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HomeMy WebLinkAbout2024-10-16 Packet1 COTTAGE GROVE CITY COUNCIL October 16, 2024 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 Terrance Patrick Cahill Award Recognition - Officer Sorgaard and K9 Odin Staff Recommendation: Recognize Officer Matt Sorgaard and his partner, K9 Odin, for their achievements at the USPCA National Field Trials. 7 Consent Agenda A City Council Regular Meeting Minutes (2024-09-04) Staff Recommendation: Approve the September 4, 2024, Regular Meeting Minutes. B Advisory Committee on Historic Preservation Meeting Minutes (2024-08-13) Staff Recommendation: Accept and place on file the minutes from the August 13, 2024, meeting of the Advisory Committee on Historic Preservation. C Single Occasion Gambling License - Beyond the Yellow Ribbon Staff Recommendation: Authorize issuance of a single-occassion gambling permit to Mississippi River Valley Beyond the Yellow Ribbon to conduct a raffle at 12800 Ravine Parkway on December 1, 2024. D Accept donations Staff Recommendation: Adopt Resolution 2024-144, Accepting donations for 2024. E Accelerated Firefighter/Paramedic Program Agreement Staff Recommendation: Approve the Accelerated Firefighter/Paramedic Recruitment Program agreement for Mike Dandle and Sam Anderson. F Authorization to Order 2025 River Oaks Lawn Mowers Staff Recommendation: Authorize staff to place the order of two Greensmaster eTriflex mowers in 2024 with receipt and invoicing to occur in 2025. G 90th Street – No Parking Zone Staff Recommendation: Adopt Resolution 2024-148 restricting parking on the north side of 90th Street extending from Hadley Avenue to Greene Avenue, Monday through Friday, 7:00 AM to 9:00 AM, and 2:00 PM to 4:00 PM. H Intersection Control at Hemingway Avenue and 79th Street Staff Recommendation: Adopt Resolution 2024-149 approving the placement of stop signs for northbound 2 and southbound traffic on Hemingway Avenue at 79th Street, which will make the intersection an all-way stop. I Woodward Ponds 2nd Addition – Final Streets Memorandum of Understanding Staff Recommendation: Approve the Memorandum of Understanding between Ravine Parkway LLC and the City of Cottage Grove. J Washington Conservation District and Members of the 2025-2027 East Metro Water Education Program - Agreement Staff Recommendation: Approve the Agreement between Washington Conservation District and Members of the 2025-2027 East Metro Water Education Program (EMWREP). K 2025-2026 Service Agreement - Washington Conservation District Staff Recommendation: Approve the 2025-2026 Service Agreement between Washington Conservation District and the City of Cottage Grove. L Oltman Middle School – Stormwater Maintenance Agreement Staff Recommendation: Approve the Stormwater Management Facilities Agreement between the City of Cottage Grove and Independent School District #833. 8 Approve Disbursements A Approve Disbursements 9 Public Hearings A Tall Weeds Assessment Hearing Staff Recommendation: 1. Hold Public Hearing. 2. Adopt Resolution 2024-142, Adopting service charges for the removal of noxious weeds and plants from private property. B 2024 Pavement Management Hearing Staff Recommendation: 1. Conduct the Public Hearing for the 2024 Pavement Management Project. 2. Adopt Resolution 2024-143, Adopting the Assessment Roll for the 2024 Pavement Management Project. C Oltman Middle School – Easement Vacation(s), Drainage and Utility Easement, Access Easement Staff Recommendation: 1) Hold the public hearing regarding vacating, rescinding, terminating, and releasing a permanent easement and temporary easement for watermain for Lot 1, Block 1, New Otlman Middle School and permanent easements for storm sewer for Lot 2, Block 1, New Oltman Middle School. 2) Adopt Resolution 2024-145 rescinding the July 17, 2024, City Council actions related to Oltman Middle School. 3) Adopt Resolution 2024-146 vacating, rescinding, terminating, and releasing a permanent easement and temporary easement for watermain for Lot 1, Block 1, New Oltman Middle School. 4) Approve the Permanent Access Easement for Lot 1, Block 1, New Oltman Middle School. 5) Adopt Resolution 2024-147 vacating, rescinding, terminating, and releasing permanent easements for storm sewer on Lot 2, Block 1, New Oltman Middle School. 6) Approve the Permanent Easement for Storm Sewer over a portion of Lot 2, Block 1, New Oltman Middle School. 10 Bid Awards 11 Regular Agenda 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 10/16/2024 Department Public Safety Agenda Category Action Item Title Terrance Patrick Cahill Award Recognition - Officer Sorgaard and K9 Odin Staff Recommendation Recognize Officer Matt Sorgaard and his partner, K9 Odin, for their achievements at the USPCA National Field Trials. Budget Implication N/A Attachments None 1 TO: Honorable Mayor and City Council Jennifer Levitt, City Administrator FROM: DATE: October 16, 2024 RE: Terrance Patrick Cahill Award Recognition - Officer Sorgaard and K9 Odin Discussion Recommendation Recognize Officer Matt Sorgaard and his partner, K9 Odin, for their achievements at the USPCA National Field Trials. Attachments None 1 City Council Action Request 7.A. Meeting Date 10/16/2024 Department Administration Agenda Category Action Item Title City Council Regular Meeting Minutes (2024-09-04) Staff Recommendation Approve the September 4, 2024, Regular Meeting Minutes. Budget Implication N/A Attachments 1. 2024-09-04 City Council 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 COTTAGE GROVE CITY COUNCIL September 4 , 2024 12800 RAVINE PARKWAY SOUTH COTTAGE GROVE, MN 55016 COUNCIL CHAMBER - 7:00 P.M 1. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on September 4, 2024, 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 Garza- Here; Council Member Khambata-Here; Council Member Olsen-Here; Council Member Thiede-Here. Also present: Jennifer Levitt, City Administrator; Tammy Anderson, City Clerk; Ryan Burfeind, Public Works Director; Zac Dockter, Parks and Recreation Director; Pete Koerner, Public Safety Director; Brad Petersen, Public Safety Captain; Korine Land, City Attorney-LeVander, Gillen & Miller, PA; Brenda Malinowski, Finance Director; Schmitz, Community Development Director. 4. OPEN FORUM Mayor Bailey opened the Open Forum. Beth Sauder, 7119 84th Street South, said I live right there on the path of Hamlet Park. First of all, I want to say how thankful I was, as I thought the City did a great job after the storm, they did an amazing job of picking up, and I just have been really, really impressed. We have lived here in Minnesota for the last 2.5 years, here in Cottage Grove; we used to live in Wisconsin. So, I’m really enjoying Cottage Grove and so many people have had it so much worse than I did with this storm. The stories we’re hearing as people are walking by on that path by our house, there are just houses and electricity and stuff. So, I have a small problem, but I kind of feel like it’s really a big problem that maybe we could address as a community. We live right on the path, and along our side yard we have wires that are community wires; we don’t use most of those services that are running past my house. A big tree of ours went down, it snapped the electrical, they came out and fixed that, but when we cut the tree, because it’s our tree, those three wires bounced back up. They didn’t break, and we still have internet service, and the internet people were really surprised. Our problem is they’re only like this high off the ground, but my biggest problem is I have now devoted 4-1/2 hours of trying to find out who those wires belong to. When I called the City, they said oh, that’s my responsibility. I’m like, but where do I begin? Who services Cottage Grove? As a person living next to these, I have no idea who owns those wires, and that was my job to figure that out. And the only way I’ve been able to piece some of it together and I’m not even done was the gentlemen that have come out from Xfinity and obviously the electric company, otherwise people wouldn’t have power. But I still have 2 cables that now when I walk through my yard will take me out. I don't know whose those are, and I’m left to figure out who those belong to. I have kind of it pieced together with what these gentlemen have said, but I have spent 4 hours on hold or with people online trying to track down who belongs to these wires. Council Member Olsen said that sounds so frustrating. Beth said and when they told me it was my responsibility, I was like. City Council Meeting September 4, 2024 Page 2 of 12 Mayor Bailey said no, I think we’ll be able to help you with that. I’m going to turn it over really quick to our City Administrator, Jennifer Levitt, because you’re not the first one that we’ve had these conversations with. Beth said oh, good, so it’s on your list that it’s happening. That’s what I wanted to make sure of. I’ve been on hold today, I got transferred from a company I thought maybe was them; after I waited 55 minutes and then we got through all this, after another 20 minutes, I was sent to an insurance company because they thought I wanted to file an insurance claim. So, anyway, I just thought it might help other people because we have wires everywhere. Council Member Olsen said I’m glad you came. Mayor Bailey said I’m going to let Administrator Levitt speak, thank you for letting us know. We have your information now, so we can obviously work with you on that. Administrator Levitt said we appreciate the resident bringing that to our attention. Those private utilities are sometimes a difficult thing to sort out, so we would be happy to look into that with our private utility contacts to see if we can find the entity responsible for those. So, when residents do have those challenges, sometimes if you have a provider, it’s easy to look at a bill and know who it is; in this case, it’s clearly not directly related to that. So, we will hunt down that private utility and get that addressed. So, if other residents have those issues, it’s helpful for us to know where they’re at specifically, so we can work with the private utilities and we can take care of that. Mayor Bailey asked Administrator Levitt do you want them to call Public Works or do you want them to call City Hall? Administrator Levitt replied to Public Works. Beth said and that’s where I started. Mayor Bailey said okay, well, we’ll help with that going forward. Beth said and it’s policy and not everybody knows the policy. I appreciate you guys helping. Council Member Olsen said thanks for bringing it forward, and rest assured, you’re not the only one, we’ve heard from several. Mayor Bailey said after this storm, yes. As no one else wished to address the Council, Mayor Bailey closed the Open Forum. 5. ADOPTION OF AGENDA Motion by Council Member Thiede to approve the agenda; second by Council Member Garza. Motion carried: 5-0. 6. PRESENTATIONS A. Hispanic Heritage Month Staff Recommendation: Receive the Hispanic Heritage Month Proclamation. Mayor Bailey said I asked Council Member Thiede if he would like to read the proclamation for Hispanic Heritage Month, and then we’ll look for a motion and a second to approve. Council Member Thiede read aloud the Hispanic Heritage Month Proclamation. Motion by Council Member Thiede to proclaim September 15-October 15, 2024, as Hispanic Heritage Month; second by Council Member Olsen. Motion carried: 5-0. B Cottage Grove Food Truck Festival and Dowdle Updates Staff Recommendation: Receive the Cottage Grove Food Truck Festival and Dowdle Updates. Mayor Bailey said there are two exciting events coming up here on the same day, the Cottage Grove Food Truck Festival, and the Dowdle Puzzle event. We’ll start with Gretchen Larson, our Economic Development Director, will first talk to us about the Dowdle Puzzle update. City Council Meeting September 4, 2024 Page 3 of 12 Director Larson said I’m happy to be here tonight. We’re going to talk first about the Dowdle Unveiling and then I’m going to turn it over to my colleague, Jaime Mann, who will tell you about the Food Truck Festival. Staff will stand by for questions at the end. The Dowdle Unveiling Event is going to take place on Saturday, September 14, at Cottage Grove Middle School. The doors will open at 8:00 a.m. to the special guests who will be speaking in the program and the media. Then the doors will open to all the guests at 8:30 a.m., and the attendees will be welcomed by the Park High School marching band and then the Park High School choir will sing the National Anthem. We have some copies on the screen of some marketing efforts behind the unveiling. Next, the puzzles that are a part of the program will be for sale at Cottage Grove Middle School until about 11:00 a.m., so the program will end at about 10:00-10:15 a.m., and then puzzles will be for sale in the lobby. We have 500-piece puzzles at $28, 1000-piece puzzles at $30, and that includes tax. After the unveiling, the artist, Eric Dowdle, will proceed to the Food Truck Festival. As a part of the marketing efforts, the Communications team had a children’s coloring contest, and that insert was included in the August Cottage Grove Reports; as of today, which was the deadline, we have 57 entries. It was super cute to see all the little kids coming in holding their pictures. Eric will present the top five finalists with a City medallion, and that will be on the stage at the Food Truck Festival at 12 noon. As another part of the marketing effort, there’s going to be a 7-foot-tall coloring activity of the actual black and white rendering of the painting; it’s a fun, interactive activity for the Food Truck Festival attendees and a way to just potentially draw more people to the booth while Eric is still there. Director Larson said with that, I’ll turn it over to Jaime. Mayor Bailey thanked Director Larson and welcomed Jaime. Jaime said I am pleased to be here tonight to present information on our second annual Discover Cottage Grove Food Truck Festival. The event this year takes place again at Kingston Park on Saturday, September 14, and it will run from 11:00 a.m. to 7:00 p.m.; we added an extra hour onto the end of the event time because we heard from vendors last year that we missed an hour of dinner-rush time, so we accommodated their request this year. This year we have a lot of familiar things happening and then a couple new things that we’ve added as well, including the Dowdle Puzzle sales. So, starting with food trucks: Our goal this year is 40 food trucks. Right now, I have 35 confirmed food trucks, which means their payment is in, all their paperwork is done; I have 5 that are at some point in the paperwork process, so we have hit our 40. Depending on spacing, I also have 6 on a wait list as well, so we may be able to add just a few more food trucks to the list. We will have a full house of food trucks this year, and everybody coming are displayed on the screen. They’re also updated on our Facebook Event, so we’ve tagged them all on a post in our Facebook Event, so their followers will see that they’re part of the event as well. This year we also pushed sponsorships a great deal more than last year; we have 11 total sponsors this year, which is fantastic. The