clerk's Office
12800 Ravine Parkway S.
Cottage Grove, MN 55016
CITY OF COTTAGE GROVE
WASHING TON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2023-130
RESOLUTION ACCEPTING RESIGNATION OF COUNCILMEMBER STEVE
DENNIS AND DECLARING AV ACANCY
WHEREAS, Councilmember Steve Dennis was duly elected to the Cottage Grove
City Council for a term running through 2026; and
WHEREAS, the Cottage Grove City Council has received the resignation of
Councilmember Steve Dennis effective October 05, 2023.
NOW, THEREFORE, be it resolved by the City Council of the City of Cottage Grove as
follows:
1. The City Council accepts Councilmember Steve Dennis' resignation as described
above.
2. The City Council declares that a vacancy exists on the Council effective October 05,
2023;and
3.Pursuant to Minn. Stat. § 412.02, subd. 2a, the Council shall fill the vacancy by
appointment.
Passed this 4th day of October 2023.
Myron Bailey, Mayor
Attest:
Tamara Anderson, City Clerk