sponsorships help cover some of the costs of the event, like the bounce houses, the Porta Potties, the tents, and Facebook advertising, etc. So, we have a great lineup of sponsors this year, and they will be on signage throughout the event, depending on what level they are; we also have shirts that the volunteers are going to be wearing that have the gold and platinum sponsors on them. New this year we’re adding a marketplace, so our goal was 10 vendors because we weren’t quite sure of how much interest we’d have. Right now, we are at 10, but those are just confirmed, meaning they’ve paid their fee, they’ve done all their paperwork; we have another 4 in the process of finishing their paperwork or we’re waiting on their payment, so in the next 10 days they have time to get that into us. We’re hoping to end with about 14 vendors, which will be right along the path that goes from where the Food Truck Festival is to the north parking lot, like where Strawberry Fest holds theirs. Also, this year, we have some great entertainment for guests that are visiting the event: We have kids’ activities, so we’ll have a couple bounce houses, which will be staffed by a few Recreation staff members. Strawberry Fest ambassadors are going to be there again this year, from 11:00 a.m. to 4:00 p.m., but they are hosting carnival games for kids again this year. We also have some great live music: Basic and Boring is opening the day for us; when they take a break at noon, Eric Dowdle will be up on stage for the coloring contest finalists. Liv McNair will come on at 3:30 and kind of open for Hailey James, as she’s one City Council Meeting September 4, 2024 Page 4 of 12 of Hailey’s friends, and then Hailey James is our headliner for the event; we’re excited that she’s joining us this year. We will also have the Beer Gardens, as the Cottage Grove Lions Club is hosting that again for us this year and we’re glad they’re back. We’re able to extend our beer gardens out into the grass a little bit; the Parks team is going to kind of snow fence off a larger area of the grass so people can take their beer, go sit in the grass, and listen to the music. So, we’re excited that we get a little more space for people to kind of mingle this year. Discover Cottage Grove will have a booth, like we did last year, and we’ll be staffing that from 10:30 a.m. to 7:00 p.m. On the screen, you can see the shirts that our volunteers will be wearing and, on the back, the sponsors will be listed. Come join our booth, visit us, talk to people as they come up and see us, and we’d like to invite you to stop by the booth. Jaime said with that, Gretchen and I would be happy to stand for any questions that you might have. Mayor Bailey said first, I’ll say in both cases it’s kind of cool. We’re going to start off with this unveiling, and you had a little teaser on the side there on the one poster, the one sign, that shows what the puzzle looks like, and all the history of Cottage Grove, which is amazing, and the connections to the community that go way back, including up to current days. So, that’s been fun to kind of go through that, and Council along with staff have been having a great time figuring out what should and shouldn’t be in the puzzle and how do you fit everything. He did an amazing job of putting it all together, you can tell he’s an expert at doing this with the other communities. With the Food Truck Festival, that’s an amazing job, up to 40 food trucks; last year, there were long lines at the food trucks, and it was a gorgeous day, so we’ll keep our fingers crossed on that. This is almost like a Strawberry Fest, but just a one-day event in Cottage Grove. So, I’ll tell the public, come and enjoy it, check out the puzzle, if you want, buy a puzzle, they make great gifts. Then go over and check out all the food trucks that you’re going to have and the vendors and great music, grab a drink if you want at the Lions’ Beer Garden. So, I’m looking forward to this amazing event in just a couple weeks. Mayor Bailey asked if Council would like to make any comments: Council Member Olsen said really all I want to say to Gretchen and Jaime and the team behind them is a hearty thank you. I don’t think the public really knows how much time, energy, and effort have gone into coordinating these events. The Dowdle Puzzle Event, in and of itself, is a really big event, and then to find a combination with the Food Truck Festival and create that synergy that was a heavy lift; it’s not like you have 1,000 people around you to help you out. So, I just want to thank you. I know how much all of you have been working on this for months and months and months. With the Food Truck Festival, Jaime has absolutely been the tip of the spear on that and every day it seems like she’s really working on making sure that that event is as awesome as we all want it to be. So, I’ll look to Council Member Thiede to make sure that we get a good weather prediction, like he does for Strawberry Fest each year, as we really hope we have a good weather day. Our Cottage Grove Lions Club, of which I’m the president, is so proud to be associated with the Food Truck Festival, and we’re so eager to see how this year is different from last year. With year two, you take all those learnings from year one, and you try to apply those. I’ll tell you what, I was at the One Family Festival over the weekend at Kingston Park, and Council Member Garza and Council Member Khambata were there as well, and they had 28 food trucks and it looked big, so 40? Wow! That is going to be just unbelievable. So, I hope people come in droves and I hope they come hungry, and thank you very much for all that you’ve done to put this together. It’s going to be a special day. Council Member Thiede said just out of curiosity, I don't know if I saw anything, in terms of parking and things like that, we’re going to kind of promote the school lots and so forth for parking; obviously, the north lot is going to have a carnival there, so is that open for parking? Jaime replied we’re blocking off the north parking lot for vendors and volunteers this year; so, it will be closed, similar to Strawberry Festival. We will have the streets, and we’re going to do some additional handicap parking in the west lot so those needing accessibility can have that along the sidewalk. We do have the elementary school parking lot as well. Council Member Thiede said all right, good, thank you. Mayor Bailey said awesome, thank you both. 7. CONSENT AGENDA A. Approve the July 10, 2024, City Council Special Meeting Minutes. City Council Meeting September 4, 2024 Page 5 of 12 B. Approve the July 24, 2024, City Council Special Meeting Minutes. C. Approve the July 31, 2024, City Council Special Meeting Minutes. D. Approve the cancellation of the September 18, 2024, City Council Meeting. E. Authorize issuance of a temporary intoxicating liquor license to Spiral Brewery, LLC, for “the Zywiec’s Garden Centers Haunting Experience,” located at 10900 East Point Douglas Road South on October 18-19, 2024, and October 25-26, 2024. F. Authorize issuance of a single occasion gambling permit to Laurie Levine on behalf of the Cottage Grove Area Chamber of Commerce to conduct a raffle at 8617 West Point Douglas Road South, #150,on December 11, 2024. G. It is recommended to not approve the Massage Therapy License application for Yunfang Wang to operate as a massage therapist at Summer Spa in Cottage Grove, given the applicant does not meet the requirements outlined in City Ordinance 3-7-3, which states applicants must graduate from an accredited school recognized by the United States Department of Education and/or pass the MBLEx exam. H. Authorize the Wellness Committee, on behalf of City staff, to apply for the Washington County Worksite Wellness Grant through the Statewide Health Improvement Partnership (SHIP). I. Approve the issuance of rental licenses to the properties listed in the attached table. J. Approve the 2025-2026 labor contract with the Sergeants union. All wage and benefit costs have been budgeted for the 2025 budget. K. Approve the AuthX software agreement as reviewed by the City Attorney and authorize the 3-year Software agreement, payable annually. L. Staff recommends the approval of the CJN Agreement as reviewed by the City Attorney and the Subscription for the eBriefing application. M. Adopt Resolution 2024-128 approving the plans and specifications and authorizing bidding for the Low Zone Water Tower Project. N. Approve the utility occupancy license with the Soo Line Railroad Company, DBA Canadian Pacific, with minor modifications by the City Attorney. O. Authorize staff to order a vac truck for an amount not to exceed $700,000. P. 1) Adopt Resolution 2024-124 approving the PCiRoads, LLC, Proposal for the MMA Flood Sealing of Ravine Parkway Bridge project in the not-to-exceed amount of $18,313.20. 2) Authorize the appropriate officials to sign all necessary documents to effectuate this project. Q. Adopt Resolution 2024-126 approving the plans and specifications and authorizing bidding for the Jamaica Avenue Trunk Storm Sewer Realignment Project. R. Adopt Resolution 2024-125 awarding the 2025 Pavement Management-Televising and Cleaning Project to the accepted quote supplied by American Environmental in the amount of $43,612.25, and the appropriate officials are hereby authorized to sign all necessary documents to effectuate these actions. S. Adopt Resolution 2024-123 approving the minor subdivision subdividing a 6.45-acre parcel of land (PIN 2302721120005) into one 3.10-acre parcel and one 3.35-acre parcel and a variance to the minimum front width of a new parcel. T. Authorize the Mayor and City Clerk to sign the Land Surveyor’s Certificate of Plat Correction for Glacial Valley Estates 2nd Addition. U. Authorize the Mayor and City Clerk to sign the Land Surveyor’s Certificate of Plat Correction for Summer Valley. V. Approve the hiring of Phil Jents as Communications Manager at Grade 21, Step 1 ($110,094.00) of the Non-represented Pay Plan. W. Approve the Tobacco Application for Cottage Grove Vape, LLC, located at 8599 West Point Douglas Road, Suite 200, Cottage Grove, Minnesota. X. Adopt Resolution 2024-131 approving the modified referendum questions on the November 5, 2024, ballot to impose a Local Option Sales Tax for Hamlet Park, Mississippi Dunes Park, and River Oaks Golf Course and Event Center. City Council Meeting September 4, 2024 Page 6 of 12 None of the Council Members wished to pull any Items on the Consent Agenda for further discussion and/or approval. Motion by Council Member Olsen to approve the Consent Agenda; second by Council Member Thiede. Motion carried: 5-0. 8. APPROVE DISBURSEMENTS A. Approve disbursements for the period of 8-16-2024 through 8-29-2024 in the amount of $4,861,232.59. Motion by Council Member Khambata to approve disbursements; second by Council Member Garza. Motion carried: 5-0. 9. PUBLIC HEARINGS - None. 10. BID AWARDS - None. 11. REGULAR AGENDA A. Adopt Preliminary Property Tax Levy Staff Recommendation: Adopt Resolution 2024-127, Adopting the Proposed Preliminary 2024 Property Tax Levy, collectible in 2025. Mayor Bailey said Brenda Malinowski, our Finance Director, will walk us through this; we’ve been working on this since January, and we’ve finally got to the end here, so you can walk us through the proposal as it is. Director Malinowski stated Mayor and City Council, as the mayor had alluded to, yes, we have been working on our budget and the Preliminary Property Tax Levy that’s in front of you this evening. We started in January, so Quarter 1, so on the screen is that calendar that we’ve been utilizing throughout the year. In Quarter 2, Council gave direction to City staff on budget direction; we took that back to our budget teams, and they prepared budget requests based on that direction. So, my thanks to City Council on all the hard work and effort that you have done throughout the year on this budget process, and thank you to our Department Directors, too, and all the City staff behind the scenes that is working on the budget throughout the year. In Quarter 3, we did three budget workshops, two in July, one just last week, where you looked at every Budget Request, the impacts to the Property Tax Levy, and the impacts to our community on those requests, on those needs. So, here we are tonight, on September 4, asking you to consider adoption of the Preliminary Property Tax Levy. It doesn’t stop tonight, though, as you can see on the screen. So, we will certify that to the County and will continue through the process until we come back to you in December for that Final Property Tax Levy adoption. Action Tonight Adopt a Preliminary Property Tax Levy for the City of Cottage Grove. Preliminary Levy will be certified to Washington County. Washington County will take our Preliminary Property Tax Levy and the Preliminary Property Tax Levy of the other taxing jurisdictions that are in our community, the School District and the County, and they will prepare individual Property Tax Notices. They will mail those to each taxpayer here in our community, and they will then know based on this Preliminary Property Tax Levy the amount they’ll pay in property taxes in 2025. Also in that notice, they will receive notice of when each taxing jurisdiction, including the City of Cottage Grove, will hold a Public Meeting to discuss the budget and the Property Tax Levy. Here in Cottage Grove, we’ll do that on December 4, at 7:00 p.m., right here in City Council Chambers. At that same time, City Council will adopt the Final Property Tax Levy. Something to remember for tonight: You’re setting your maximum levy. When we come in front of you in December, we City Council Meeting September 4, 2024 Page 7 of 12 cannot increase the amount of the Property Tax Levy that you adopt tonight; so, your maximum Property Tax Levy is what you’re setting tonight. You can come in lower in December, but you can’t increase it. Accomplishments as part of this Budget Process and this Property Tax Levy •Continues to provide that same exceptional level of City services that we provide to our community. •Demonstrates stewardship of capital assets by including the replacement of capital equipment and city infrastructure that have been identified in the Financial Management Plan (FMP) and Capital Improvement Plan (CIP). •Maintains the distinction to be an employer of choice. •Provides managed growth in staffing positions needed for our growing community by including new positions in the 2025 budget. •Meets the Debt Service Requirements for all existing debt by funding these requirements with the Property Tax Levy; that’s important for our AAA Bond Rating. •Established HRA Levy for the first time to provide funds for housing and redevelopment; it will say Cottage Grove HRA for transparency. •Maintains Fund Balance Target of General Fund; our Fund Balance Policy for our General Fund states that at the end of the year we’ll have 45%-55% of Assigned Fund Balance at year end of our next year’s budget. The reason for that percentage basis at year end is we don’t receive our first Property Tax settlement until July; so, we are paying bills for the first 6 months of the year without that inflow of cash until July so we need that buffer until we get that payment. Property Tax Levy Details Property Tax Levy details are shown on the screen: 1. General Fund Levy-Our chief operating budget for the City, funds Police services, Fire services, Public Works services, and Parks and Recreation amenities. When we provide those services to the community, we’re not giving them a bill, but we need to generate money to provide those services so we do that through property taxes. 2. Equipment Levy-We’re funding our squad replacement, our Public Works equipment, our Parks equipment, and our Fire equipment. 3. Municipal Building-We have an internal loan here on this City Hall-Public Safety building; when it was built in 2012, we borrowed money from our Sewer Operating Fund and some of our other operating funds, and so with this levy, we’re paying that money back to our Sewer Operating Fund. 4. EDA Levy-As you can see, that’s 50% of last year’s levy. We’re doing just 50% because we’re dropping half of it down below our City levy and calling that the HRA Levy. 5. Debt Levy-To pay our principal and interest payments that are due on the debt that we’ve issued in the past. In total, our City Property Tax Levy that we’re asking for your consideration tonight is $25,990,500, an increase of 12.39%. Then we add on that HRA Levy; the EDA has HRA Levy powers here at the City, so they’ve already adopted that preliminary levy, and they will hold a meeting on December 3 to adopt that Final Levy for that HRA Levy. So, the combined levies are $26,128,000, an increase of 12.98%. Director Malinowski said to put that in perspective on an individual home, we need to know what our City Property Tax Rate is; our City Property Tax Rate is comprised of two components, the first is our Property Tax Levy and the second is our Tax Capacity. Here in Cottage Grove our Tax Capacity is a near level increase from 2024; if we were to look at a community that was fully developed, we would see that those communities actually decreased in Tax Capacity by about 3% because our existing properties dropped about 3%. We had growth from new construction, so we’re just under ¾ of a percent increase between 2024 and 2025. From those two components, the Property Tax Levy and the Tax Capacity, we get our City Property Tax Rate: For 2025, we’re looking at 37.213%, pretty consistent with what we saw in 2021 and 2022. City Property Tax on a Median Home We looked at that median home to see what the impact of our Property Tax Levy is, so a median home in Cottage Grove has a value of $352,500. Last year, the property value was about $363,000, so it decreased about 2.89%. Based on that City Property Tax Rate, they will pay $1,257 in City Property City Council Meeting September 4, 2024 Page 8 of 12 Taxes for 2025; that’s about a $77 increase. We did a FMP at the beginning of 2023 to look at all the operating costs needed in the City for the next 10 years: Our Equipment Replacement needs, funding our Pavement Management program, funding our Street Reconstruction program. We put all those into our spreadsheet analysis, and we need about a $100 tax increase per year to fund all those services that are needed in our community so the $77 is below what was identified in our FMP, so we’re within the parameters of that plan. Knowing that not all properties in Cottage Grove act the same as the median home, some will increase in value and some will decrease in value from year to year; the City Tax Rate still stays the same, so they’ll have different impacts. So, we track four properties in the City; if we look at the average increase on these four properties and the median home, we’re at about an average of $112. City Council, I also want to reflect back when we started the process back in July, that median home we thought would have to increase by about $108 for 2025 and that increase is now down to $77. What Do My City Taxes Pay For? On that median home, they’re paying $1,257 in City Property Tax annually; if they were to make a payment to the City on a monthly basis, much like they do their utility or cable bill, they would send us a check for $104.75. We would then allocate it to our different departments: Public Safety - $ 45.05 Public Works - $ 14.73 General Government - $ 13.65 Parks & Recreation - $ 10.90 Community Development - $ 1.46 Debt Service - $ 15.49 Capital Equipment - $ 1.29 EDA - $ .56 HRA - $ .56 Budget Contingency - $ 1.06 TOTAL $104.75 That $1,257 on the median home, we like to know how we compare to other communities, especially in Washington County. So, while we do not have their 2025 Preliminary Property Tax Levies at this point, we know how we compared in 2024. In 2024, we were second lowest on that median home, $1,177. So, at $1,257, we still would be second from the bottom in City property taxes. I will caution you that is based on all these other cities having a 0% Property Tax increase and a 0% Tax Capacity Increase for 2025. We know that will not be the case and so we feel that we will compare favorably once again. Director Malinowski said with that, I will take any questions from City Council. Mayor Bailey thanked Brenda and staff, as it’s been a long road to get to this point. First of all, I’ll open it up to Council; are there any questions or comments that you’d like to make at this point to Brenda or staff. Council Member Olsen said thank you, Brenda and staff. As the mayor said, this was a very arduous and detailed process, as it is every year, but I want to compliment all the hard work on behalf of the Department Heads and obviously our City Administrator in putting together such a strong budget. I think that it is extremely well balanced with respect to continuing to provide the high level of City services that our residents have come to expect while also make various investments in infrastructure, including trucks, squad cars, and all of the various things that our team needs in order to do the job well. I want to talk for a minute about the storm that just happened. Of course, we had kind of a double whammy; we had a Tuesday storm and then just when people were getting their power back on, we had a Thursday storm. If you’ve taken any time to look at some pictures or drive around town, that Thursday storm was a humdinger, it was tough. When I think about a budget, I think about what are my values with respect to what our property owners, including me because I pay taxes, too, what do they deserve when we have an event like that? What they deserve is a community that is staffed appropriately, that has all of the right equipment, all of the right training and knowledge to be able to address residential concerns in a very quick manner and a very effective manner. And I’ve heard so many compliments from residents since last week about how fast we responded, and that includes the evening of the storm; actually, having the EOC City Council Meeting September 4, 2024 Page 9 of 12 set up here, all of the calls coming into 911, having I think it was close to 200 calls that our people had to address. None of that happens unless you plan for it, and that’s how we budget here in the City of Cottage Grove is we plan to make sure that we are good guardians of the public trust, which I think is reflected in the second lowest tax levy per capita in Washington County; that’s kind of where we’ve sat for a long time. So, definitely great value to the residents but also just an unbelievable level of service. I can’t say thank you enough for the guidance that you all give us during the course of a budget conversation with regard to hey, we have a truck that probably isn’t going to make it another year, we’ve maintained it for 15 years, we need to think about replacement. Looking ahead like that is what provides us that opportunity to respond in very short order when we have events like we had last week. You also mentioned the FMP; we’ve stuck to that thing, and the $77 vs. the $100 estimate that we were trying to live within, that is one of the reasons we’re a AAA Bond-rated City. Cities of our size generally are not that but we are and it’s because, again, we have a plan, we stick to the plan, we’re very judicious when it comes to public funds; but we make certain that the things that need to be funded properly and you saw on your if everybody wrote a check slide what it costs to provide Public Safety services, Public Works services, etc. You never want to skimp on those core functions of government, and obviously the bond houses think that we’re doing well. So, all in all, wonderful job this year. It’s never easy, it won’t be easy the next time, it wasn’t easy last year, but I think we’ve done a really good job of kind of balancing out what our needs were and what we’re looking at moving into the future as well. Council Member Garza said I just want to say thank you, thank you to all of our staff. I appreciate all of the explanation, just making sure that I understand our budget and how all of the pieces of the pie work together. I really appreciate you taking the time so that I could really have an understanding of how things really work in our City. I’m very, very impressed with our City to tell you being on this side of everything and learning all the things that I have, our City works really hard for our community and they work really hard to make sure that we have a beautiful place to live in. So, I just really want to say thank you all so much; it’s been an amazing experience, and I’m so excited to learn more. Council Member Thiede said everybody loves me at budget time because my dad raised me to be pretty frugal, and sometimes the thing is trying to keep the services up and also the costs down; because it seems like we all say, well, it only went up a little bit but then if you add 10 things that go up a little bit, then that becomes a bigger bit. So, again, I would just like to commend all of the employees in the City, especially the management who worked together. If you ever sat in on some of the budget meetings, we have some pretty good discussions at times, but everybody works together, there’s give and take. I think we should maybe send some of our videos up to maybe the State or Federal level and show people, even though we have some differing opinions on things, how we do work together and make the best of whatever decisions are made and things of that nature. Again, thanks for everything you guys do, and we really do have a nice community. And, well, I’d always like things to be a lower cost, but we kind of took fine-toothed combs through it and tried to control it as much as possible. One thing that Council Member Olsen said in terms of the AAA Bond Rating and so forth, that is very important for any type of debt costs, and they really do look at how much, some of the changes, and how those finances are controlled. Again, it’s not just being low and then being higher and lower, or low all the time, it’s that steadiness and a sure sign that yes, we are looking at things, we’re managing things; Brenda and her team and everybody does a fantastic job with that. Council Member Khambata said I want to commend our different Department Heads on bringing forth to us the list of things they could do without; I know it’s hard for them to choose their baby, but that’s part of our process is figuring out what we can postpone or what we can prolong the service life of in order to make our budget work. So, as Brenda had said, we’ve been working on this since January, and there’s been some sacrifices, so thank you to all of our staff. Mayor Bailey said and as I mentioned earlier, thank you, Brenda and your team and Jennifer and everybody else for all the conversations. By the way, also thank you for the updated list that you gave us of how other cities are looking out there, the ones that we know of, that are already going through the process of the Preliminary Property Tax Levies that they’re looking at; there definitely are some much higher than ours, and there are some lower than ours, too, but what we try to do, like we said, is to maintain a standard of service and process within our community that I think our community and our residents have come to enjoy. Yes, as we all know, we could look at certain things to reduce the cost; however, maybe we don’t plow as quickly or there’s different things out there that we have become City Council Meeting September 4, 2024 Page 10 of 12 accustomed to in our community. At least from my standpoint, and I think the Council too, and staff when we talked about some of these different options that happen, it’s like no; we’re known for these things in our community, people count on the fact that when they get up in the morning, there streets are plowed, or the roads are getting done. Or if they call 911 when an emergency is happening in our community, that somebody is there. I just wanted to again thank you and everyone for providing that level of service that you have and obviously letting us continue to be one of the best cities out there in the State of Minnesota, frankly. Council Member Khambata made a motion to Adopt Resolution 2024-127, Adopting the Proposed Preliminary 2024 Property Tax Levy, Collectible in 2025, in the amount of $25,990,500: second by Council Member Olsen. Motion carried: 5-0. 12. COUNCIL COMMENTS AND REQUESTS Council Member Khambata said Justin already touched on this, but after the last of last week’s storms, I have to give a sincere job well done to our Fire and Public Safety crews and especially our Public Works crews with clearing the downed trees, the debris, and making sure that Fire and EMS could get where they needed to go. Most importantly and most thankfully, no serious injuries from either of those storms. They all deserve a job well done. Mayor Bailey said thank you, I agree with you wholeheartedly. I’ll have a statement to make here in a little bit. Council Member Olsen said I will wait for the mayor’s statement with regard to the storm cleanup, but I don’t think we can say thank you enough. A couple things I just wanted to mention, earlier I talked about the One Family Festival that took place this past weekend at Kingston Park; it was packed, it was more than packed. Luckily, I have a friend who lives near the park, and I could park in their driveway because there was nowhere to park, streets were full, schools were full, parking lots were full, and of course it was a wonderful event. I don't know the exact attendance, but I will tell you that it felt very Strawberry Fest-like, and certainly we love to have that festival in our community twice a year, on Memorial Day and Labor Day. So, kudos to my friend, John Yang, for organizing another great festival, and thank you to Zac and his team for making sure the park was in absolutely pristine condition, it was awesome. They use all those fields, and as we were walking around, we were hearing compliments about what a beautiful park and how well maintained; it really was something to be admired, so please make sure your team knows that because I know it takes a lot of work. The cool thing about that One Family Festival is it really is a way for our Hmong community to gain some exposure. One of the things we talked about when we were visiting that event was how the population of people of color here in the City of Cottage Grove since I started as a City Council Member, since Myron started as the Mayor, has virtually doubled; we’re well over 20% now of our population that are people of color. Events like this that we feature, that this is a welcoming community for everybody, and that we want everyone to be able to enjoy the services that we provide, the beautiful parks, and all the rest of it. I think that speaks volumes about the kind of community that we are, so it was very neat to see that. I also just want to take a second and thank all the teachers and the staff and the bus drivers and custodians and administration, everybody else associated with back to school. Most of the kids went back yesterday, I know a few went back today. Those teachers and everybody else have been hard at it for a couple weeks or more to make sure that the school was ready and that it was a welcoming experience. They deserve a lot of credit for putting in the time, energy, and effort, especially when a lot of people are trying to take that last vacation of the summer, and they’re in school working. I know that the kickoff to the school year is always an exciting time, so I’m very grateful for everybody, bus drivers, etc., who made it a great day for our kids, either yesterday or today. Council Member Thiede said I was just going to mention that school is back in session, and everybody be careful out there on the roads and drive with sanity and so forth and watch out so that we have another successful school year. City Council Meeting September 4, 2024 Page 11 of 12 Council Member Garza said I just wanted to piggyback on what Council Member Olsen had mentioned about the One Family Festival; it was an amazing experience, there were thousands of people there. What was most intriguing or interesting to me is when I spoke with the coordinator or the organizer of it, I asked if he was a resident of Cottage Grove, and he’s not; he had visited our park and thought it was so beautiful and it was so well maintained that they thought it was an ideal space for them to host this event. So, I thought that was really impressive for them to not to be from our community, but they chose that park. Council Member Khambata said that’s very cool. Mayor Bailey said I have a few things for the public, but first I want to read a statement of appreciation: First of all, just for the public, you’re already aware, but last Thursday night, during a very strong thunderstorm, the City of Cottage Grove experienced a significant downburst of surface winds that caused widespread damage; numerous trees were uprooted or snapped, and many were blocking roads, along with downed power lines. We had several homes that were damaged in our community, over 12, actually. Thankfully, and I mean that sincerely, thankfully no deaths or injuries occurred as a result of the storm. Our Public Safety and Public Works Departments quickly became overwhelmed with the calls for service. The decision was then made to activate our Emergency Operations Center (EOC) to coordinate the City’s response to this emergency. City staff from all departments responded to work in the EOC to prioritize needs and resources and to collaborate with external partners like Xcel Energy to expedite power restoration efforts. I want to personally thank the many agencies who responded to assist Cottage Grove Public Safety with handling numerous 911 calls for police, fire, and EMS services, and for assisting Public Works with setting up barricades to protect the public from downed power lines and removing trees and limbs to clear blocked roads. I also want to mention that we did receive support from the Washington County Sheriff's Office, including their Emergency Management supervisor, and Washington County’s Public Works Department. Woodbury’s Police, Fire, and EMS Departments also helped us, as well as those from Newport and St. Paul Park and Lake Elmo, those Fire Departments came into our community to support what was going on that evening. In addition, Public Works has and is continuing to receive assistance from the cities of Burnsville, Eagan, Newport, and West St. Paul, all of their Public Works Departments, with debris management and cleanup efforts. So, the fact that we’re getting a lot of these downed trees moved down to the boulevards or the streets, and the reason we’re able to do it as quickly as we are is frankly because we’re receiving this teamwork from those other cities as part of our Declaration of an Emergency, as well as mutual aid. So, when they have their unfortunate issues, we go there to help and aid those communities and those counties, and when we have our needs, they come and support us. I just also want to say we cannot overlook the importance of people helping people when emergencies like this affect our community. To all those agencies who provided us with personnel and equipment and to all the citizens of Cottage Grove who were out in their neighborhoods helping those impacted by last week’s storm, I just want to give my heartfelt thank you to all of you, and I know the Council does too, I’ve been hearing that very clearly. I will just share on a separate note, when I got the call from Public Works Director Ryan Burfeind, my house in Cottage Grove I think had a single branch that went down, nothing major, but Ryan called me and said we have some serious damage on the other side of the highway. So, as I’m the mayor, I hopped in my car and went over there, and frankly was blown away, no pun intended, by how bad some of the damage was. I was trying to go down streets but wasn’t able to do it. There were a couple of locations, one particular home where the tree literally went through the house, and thank goodness that elderly couple was not home; I’m certain if they would have been, based on the way the tree went through that house, that they would not be with us today. But I pulled over, and along with the neighbors there, I had my 911 call ready to go because I thought if we were going to have to go into that house and find them, we were going to need help. The neighbor and I, along with other people who were stopping to run up there to make sure no one was injured, was quite remarkable. Ironically, where you live, I was just down the street from you, and I just happened to know who one person was there, the Barnharts on the corner there, and the house that had the power lines come down, just down the street from you, they were in their garage when the tree went down on their garage. Luckily, it didn’t collapse the garage, but that’s what I was trying to do; I wanted to get out, just like our Public Works crew, like our Parks Department, our Public Safety Department, everybody was trying to make sure that we can get in there. City Council Meeting September 4, 2024 Page 12 of 12 Many of our employees who work at Public Works were, in essence, trapped in their neighborhoods because there were so many trees down. So, I know we were getting them to walk to a location to get on a Public Works vehicle to get to Public Works to get the equipment to start removing trees. So, just an amazing response. It’s not one that we want to have to deal with, but when I walked into the EOC after doing some touring and checking on people specifically on the other side of the highway, it’s a professional process; you have tried this before, you’ve practiced it, and it was amazing to watch our staff reacting as quickly as they did to all of the storms that happened on that Thursday. So, hats off to our citizens, hats off and thank you to all those assisting agencies who arrived to support our community; we absolute appreciate everything that they did. Mayor Bailey said another item is I need to mention from a legal standpoint that after the last Council Meeting we had a workshop that was closed to the public; it was a performance review check in with our City Administrator, Jennifer Levitt. It was a very good check in with no real issues or concerns; it was a great opportunity for us to share thoughts and ideas on things relative to budgeting or staff or personnel. I think Council would agree that it was a very good opportunity to go through a performance review. Mayor Bailey said earlier, on tonight’s Consent Agenda, it noted we are not going to have a second City Council meeting in September; because of that, our next meeting won’t be until October. So, I wanted to point out three things that are on our calendar for the rest of the month: •There is going to be an Open House on Tuesday, September 24, at the Cottage Grove Middle School, from 4:00 to 6:00 p.m., and that is to get feedback and communication with the public on the 80th Street-Keats Avenue future roundabout that is being proposed. If you have some feedback or want to talk through that or see what the designs look like, feel free to stop by. •On September 16, we have a Public Safety Open House at the HERO Center. If you want to see the HERO Center, which is an amazing training facility, all the bells and whistles, all the different things that we have for our Public Safety Department, feel free to stop in; it is free and open to the public. •On Friday, September 20, our Public Safety Board is having a golf tournament at River Oaks Golf Course. The check-in time is 7:00 a.m. If you’re interested, they’re looking for golfers, foursomes, but even if you don’t have a foursome, if you want to come and golf, we can work to put groups together. This is a great opportunity and all the proceeds that they gain from that is going back into supporting our Police, Fire, and EMS programs. Things they’ve done in the past include helping us purchase our K-9s, vests, fire apparatus, equipment, etc. That’s what this money will go toward. If you want to sponsor a hole or you want to golf or maybe just send a check to the Public Safety Board, feel free, but all that money goes directly back to support our Public Safety Department. 13. WORKSHOPS - OPEN TO PUBLIC - None. 14. WORKSHOPS - CLOSED TO PUBLIC - None. 15. ADJOURNMENT Motion by Council Member Thiede, second by Council Member Khambata, to adjourn the meeting at 8:02 p.m. Motion carried: 5-0. Minutes prepared by Judy Graf and reviewed by Tamara Anderson, City Clerk 1 City Council Action Request 7.B. Meeting Date 10/16/2024 Department Community Development Agenda Category Action Item Title Advisory Committee on Historic Preservation Meeting Minutes (2024-08-13) Staff Recommendation Accept and place on file the minutes from the August 13, 2024, meeting of the Advisory Committee on Historic Preservation. Budget Implication N/A Attachments 1. ACHP Minutes 2024-08-13 MINUTES CITY OF COTTAGE GROVE ADVISORY COMMITTEE ON HISTORIC PRESERVATION August 13, 2024 Pursuant to due call and notice thereof, a meeting of the Advisory Committee on Historic Preserva - tion was duly held at the Cottage Grove City Hall, 12800 Ravine Parkway South, Cottage Grove, Minnesota, on the 13th day of August 2024. CALL TO ORDER Chair Reckinger called the meeting to order at 6:03 p.m. ROLL CALL MEMBERS PRESENT: Herb Reckinger (Chair), Tony Brinkman, Linda Johnston, Marie Sumstine, Cindy Yff MEMBERS ABSENT: Jacob Grundhauser, Joseph Gall, Councilmember Dave Thiede OTHERS PRESENT: Conner Jakes, Planner APROVAL OF THE AGENDA Motion made by Johnston to approve the Agenda with no changes. Brinkman seconded. The motion passed unanimously 5-to-0. APROVAL OF MINUTES Johnston made a motion to approve the June 11, 2024 meeting minutes as is with no changes. Brinkman seconded. The motion passed unanimously 5 -to-0. OPEN FORUM No one spoke. ACTION ITEMS Committee Logo Review Jakes stated the Communications Department would like to revise the current ACHP logo to ensure the logo has high resolution for modern day use. With that, the Communications Department prepared three potential logos along with the current logo. Advisory Committee on Historic Preservation Minutes August 13, 2024 Page 2 of 3 The committee discussed the three new proposed logos and stated overall agreement for the second option labeled as “B.” Sumstine stated the words Historic Landmark should be changed to reflect the committee and be labeled as “Advisory Committee on Historic Preservation.” Sumstine made a motion to approve option “B” as the new ACHP logo, with the condition that the words “Historic Landmark” should be changed to “Advisory Committee on Historic Preservation .” Brinkman seconded. The motion passed 4-to-1. DISCUSSION ITEMS Preserve MN 2024 Conference Jakes stated the annual Preserve MN Conference is scheduled for September 18 -20 in Red Wing, MN and all committee members are invited to attend. Jakes stated a scholarship is available to satisfy the registration cost and the City would apply on behalf of interested committee members. Cottage Grove Historic Landmark Notification & Eligibility Form Jakes stated the City and committee currently does not have a historic landmark notification and eligibility form for new sites/resources to be added to the local register of historic sites and landmarks. Jakes stated that staff has produced nomination forms for the committee to review. PROJECT UPDATES – VERBAL UPDATES CLG Grant for Historic Context Study Jakes stated that work will begin within the coming weeks as contracts and documents are being finalized and signed. Jakes stated at the next ACHP meeting on October 8, there will be a project kick-off meeting in which the committee will meet the consultant doing the work and be informed of next steps. Historical Markers – MNHS Grant Submittal Jakes stated that staff submitted a grant application to the MNHS on July 12 in order to produce historical markers. Commissioner Training Jakes stated there will be commissioner training at the next ACHP meeting that will focus specifically on preservation and is intended for heritage preservation committees. Langdon Village – SWCTC Informational Video Jakes stated the SWCTC is working on creating a video that will focus on the history of the Langdon Village area. The video is expected to be completed in fall 2024. HISTORIC INQUIRIES, ARTICLES, AND RESEARCH INFORMATION There were none. COUNCIL LIASON COMMENTS There were none. Advisory Committee on Historic Preservation Minutes August 13, 2024 Page 3 of 3 COMMITTEE COMMENTS There were none. STAFF COMMENTS There were none. ADJOURNMENT Johnston made a motion to adjourn the meeting. Brinkman seconded. The motion passed unanimously 5-to-0, and the meeting was adjourned. 1 City Council Action Request 7.C. Meeting Date 10/16/2024 Department Administration Agenda Category Action Item Title Single Occasion Gambling License - Beyond the Yellow Ribbon Staff Recommendation Authorize issuance of a single-occassion gambling permit to Mississippi River Valley Beyond the Yellow Ribbon to conduct a raffle at 12800 Ravine Parkway on December 1, 2024. Budget Implication Attachments 1. Memo - Public Safety 1 City Council Action Request 7.D. Meeting Date 10/16/2024 Department Finance Agenda Category Action Item Title Accept donations Staff Recommendation Adopt Resolution 2024-144, Accepting donations for 2024. Budget Implication N/A Attachments 1. Resolution 2024-144 3rd Quarter 2024 Donations CITY OF COTTAGE GROVE, MINNESOTA CITY COUNCIL RESOLUTION 2024-144 RESOLUTION ACCEPTING DONATIONS RECEIVED IN 2024 WHEREAS, the businesses and individuals listed below have made donations to the City of Cottage Grove between March 1, 2024 and September 30, 2024; Received From Purpose Amount Chris Gehrman Bench-memory of Cole Gehrman $2,000 And WHEREAS, the City of Cottage Grove gratefully accepts these donations and recommends that they be used for the proposes intended by the donors. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that the donations received in the 2024 fiscal year, listed in this resolution, and totaling $2,000 be accepted on behalf of the city operations that they were designated to support, with the sincere thanks of the City Council. Passed this 16th day of October 2024. __________________________ Myron Bailey, Mayor Attest: ___________________________ Tamara Anderson, City Clerk 1 City Council Action Request 7.E. Meeting Date 10/16/2024 Department Public Safety Agenda Category Action Item Title Accelerated Firefighter/Paramedic Program Agreement Staff Recommendation Approve the Accelerated Firefighter/Paramedic Recruitment Program agreement for Mike Dandle and Sam Anderson. Budget Implication Included in 2025 fire/EMS training budget Attachments 1. Agreement - Sam Anderson 2. Agreement - Mike Dandle 1 TO: Honorable Mayor and City Council Jennifer Levitt, City Administrator FROM: Pete Koerner, Public Safety Director DATE: October 16, 2024 RE: Accelerated Firefighter/Paramedic Program Agreement Discussion The Cottage Grove Fire Department, as approved by the Cottage Grove City Council at the budget workshop on August 29, 2024, has implemented a program that offers the opportunity for part-time Firefighter/EMTs to become full-time Firefighter/EMTs to seek Paramedic certification while working full-time on the fire department. The goal of the program is to offer a much-cited request from part-time firefighters while increasing the ability for the fire department to recruit highly qualified candidates to serve as full-time Firefighter/Paramedics with the Cottage Grove Fire Department. Due to the fire department’s size and demand for EMS services, it is critical to have all full-time Firefighters at the paramedic certification level. Firefighter/EMTs will help support department operations while they complete Paramedic training. When hired as a Firefighter/EMT, the department will support the firefighter in their pursuit of their Paramedic certification to allow them to become a full-time Firefighter/Paramedic. The department will pay for their tuition, fees and learning materials, and their salary will support their time in class and clinical experiences. The department recognizes that the cost of paramedic training is significant and the time, effort, and financial investment of those in the Accelerated Paramedic Program is significant. Due to this significant investment in the individuals in this program, it is appropriate for those that are hired in this program to demonstrate investment in the department and the City of Cottage Grove. To demonstrate this commitment, the fire department proposes the Firefighter/EMTs agree to work for the fire department for at least five (5) years after obtaining their Paramedic certification. A formal agreement has been drafted and has been reviewed by the City Attorney’s Office. Failure to complete Paramedic certification, termination due to performance issues and/or leaving the department prior to the five (5) year period will result in a prorated repayment requirement for the cost of tuition, fees and learning materials for Paramedic training. The Firefighter will be required to sign this agreement to be employed in the accelerated recruitment program. The department conducted an internal process and identified two candidates, Firefighter/EMT Mike Dandle and Firefighter/EMT Sam Anderson. Recommendation 2 Approve the Accelerated Firefighter/Paramedic Recruitment Program agreement for Mike Dandle and Sam Anderson. Attachments 1. Agreement - Sam Anderson 2. Agreement - Mike Dandle 1 City Council Action Request 7.F. Meeting Date 10/16/2024 Department Parks and Recreation Agenda Category Action Item Title Authorization to Order 2025 River Oaks Lawn Mowers Staff Recommendation Authorize staff to place the order of two Greensmaster eTriflex mowers in 2024 with receipt and invoicing to occur in 2025. Budget Implication $141,681.29 Capital Outlay Funds within the 2025 budget. Attachments 1. Approval to purchase Mowers - River Oaks To:Honorable Mayor and City Council Jennifer Levitt, City Administrator From:Zac Dockter, Park and Recreation Director Wade Huesman, Assistant Superintendent/Equipment Manager-River Oaks Date:10/03/2024 Re:Authorization to Order 2025 River Oaks Lawn Mowers Background Staff is requesting authorization to order two Greensmaster eTriflex mowers. One mower will also include a Turf Evaluator. Both mowers are currently in the proposed 2025 budget. The two mowers being replaced are 2015 units and each have 3400 hours of operation. That’s equivalent to a car with almost 200,000 miles. New mowers are expected to have cheaper maintenance costs while eliminating the potential of highly damaging hydraulic leaks on greens (new greens mower technology no longer use hydraulics). New mowers would also help maintain faster and smoother greens during the season thus increasing course playability. Discussion Staff proposes ordering the following pieces of equipment this year to plan for lead times extending as far out as 12 months. Greensmaster eTriflex 33 - $70,578.47 Greensmaster eTriflex 33 with Turf Evaluator - $71,102.82 If the purchase is approved, the City would not receive mowers or be invoiced until 2025. The City will also save money by securing a price on the 2024 state contract compared to waiting for the new contract price in 2025. Recommendation Authorize staff to place the order of two Greensmaster eTriflex mowers in 2024 with receipt and invoicing to occur in 2025. 1 City Council Action Request 7.G. Meeting Date 10/16/2024 Department Public Works Agenda Category Action Item Title 90th Street – No Parking Zone Staff Recommendation Adopt Resolution 2024-148 restricting parking on the north side of 90th Street extending from Hadley Avenue to Greene Avenue, Monday through Friday, 7:00 AM to 9:00 AM, and 2:00 PM to 4:00 PM. Budget Implication N/A Attachments 1. No Parking 90th Street CC Memo 2. No Parking 90th Street Resolution To: Honorable Mayor and City Council Jennifer Levitt, City Administrator From: Genevieve Tester, EIT, Graduate Engineer Date: October 9, 2024 Re: 90th Street – “No Parking” Zone Background The City of Cottage Grove has reviewed the need for a “No Parking” zone along 90th Street, extending west from Hadley Avenue to Greene Avenue. This issue was raised to staff by a resident concerned about vehicles hindering students’ ability to safely walk to Pine Hill Elementary School from the west. The location is depicted in Figure 1. The stretch is five city blocks and approximately 0.4 miles. Image 1: The proposed “No Parking” zone along the north side of 90th Street from Hadley Avenue to Greene Avenue. The area is within the Thompson’s Grove neighborhood, which was constructed in the 1950s. At this time, having sidewalks along residential streets was not a typical design standard. Understanding the lack of pedestrian facilities, an eight -foot striped shoulder was installed on Honorable Mayor, City Council, and Jennifer Levitt 90th Street “No Parking” Zone October 9, 2024 Page 2 of 2 the north side of 90th street from Hadley Avenue to Greene Avenue—the intention of which was to designate a walking route for pedestrians. When cars are parked within this striped shoulder, the intention of the pedestrian facility is lost. There were no reported issues east of Hadley Avenue, therefore this stretch was not considered. Indian Boulevard, in front of Cottage Grove Middle School and Grey Cloud Elementary, has “No Parking” signs. This also goes for Hillside Trail, in front of Hillside Elementary School. The “No Parking” signs along these school-fronted streets are more specific in that vehicles are restricted to park Monday through Friday, 7:00 AM to 9:00 AM, and 2:00 PM to 4:00 PM. Public Safety prefers these specific signs as it allows the residents some freedom during less trafficked hours and on weekends. Public Safety shows flexibility in enforcement during the summer. Recommendation It is recommended that the City Council adopt Resolution 2024-148 restricting parking on the north side of 90th Street extending from Hadley Avenue to Greene Avenue , Monday through Friday, 7:00 AM to 9:00 AM, and 2:00 PM to 4:00 PM. CITY OF COTTAGE GROVE, MINNESOTA CITY COUNCIL RESOLUTION 2024-148 RESOLUTION APPROVING A NO PARKING ZONE ALONG THE NORTH SIDE OF 90TH STREET FROM HADLEY AVENUE TO GREENE AVENUE WHEREAS, the City of Cottage Grove is concerned about the pedestrian safety along 90th street, west of Hadley Avenue; and WHEREAS, the City acknowledges that such parking restrictions will apply to all parked vehicles within the affected zone, regardless of the residency of the vehicle owner or operator. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City of Cottage Grove shall ban the parking of motor vehicles along the north side of 90th Street from Hadley Avenue to Greene Avenue within the City of Cottage Grove Monday through Friday, 7:00 AM to 9:00 AM, and 2:00 PM to 4:00 PM. BE IT FURTHER RESOLVED that the City of Cottage Grove supports full enforcement of the proposed parking restrictions by city law enforcement personnel. Passed this 16th day of October 2024. Myron Bailey, Mayor Attest: Tamara Anderson, City Clerk 1 City Council Action Request 7.H. Meeting Date 10/16/2024 Department Public Works Agenda Category Action Item Title Intersection Control at Hemingway Avenue and 79th Street Staff Recommendation Adopt Resolution 2024-149 approving the placement of stop signs for northbound and southbound traffic on Hemingway Avenue at 79th Street, which will make the intersection an all-way stop. Budget Implication N/A Attachments 1. Hemingway 79th Stop Sign Approval CC Memo 2. Hemingway 79th Stop Sign Approval Resolution To: From: Date: Re: Honorable Mayor and City Council Jennifer Levitt, City Administrator Genevieve Tester, EIT, Project Engineer October 9, 2024 Intersection Control at Hemingway Avenue and 79th Street Background City staff continually assesses how new development impacts traffic volumes. Vehicular, pedestrian, and bicycle volumes naturally fluctuate as parcels develop throughout the city. The 79th Street and Hemingway Avenue intersection exists as a two -way stop. The minor road (79th Street) stops, as the major road (Hemingway Avenue) is through traffic. There are sidewalks routing pedestrians on the south side of 79th Street and along the west side of Hemingway Avenue. See Figure 1 for the intersection location. Figure 1: 79th Street and Hemingway Avenue Intersection Aerial Honorable Mayor, City Council, and Jennifer Levitt Intersection Control at Hemingway Avenue and 79th Street October 9, 2024 Page 2 of 3 In 2021, the Grove 80 Apartment building at the northwest corner of 80th Street and Hemingway Avenue was constructed. In 2024, the northern most retail location in the commercial strip mall, at the northeast corner of 80th Street and Hemingway Avenue, was redeveloped into Dunkin/Baskin Robbins. Currently, the Trellis Senior Living Apartment building, at the southeast corner of 79th Street and Hemingway Avenue, is being constructed with an anticipated completion date of spring 2025. Discussion City staff received two requests to install a stop sign for north- and south-bound traffic on Hemingway Avenue at 79th Street, making for a four-way stop at the intersection. A pedestrian count and a vehicle count were completed in May of 2024 to compile data and better understand the traffic. Using the Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD), the intersection was evaluated on the following criteria —crashes, sight distance, pedestrian and bicycle movements, and volume. These factors are not a substitute for engineering judgement. Based on the Minnesota Department of Transportation crash mapping application, the number of recorded crashes at this intersection does not justify the need for a four-way stop, which would be five or more reported crashes in a 12 -month period or six or more reported crashes in a 36-month period. If the sight distance on the minor-road approach is hindered where, after stopping, the road user cannot see the conflicting traffic unless that conflicting cross traffic is also required to stop, a stop sign would be warranted. The footprint of the new Trellis Senior Living Apartment building is set back enough from the roadway where it does not impede on the sight distance and therefore does not justify the need for a four-way stop. Pedestrian movements support the install from a safety perspective. The respective sidewalks serve as school pedestrian routes for Crestview Elementary School and Park High School. The proximity of the Park Grove Library also invites pedestrian traffic to the intersection. According to the MN MUTCD, if the combined motor vehicle, bicycle, and pedestrian volume entering the intersection from the major-street approach is at least 300 units per hour for each of any eight hours of a typical day, and the combined volume entering the intersection from the minor-street approach is at least 200 units per hour for each of any of the same eight hours, all - way stop control may be installed. Table 1 highlights the data collected from the May 2024 traffic study. On average, stop signs on Hemingway Avenue needn’t be installed. At the peak hour, stop signs on Hemingway Avenue may be installed. MAJOR ROAD MINOR ROAD PEAK HOURLY VOLUME 624 244 AVERAGE HOURLY VOLUME 288 134 Table 1: The peak and average volume entering the intersection per hour. When the traffic count was conducted, construction was underway for the Trellis Senior Living Apartment building, therefore a percentage of the total traffic was attributable to construction traffic; however, the traffic count did not take into account the new traffic that will come with the Honorable Mayor, City Council, and Jennifer Levitt Intersection Control at Hemingway Avenue and 79th Street October 9, 2024 Page 3 of 3 completion of the Trellis Senior Living Apartment building. The 52-unit building is expected to generate four trips per day per unit or approximately 20 trips per hour. This engineering study, with the analysis of factors related to the existing operation and safety of the intersection, does not explicitly warrant a four-way stop at the 79th Street and Hemingway Avenue intersection; however, the potential to improve conditions is sought out through engineering judgement—which is the basis of decision noted in the MN MUTCD. Due to the proximity to the local public library, two school walking routes, a nd the maximum combined vehicle counts being within range for recommendation by the MN MUTCD, staff recommends approving the installation of the stop signs. Advanced warning signs of the change in traffic pattern will be posted appropriately to alert drivers that frequent this area. It is recommended that implementation of this change in traffic control is done before the new tenants of the Trellis Apartment Building move in next spring. Recommendation It is recommended that the City Council adopt Resolution 2024-149 approving the placement of stop signs for northbound and southbound traffic on Hemingway Avenue at 79 th Street. The installation of these stop signs will make the intersection an all-way stop. CITY OF COTTAGE GROVE, MINNESOTA CITY COUNCIL RESOLUTION 2024-149 RESOLUTION APPROVING THE PLACEMENT OF STOP SIGNS FOR NORTHBOUND AND SOUTHBOUND TRAFFIC ON HEMINGWAY AVENUE AT 79TH STREET WHEREAS, the intersection of 79th Street at Hemingway Avenue has had stop signs only for eastbound and westbound 79th street; and WHEREAS, due to the increase in commercial and residential development in the area; and WHEREAS, there is a significant amount of pedestrian traffic, predominately youth, routing from schools and the library; and WHEREAS, there have been resident concerns about the safety of pedestrians moving across the uncontrolled Hemingway Avenue at 79th Street; and WHEREAS, the Public Works Department found that the traffic volumes at the intersection of 79th Street and Hemingway Avenue meet the criteria for an all-way stop at the peak hour as specified in the Minnesota Manual on Uniform Traffic Control Devices. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, approves the placement of stop signs for northbound and southbound traffic on Hemingway Avenue at 79th Street. Passed this 16th day of October 2024. Myron Bailey, Mayor Attest: Tamara Anderson, City Clerk 1 City Council Action Request 7.I. Meeting Date 10/16/2024 Department Public Works Agenda Category Action Item Title Woodward Ponds 2nd Addition – Final Streets Memorandum of Understanding Staff Recommendation Approve the Memorandum of Understanding between Ravine Parkway LLC and the City of Cottage Grove. Budget Implication N/A Attachments 1. Woodward Ponds 2nd Final Streets MOU CC Memo 2. Woodward Ponds 2nd Final Streets Memorandum of Understanding To: Honorable Mayor and City Council Jennifer Levitt, City Administrator From: Crystal Raleigh, PE, Assistant City Engineer Date: October 9, 2024 Re: Woodward Ponds 2nd Addition – Final Streets MOU Background In 2021, the City of Cottage Grove entered into a Development Agreement with Ravine Parkway, LLC (Paul Donnay) to develop Woodwa rd Ponds 2nd Addition. The agreement specifies that the Developer will remove the interim bituminous wedge and pave the final wear course three years after the wedge was installed. Home construction is only partially complete on Jody Avenue in Woodward Ponds 2nd Addition between Joliet Avenue and 65th Street. For that reason, the Developer requested that this section of Jody Avenue not be required to pave the final wear course in 2024. Discussion Staff reviewed the Developer’s request and the status of construction on this section of Jody Avenue. Due to the large amount of construction traffic still anticipated on Jody Avenue, staff determined that delaying paving of final wear course would likely result in better longevity once the street is complete. In 2021, the Developer provided financial assurance in the form of a letter of credit for full project completion. Staff recalculated the letter of credit for the portion of work that will be left unfinished in 2024 and the engineering escrow for inspection of the work to occur at a future date. The Developer has agreed to providing financial assurance as follows: Recommendation City staff recommend the approval of the Memorandum of Understanding between Ravine Parkway LLC and the City of Cottage Grove. 1 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into by the City of Cottage Grove (“City”) and Ravine Parkway LLC, a Minnesota limited liability company (“Developer”). WHEREAS, the City entered into a Development Agreement with Developer for a residential development known as Woodwards Ponds Second Addition (“Development”); and WHEREAS, pursuant to Section 4.5 of the Development Agreement the Developer was required to complete the final streets in the Development once 90% of the residences have received a final certificate of occupancy or after three years, whichever occurred first; and WHEREAS, Developer has completed all of the streets in the Development but for one segment of Jody Avenue between 65th Street South and Joliet Avenue (“Jody Ave.”); and WHEREAS, Developer has not completed construction of the homes on Jody Ave. and has requested to delay the deadline for final completion of Jody Ave. only; and WHEREAS, the City is willing to accommodate Developer’s request as long as the Developer provides a letter of credit for the final street completion of Jody Ave. and pays an additional fee for the Engineering Escrow. NOW THEREFORE, it is hereby acknowledged and agreed upon by the parties that: 1. The City agrees to the delay of final completion of Jody Ave. between 65 th Street S. and Joliet Avenue until either: a. 90% of the residences have received a final certificate of occupancy; or b. September 30, 2025, whichever occurs first; and 2. Developer shall provide a letter of credit for final street construction of Jody Ave. and pay the Engineering’s Escrow, the amounts of which are described below: Site Improvement LOC Estimated Construction Cost Final Streets Construction Cost $ 71,641.00 Revised Final Streets LOC (130%): $ 93,133.30 Engineering Escrow Inspection $ 4,298.46 Total Escrow: $ 4,298.46 2 CITY: CITY OF COTTAGE GROVE By: Jennifer Levitt Its City Administrator Date: 1 City Council Action Request 7.J. Meeting Date 10/16/2024 Department Public Works Agenda Category Action Item Title Washington Conservation District and Members of the 2025-2027 East Metro Water Education Program - Agreement Staff Recommendation Approve the Agreement between Washington Conservation District and Members of the 2025-2027 East Metro Water Education Program (EMWREP). Budget Implication Stormwater Utility Fund: 2025 = $3,500. In 2026 and 2027, the fee will be increased by 4 percent each year. Attachments 1. EMWREP 2025-2027 Contract CC Memo 2. EMWREP 2025-2027 Contract-signed To: Honorable Mayor and City Council Jennifer Levitt, City Administrator From: Joe Fox, PE, Project Engineer Date: October 8, 2024 Subject: Approval of the Agreement between Washington Conservation District and Members of the 2025-2027 East Metro Water Education Program (EMWREP) Background Cottage Grove is mandated by the State of Minnesota to educate city residents about stormwater. Through the MS4 permit administered by the Minnesota Pollution Control Agency, the city is required to educate residents about how everyday items can pollute stormwater. The list of possible pollutants includes grass clippings, leaves, and dog feces as well as oil and gas, fertilizer, and the salt we use to melt ice. Discussion The city has been part of the East Metro Water Resources Education Program since 2007, a year after its inception. EMWREP provides educational resources to Cottage Grove and 29 other government entities that have an interest in protecting stormwater from pollution. All Cottage Grove MS4 education requirements are met through the work of EMWREP staff. The annual fees charged by EMWREP pay for knowledgeable, creative educators to develop and implement action-oriented programming for residents. The organization’s goals are to educate and engage residents who then take action to keep stormwater clean and in so doing protect lakes, rivers, streams, and wetlands. The goals also include sound management of aquifers to ensure clean drinking water. EMWREP is part of the Washington Conservation District. The attached agreement covers three years: 2025 through 2027. The annual fee charged to Cottage Grove will be $3,500 in 2025. In 2026 and 2027, the fee will be increased by 4 percent in each year. Recommendation City staff recommend approval of the Agreement between Washington Conservation District and Members of the 2025-2027 East Metro Water Education Program (EMWREP). Contract Number: 25-EMWREP AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF THE 2025-2027 EAST METRO WATER EDUCATION PROGRAM (EMWREP) A. PARTIES This Agreement is made and entered into by Washington Conservation District, hereinafter referred to as HOST, and members of the East Metro Water Education Program (EMWREP), hereinafter referred to individually as a PARTNER. A PARTNER is defined as an entity that executes this agreement, and this Agreement provides for the withdrawal or addition of PARTNERS to EMWREP. Eligible PARTNERS include counties, watershed organizations, lake improvement districts, and municipalities within the Twin Cities East Metro and Lower St. Croix Watershed of Minnesota. B. PURPOSE WHEREAS, the PARTNER and the HOST have a common objective of educating the citizens of the East Metro and Lower St. Croix Watershed about water resource, stormwater, and groundwater management in order to improve water quality; and WHEREAS, the PARTNER has identified a need for education assistance; and WHEREAS, counties, watershed organizations, lake improvement districts, and municipalities within the East Metro and Lower St. Croix Watershed have education components in their respective watershed management plans; and WHEREAS, 25 communities in Washington County and 5 communities within the Lower St. Croix portions of Anoka, Chisago and Isanti Counties are required to obtain a Municipal Separate Storm Sewer System (MS4) Permit from the Minnesota Pollution Control Agency (MPCA), which requires nonpoint source pollution education; and WHEREAS, the PARTNER agrees it is in its best interest to define its respective responsibilities and obligations; and WHEREAS, the PARTNER agrees that collaborative efforts are needed to more effectively and efficiently deliver water resource education and meet MS4 permit education requirements; and WHEREAS, the PARTNER requests assistance from the HOST to implement the policies specified in MINN. STAT. §§ 103A.206; and WHEREAS, the HOST is authorized to enter agreements to provide such assistance pursuant to MINN. STAT. §§ 103C.331, SUBD. 3 and 7. NOW, THEREFORE, the PARTNER agrees as follows: C. TERM OF CONTRACT The term of this agreement shall be from January 1, 2025 to December 31, 2027 unless extended or terminated earlier as provided herein. D. MEMBERSHIP STRUCTURE In accordance to the program goals of collaboration and partnership, entities may become a PARTNER by signing the Signature Page at the end of this Agreement. A new PARTNER shall apply to the HOST and sign a separate contract and its signature page shall be attached to the original document. The HOST will coordinate with each PARTNER, update the project budget, and distribute it to each PARTNER. 2 Each PARTNER will assign a member to the EMWREP Steering Committee. This Committee will assist the EMWREP Coordinator and HOST to prepare the Annual Workplan, Annual Budget, and Annual Report. A Membership Summary will be included in the Annual Report prepared by the HOST. E. SCOPE OF SERVICES The HOST will perform for the PARTNER the services and furnish and deliver work products generally described in Exhibit A, attached and made part of this agreement. Services for a specific PARTNER will be defined in the Annual Workplan developed as described in Exhibit A. PARTNER-specific services will constitute approximately 15% of the total Annual Workplan. Eighty-five (85) percent of the total Annual Workplan will be committed to shared, multi-jurisdictional benefit educational activities. F. COST In full consideration for services under this agreement, the PARTNER shall provide its portion of the annual costs to the HOST in accordance with the executed Signature Page at the end of this Agreement. The total annual budget for the program is as shown in Exhibit B with contributions outlined in Paragraph G. If all PARTNER contributions total less than the Total Budget, educational material expenses not otherwise paid for will not be incurred. PARTNER’s annual contribution may be increased from the amount stated in the Signature Page at the end of the Agreement only with approval of PARTNER’s governing body. G. FUNDING STRUCTURE Each PARTNER is suggested to contribute annually in accordance with the following funding structure. County or SWCD (Population > 100,000): $16,300/year County or SWCD (Population < 100,000): $8,000/year County or SWCD partially within the Lower St. Croix watershed: $1,600/year Small Watershed Districts (Taxable Market Value < $1 Billion): $16,000/year Medium Watershed Districts (TMV $1-5 Billion): $24,500/year Large Watershed Districts (TMV >$5 Billion): $32,000/year Watershed Management Organizations and Lake Improvement Districts: $8,000/year Large MS4 Cities (Population > 5,000): $3,500/year Small MS4 Cities (Population > 5,000): $900/year An annual COLA/infllation adjustment of 4% will be added for year 2 and year 3 of the agreement. In-kind matches from existing educational staff from within partner organizations are also encouraged. The WCD shall provide $16,172.82 of in-kind match to the program per year. As shown in Exhibit B, PARTNER contributions will be reviewed and adjusted on an annual basis, as needed. H. PAYMENTS 1. The services in Exhibit A provided by the HOST will be billed in accordance to Exhibit B. Invoices will be sent on a quarterly basis and will summarize the work performed. Invoices are payable within 60 days. 2. Office supplies, in-house reproduction expenses, and transportation are included in the overhead noted above. Out source reproduction, special bulk mailings and other direct costs beyond the actual current budget as established in accordance with the Annual Workplan (the combined contributions of each PARTNER) noted in Paragraph F are to be reimbursed at actual cost with prior approval from the PARTNERs. 3 I. EQUAL EMPLOYMENT OPPORTUNITY- CIVIL RIGHTS During the performance of this Agreement, the HOST agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance, criminal record, creed or national origin, be excluded from full employment rights in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity under the provisions of and all applicable federal and state laws against discrimination including the Civil Rights Act of 1964. J. STANDARDS The HOST shall comply with all applicable Federal and State statutes and regulations as well as local ordinances now in effect or hereafter adopted. Failure to meet the requirements of the above may be cause for cancellation of this contract effective the date of receipt of the Notice of Cancellation. K. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purpose in the course of the HOST’s performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The HOST agrees to abide by these statutes, rules and regulations and as they may be amended. L. AUDITS, REPORTS, AND MONITORING PROCEDURES The HOST will: 1. Maintain records that reflect all revenues, cost incurred and services provided in the performance of the Agreement. 2. Agree that the County, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to the rights to examine audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the HOST which are relevant to the contract. The annual audit conducted for the Washington Conservation District that includes EMWREP activities. M. INDEMNITY No party to this Agreement agrees to be responsible for the acts or omissions of another, its agents, officials, contractors or employees within the meaning of Minnesota Statutes section 471.59, subdivision 1a. Each PARTNER and HOST will hold harmless, defend and indemnify all other parties to this Agreement, their officers, board members, employees and agents for any and all damage, liability, cost or claim (including reasonable attorneys’ fees) to the extent it is the result of its negligent act or of another action or inaction that is the basis for its liability in law or equity. The PARTNER agrees to provide proof of contractual liability insurance upon request. This paragraph does not constitute a waiver or otherwise diminish, any statutory or common law defense, immunity or limit on liability any PARTNER or HOST may enjoy as against any third party. N. INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the HOST as the agent, representative, or employee of PARTNER organization for any purpose or in any manner whatsoever. The HOST is to be and shall remain an independent contractor with respect to all services performed under this Agreement. 4 The HOST represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the HOST or other person, while engaged in the performance of any work or services required by the HOST under this Agreement, shall have no contractual relationship with the PARTNER and shall not be considered employees of the PARTNER. O. MODIFICATIONS Any material alteration or variation shall be reduced to writing as an amendment and signed by the parties. Any alteration, modification, or variation deemed not to be material by written agreement of the HOST and the PARTNER shall not require written approval. Contract extensions will be handled as a material alteration. P. MERGER It is understood and agreed that the entire agreement of the parties is contained here, except as modified during the term of the Agreement by a writing under Paragraph O above concerning a non-material change, and that this contract supersedes oral agreements and negotiations between the parties relating to this subject matter. All items referred to in this contract are incorporated or attached and deemed to be part of the contract. Q. TERMINATION This Agreement will commence when executed by HOST and all PARTNERS and will continue until terminated. The Agreement will commence with respect to each additional PARTNER on that PARTNER’S execution of a signature page acceding to the terms of the Agreement. This Agreement will terminate immediately upon completion of the activities enumerated herein and the program duration expires. Any party to this Agreement may withdraw participation on an agreement-year basis with 60 days written notice to HOST prior to the annual anniversary date of the Agreement, with the actual termination date falling on the anniversary date. Pro-rated contributions will be returned to the terminated or terminating PARTNER. The HOST will promptly notify all PARTNERS of any PARTNER’s termination. Termination by any one PARTNER will not constitute the termination of this Agreement. If HOST determines that PARTNER termination has resulted in inadequate funds to deliver the work products generally described in Exhibit A, the HOST will terminate the Agreement effective the anniversary date unless adequate funds can be procured. Termination by the HOST will constitute termination of this Agreement in whole and pro-rated contributions will be returned to each PARTNER. R. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All property of the HOST or a PARTNER used, acquired or created in the performance of work under this Agreement, including documents and records of any kind, shall remain the property of the HOST and the PARTNER providing the property. The HOST and PARTNERS shall jointly own and each party has the individual right to use, sell, license, publish, or otherwise disseminate any product developed in whole or in part during the performance of work under this Agreement. Durable goods purchased by the HOST, such as office equipment and computers, shall remain the property of the HOST. 5 CONTRACT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF EMWREP HOST: Washington Conservation District PARTNER: City of Cottage Grove Annual Contribution Amount*: $3500 *An annual COLA/infllation adjustment of 4% will be added for year 2 and year 3 of the agreement. Contract start date: January 1, 2025 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. APPROVED: PARTNER HOST BY: ____________________________________ BY:_____________________________________ Name WCD Manager Date ____________________________________ Title BY: ____________________________________ Name ____________________________________ Title Approval as to form and execution: _________________________________________ Date 9-12-24 6 EXHIBIT A SCOPE OF SERVICES EMWREP HOST responsibilities: 1. Hire, employ and supervise Water Resource Educators that will successfully serve the education needs as prescribed herein. 2. Obtain financial reimbursement from each PARTNER as prescribed in this agreement. 3. Work in good faith to achieve the goals identified in this agreement. 4. Maintain a strict accounting of all financial transactions. 5. Develop and disseminate annual summaries of accomplishments and budgetary analysis to EMWREP partners. 6. Provide office space, office furniture, computer, transportation, and phone. Equipment purchased by the HOST will remain the property of the HOST following the term of this agreement. PARTNER responsibilities: 1. Provide a single representative to the EMWREP Steering Committee. This person shall actively participate in the Steering Committee and assist in employee selection, Annual Workplan Development, and other tasks as needed. 2. Provide funds for the EMWREP Program described herein. 3. Provide appropriate and timely feedback to the HOST manager regarding the performance of the Water Resource Educator/s. 4. Share equipment, staff, and educational resources to facilitate Education Program planning and implementation. 5. As initiated by the HOST, discuss the progress of the Water Resource Educator/s and agree to take any action that is appropriate to ensure the successful fulfillment of project objectives. 6. Work with the Water Resource Educator/s to ensure that services are being used to address high priorities at the local level. EMWREP staff responsibilities: 1. Prepare, coordinate, and revise EMWREP Work Plan annually with the EMWREP Steering Committee. 2. Review and advise PARTNERS annually on educational aspects relevant to their water plans. 3. Develop annual plan of work with the EMWREP Steering Committee. Workplan will reference MS4 education programs and PARTNERS water and education plans. 4. Implement annual work plan, including planning, implementing, evaluating, and reporting on such anticipated activities as presentations, workshops, in-field training, demonstration projects, and published materials. 5. Pursue grants and other funding sources to enhance the EMWREP Program. 6. Coordinate with “Watershed Partners” and other entities conducting water resource education efforts to minimize overlap and maximize effectiveness. 7. Maintain educational information share on website, social, media, and print communications. 8. Present papers as appropriate at professional meetings within Minnesota. 9. Prepare annual education report (which meets MS4 requirements) and conduct shared MS4 annual meetings for participating EMWREP members. 7 EXHIBIT B BUDGET SHARED WATER RESOURCE EDUCATION PROGRAM ANNUAL BUDGET Staff Support and Overhead Expenses Materials Total $232,000 $15,000 $247,000 MEMBERSHIP STRUCTURE AND FUNDING CONTRIBUTIONS Partner 2025 Contribution Watershed Management Organizations Browns Creek Watershed District $24,500 Carnelian-Marine-St. Croix Watershed District $16,000 Chisago Lakes Improvement District $8,000 Comfort Lake – Forest Lake Watershed District $24,500 Middle St. Croix Watershed Management Organization $8,000 Ramsey-Washington Metro Watershed District $16,000 Rice Creek Watershed District $24,500 South Washington Watershed District $32,000 Valley Branch Watershed District $24,500 Counties Chisago County $8,000 Isanti County $1,600 Washington County $16,300 Soil & Water Conservation Districts Chisago Soil and Water Conservation District $8,000 Isanti Soil and Water Conservation District $1,600 Cities & Townships City of Afton $900 City of Bayport $900 City of Cottage Grove $3,500 City of Dellwood $900 City of Forest Lake $3,500 City of Grant $900 City of Hugo $3,500 City of Lake Elmo $3,500 City of Newport $900 City of Oak Park Heights $900 City of Oakdale $3,500 City of St. Paul Park $900 City of Stillwater $3,500 City of Willernie $900 City of Woodbury $3,500 City of Wyoming $900 West Lakeland Township $900 TOTAL $247,000 1 City Council Action Request 7.K. Meeting Date 10/16/2024 Department Public Works Agenda Category Action Item Title 2025-2026 Service Agreement - Washington Conservation District Staff Recommendation Approve the 2025-2026 Service Agreement between Washington Conservation District and the City of Cottage Grove. Budget Implication Task 1, estimated at $83,727 over two years, and Task 2, $6,000 program coordination fee, will be funded from the developers' engineering escrows. Attachments 1. Washington Conservation District 2025-2026 Service Agreement CC Memo 2. Washington Conservation District 2025-2026 Service Agreement To: Honorable Mayor and City Council Jennifer Levitt, P.E., City Administrator From: Joe Fox, P.E., Project Engineer Date: October 8, 2024 Re: Approval of the 2025-2026 Service Agreement between Washington Conservation District and the City of Cottage Grove Discussion The city is required by its MS4 Permit with the state to inspect construction sites and ensure compliance with regulations regarding erosion and sediment control. These regulations are designed to protect water quality by preventing sediment and other pollutants from washing off construction sites into streets, storm sewers, ponds, and water bodies. Developers and their contractors install measures to prevent this type of stormwater pollution. These measures usually include silt fence around the perimeter , rocked construction entrances, and erosion control blankets on recently graded slopes. For the past four years, Washington Conservation District (WCD) staff have conducted the required inspections for the city. Following state rules, the WCD staff inspects sites once or twice each month during construction season to determine if the sediment and erosion control measures are functional. The WCD has been a good partner. Their inspectors are conscientious and thorough. The inspection program strengthens the connection between Cottage Grove and the WCD, which is an important environmental agency in the county. The attached Service Agreement extends the WCD’s inspection services in the city for another two years (2025 and 2026). In Exhibit A of the Agreement, Task 1, estimated at $83,727 over two years, covers the on -site inspections. The $6,000 program coordination fee (Task 2) covers administrative and planning activities. The fees for both tasks will continue to be charged against the engineering escrow that each developer submits to the city. The city does not bear any of the direct costs of this contract. Recommendation City staff recommend the approval the 2025-2026 Service Agreement between Washington Conservation District and the City of Cottage Grove. Contract Number: 25-01 CG 2025-2026 SERVICE AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND THE CITY OF COTTAGE GROVE A. PARTIES This Agreement is made and entered into by Washington Conservation District, (WCD), and the City of Cottage Grove (CG). B. PURPOSE WHEREAS, CG has requested assistance from the WCD to implement the policies specified in MINN. STAT. §§ 103A.206 and 103D.201; and WHEREAS, the WCD is authorized to enter agreements to provide such assistance pursuant to MINN. STAT. §§ 103C.331, SUBD. 3 and 7 and 103D.335, subd. 21. NOW, THEREFORE, the parties agree as follows: C. TERM OF CONTRACT The term of this agreement shall be from January 1, 2025 to December 31, 2026 unless extended or terminated earlier as provided herein. D. SCOPE OF SERVICES The WCD will perform all services and furnish and deliver work products generally described in the attached Exhibits. E. COST In full consideration for services under this agreement, the WCD shall charge CG for its services at the rate(s) set forth in Section F. Costs for services for activities detailed in the attached Exhibits shall not exceed: Exhibit A: Task 1 Erosion and Sediment Control Inspection Services - $83,727 Exhibit A: Task 2 Erosion and Sediment Control Program Coordination - $6,000 Total 2025-2026 Agreement: $89,727 Any additional costs for special studies or capital projects must be set forth in a written amendment to this Agreement. F. BILLING RATE AND PAYMENTS 1. Services in Exhibit A Task 1 are billed on an hourly basis at the rate of $48.00 to $109.00 per hour, based on personnel and task, for 2025. Rates may be increased by no more than 8% for 2026 without a contract amendment. Seasonal $48.00 Technician 1 $69.00 Technician 1/2 $73.00 Technician 1/2, Specialist 1 $77.00 Technician 2, Specialist 1/2 $82.00 Specialist 1/2/3 $87.00 Specialist 2/3/4 $92.00 Specialist 3/4, Engineer $97.00 Administrator, Manager $109.00 Invoices for Exhibit A Task 1 will be sent on a monthly basis and will list specifically the work performed. Services in Exhibit A Task 2 are billed on a lump sum basis twice per year, according to the invoice schedule below: Payment Amount Invoice Date 1 $ 1,500.00 March 1, 2025 2 $ 1,500.00 September 1, 2025 3 $ 1,500.00 March 1, 2026 4 $ 1,500.00 September 1, 2026 2. Invoices are payable by CG within 60 days. 3. Office supplies, normal office reproduction expenses, and transportation are included in the hourly rate. Other expenses are to be reimbursed at actual cost. G. EQUAL EMPLOYMENT OPPORTUNITY- CIVIL RIGHTS During the performance of this Agreement, the WCD agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance, criminal record, creed or national origin, be excluded from full employment rights in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity under the provisions of and all applicable federal and state laws against discrimination including the Civil Rights Act of 1964. H. STANDARDS The WCD shall comply with all applicable Federal and State statutes and regulations as well as local ordinances now in effect or hereafter adopted. Failure to meet the requirements of the above may be cause for cancellation of this contract effective the date of receipt of the Notice of Cancellation. I. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purpose in the course of the WCD’s performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota 1984, Section 13.01, et seq. Or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The WCD agrees to abide by these statutes, rules and regulations and as they may be amended. J. AUDITS, REPORTS, AND MONITORING PROCEDURES The WCD will: 1. Maintain records that reflect all revenues, cost incurred and services provided in the performance of the Agreement. 2. Agree that the County, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to the rights to examine audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the WCD which are relevant to the contract. K. INDEMNITY The WCD and CG mutually agree, to the fullest extent permitted by law, to indemnify and hold each other harmless for any and all damages, liability or cost (including reasonable attorneys’ fees and costs of defense) arising from their own negligent acts, errors or omissions in the performance of their services under this agreement, to the extent each party is responsible for such damages and losses on a comparative basis of fault. Parties agree to provide proof of contractual liability insurance upon request. This paragraph does not diminish, with respect to any third party, any defense, immunity or liability limit that the WCD or CG may enjoy under law. L. INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the WCD as the agent, representative, or employee of CG for any purpose or in any manner whatsoever. The WCD is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The WCD represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the WCD or other person, while engaged in the performance of any work or services required by the WCD under this Agreement, shall have no contractual relationship with CG and shall not be considered employees of CG. M. MODIFICATIONS Any material alteration or variation shall be reduced to writing as an amendment and signed by the parties. Any alteration, modification, or variation deemed not to be material by written agreement of the WCD and CG shall not require written approval. N. MERGER It is understood and agreed that the entire agreement of the parties is contained here, except as modified during the term of the Agreement by a writing under Paragraph M above concerning a non-material change, and that this contract supersedes oral agreements and negotiations between the parties relating to this subject matter. All items referred to in this contract are incorporated or attached and deemed to be part of the contract. O. TERMINATION Either the WCD or CG may terminate this Agreement with or without cause by giving the other party thirty (30) days written notice prior to the effective date of such termination. If CG terminates this Agreement, it may specify work to be performed by the WCD before termination is effective and shall pay the WCD for services performed by the WCD up to the time specified for termination. If the WCD terminates the Agreement, it will not be compensated for part completion of a task except to the extent partial completion has value to CG. P. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All property of CG used, acquired or created in the performance of work under this Agreement, including documents and records of any kind, shall remain the property of CG. CG shall have the sole right to use, sell, license, publish, or otherwise disseminate any product developed in whole or in part during the performance of work under this Agreement. 2025-2026 SERVICE AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND THE CITY OF COTTAGE GROVE IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. APPROVED: WCD BY: _________________________________ WCD Manager Date 2025-2026 SERVICE AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND THE CITY OF COTTAGE GROVE IN WITNESS WHEREOF, the parties have caused this Consent to be executed on the date aforementioned. CITY: CITY OF COTTAGE GROVE By: Myron Bailey Mayor By: Tamara Anderson City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this _____ day of _______________, 2024, before me a Notary Public within and for said County, personally appeared Myron Bailey and Tamara Anderson to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Cottage Grove, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public EXHIBIT A 2025-2026 TECHNICAL SERVICES FOR EROSION AND SEDIMENT CONTROL INSPECTIONS At the request of CG the WCD shall furnish the following services under the terms of the AGREEMENT. TASK 1. Site Inspections, Data Collection, and Enforcement The WCD will coordinate with CG to obtain a list of construction sites for inspection. The WCD will bill inspection activities to specific construction sites and provide a list of inspection time itemized by construction site. The WCD will conduct site inspections, collect inspection data digitally (using a digital version of the MPCA NPDES inspection form), and distribute follow-up reports to construction site contacts and CG, per the list of sites provided by CG. Inspection reports and data will be stored in an ArcGIS Online based database produced and maintained by South Washington Watershed District. Inspections will generally occur at active sites twice per month, at inactive sites once per month, and sites with a history of non-compliance will be prioritized for inspection following rain/runoff events greater than 0.5” in 24 hours, until the site is complete and fully stabilized. WCD staff will coordinate with construction site contacts for site meetings, corrective actions, and follow up inspections. CG will provide enforcement support through city engineering and building departments through the use of stop -work orders, withholding building inspections, and withholding Certificates of Occupancy (CO) when compliance is not achieved after three non-compliance reports. CG will change the list of sites to be inspected as needed. Inspection cost estimates based on anticipated active sites can be found in the table below. Work performed under this task will be billed hourly and invoiced monthly as outlined in Paragraph F. Estimated 2025-2026 Budget for Task 1: $83,727 Site Name Site Type Estimated Site Size (Acres) Status Estimated Annual Inspections Needed* Hours Per Inspection Annual Total Hours 2025-2026 Estimated Hourly Rate Annual Estimated Cost 3M Project Medium Project/Development 7 Active 5 1.5 8 $63 $473 Calarosa 5th Addition Large Project/Development 38 Active 10 1.75 18 $63 $1,103 Calarosa 6th Addition Large Project/Development 20 Active 18 1.5 27 $63 $1,701 Cardinal Reserve Medium Project/Development 21 Active 18 1.5 27 $63 $1,701 Eastbrooke 2nd Addition Medium Project/Development 20 Active 18 1.5 27 $63 $1,701 Eastbrooke 3rd Addition Medium Project/Development 20 Active 18 1.5 27 $63 $1,701 Glacial Valley 1st Addition Medium Project/Development 20 Active 18 1.5 27 $63 $1,701 Glacial Valley 2nd Addition Medium Project/Development 20 Active 18 1.5 27 $63 $1,701 Graymont Village 1st Addition Medium Project/Development 30 Active 18 1.75 32 $63 $1,985 Graymont Village 2nd Addition Medium Project/Development 30 Active 18 1.75 32 $63 $1,985 Hawthorne 2nd Addition Large Project/Development 53 Active 18 2 36 $63 $2,268 Hawthorne 3rd Addition Medium Project/Development 20 Active 18 1.5 27 $63 $1,701 Hinton Woods Medium Project/Development 34 Active 18 1.75 32 $63 $1,985 Mississippi Landing Large Project/Development 140 Active 40 3 120 $63 $7,560 Placeholder 1- 75-100 lots Large Project/Development 60 Inactive 10 2 20 $63 $1,260 Placeholder 2- 75-100 lots Large Project/Development 60 Inactive 10 2 20 $63 $1,260 Placeholder 3- Commercial Medium Project/Development 10 Inactive 10 1.5 15 $63 $945 Placeholder 4- Commercial Medium Project/Development 10 Inactive 10 1.5 15 $63 $945 Ravine Crossing Medium Project/Development 30 Active 18 1.75 32 $63 $1,985 Rolling Meadows Medium Project/Development 20 Active 18 1.5 27 $63 $1,701 Settler’s Bluff 2nd Addition Medium Project/Development 35 Active 10 1.75 18 $63 $1,103 Summer Valley Medium Project/Development 25 Active 18 1.5 27 $63 $1,701 Woodward 2nd Addition Medium Project/Development 13 Active 18 1.5 27 $63 $1,701 2025 Estimated Total 23 375 665 $41,864 2025-2026 Estimated Total 23 750 1,329 $83,727 *Estimated twice per month March through November for sites expected to be active all year. Sites carried over from 2024 are estimated based on end of year project completeness. 2025 Cottage Grove Erosion Control Site List TASK 2. Program Coordination and Reporting Any activities not billable to a specific construction site, such as rapid drive-by inspections, coordination time, and data management will be billed to this task. Following frozen soil conditions and the final round of field inspections, the WCD will summarize inspection data and prepare an annual report. The report will include metrics such as the number of inspections completed, rates of compliance, and whether or not compliance increased or decreased over the inspection season. Scheduled lump sum payments will be provided by CG as described in Paragraph F. 2025-2026 Budget for Task 2: $6,000 TOTAL BUDGET FOR 2025-2026 EROSION AND SEDIMENT CONTROL INSPECTIONS: $89,727 1 City Council Action Request 7.L. Meeting Date 10/16/2024 Department Community Development Agenda Category Action Item Title Oltman Middle School – Stormwater Maintenance Agreement Staff Recommendation Approve the Stormwater Management Facilities Agreement between the City of Cottage Grove and Independent School District #833. Budget Implication N/A Attachments 1. Oltman Stormwater Agreement CC Memo 2. Oltman Stormwater Management Facilities Agreement TO: Honorable Mayor and City Council Jennifer Levitt, City Administrator FROM: Conner Jakes, Planner DATE: October 10, 2024 RE: Oltman Middle School – Stormwater Maintenance Agreement Background Site plan and conditional use approvals were granted for the construction of Oltman Middle School in 2017. As part of the development, the school district installed an irrigation system which uses water from the adjacent public stormwater pond. The School District is currently working through plans for two additions to the school, one on the south side of the building and one on the west side of the building. The city’s Municipal Separate Storm Sewer System (MS4) permit with the state dictates that the city must enter into a Stormwater Maintenance Agreement with owners of private stormwater facilities. Such an agreement was not signed as part of the initial school construction in 2017. In the current phase of expansion, the school district is lining the city’s existing stormwater pond to ensure it holds sufficient water for their irrigation needs as well as other upgrades to the system. The school district is using the irrigation system to partially meet the stormwater treatment requirements of this building and the grounds. The agreement outlines maintenance and operation requirements of the irrigation and stormwater reuse system. Recommendation Approve the Stormwater Management Facilities Agreement. Attachments Stormwater Management Facilities Agreement 1 (Reserved for Recording Data) STORMWATER MANAGEMENT FACILITIES AGREEMENT This Stormwater Management Facilities Agreement (“Agreement”) is made, entered into and effective this ____ day of _________________, 2024, by and between the City of Cottage Grove, a Minnesota municipal corporation (“City”) and Independent School District 833, a Minnesota public corporation (“School District”). WHEREAS, the City owns real property situated within Washington County, Minnesota described as follows: Outlot B, New Oltman Middle School PID: 06.027.21.32.0004 (“City Property”). WHEREAS, the School District owns real property situated within Washington County, Minnesota described as follows: Lot 1, Block 1, New Oltman Middle School PID: 06.027.21.31.0002 (“School District Property”). WHEREAS, the School District has an easement to use the stormwater pond on City Property for an irrigation system that benefits School District Property, pursuant to an Easement Agreement, recorded in Washington County property records as Document Number 4269589 (“Easement Agreement”); and WHEREAS, School District has obtained the approval from the City to use the components of its irrigation system and pumps that are on City Property pursuant to the Easement Agreement 2 in order to comply with the requirements for stormwater management for the benefit of School District Property; and WHEREAS, as used herein, the term “Stormwater Management Facilities” refers to an irrigation and stormwater reuse system that utilizes the stormwater pond located on City Property, and which includes the stormwater pond, pond liners, pump, irrigation pipes, lines, filters, valves and heads, as well as the associated conduits, facilities and improvements necessary to make the system operational; and WHEREAS, the City has required that the School District make provision for the construction, maintenance and repair of the Stormwater Management Facilities as the same is described and depicted in those certain construction plans and maintenance and operations manual which must be approved by the City Engineer and kept on file with the City (“Plans”); and WHEREAS, the City and School District desire to set forth their understanding with respect to the construction, repair and maintenance of the Stormwater Management Facilities and the responsibility relating to the costs of the repair and maintenance of the Stormwater Management Facilities. NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Construction and Maintenance of Stormwater Management Facilities. The School District agrees to construct the Stormwater Management Facilities according to the Plans and repair and maintain the Stormwater Management Facilities at its sole cost and expense. Maintenance of the Stormwater Management Facilities shall mean an annual inspection , and certification, by a qualified individual or company acceptable to the City that the irrigation and stormwater reuse system is functioning in accordance with the approved Plans. If, as a result of an inspection by a qualified individual or company acceptable to the City or City staff, it is determined that the Stormwater Management Facilities (1) has not been maintained; or (2) is not functioning as originally designed and intended; or (3) is in need of repair; or 4) that the School District is not reusing stormwater from the pond but is instead using potable water, the School District agrees to restore the Irrigation System so that it functions as it was designed and intended. Subject to Section 5 below, School District shall be solely responsible for the repair and maintenance of the Stormwater Management System and shall provide a copy of the required annual inspection report to the City. If the required annual inspection report is not submitted to the City by September 30th of each year, the School District shall provide the City with the right to enter onto the property to conduct the annual inspection. 2. School District’s Default. In the event of default by the School District as to any of the work to be performed by it hereunder, following at least thirty (30) days prior written notice and School District’s failure to cure such default within such time-frame, except in an emergency as determined by the City, the City may, at its option, perform the work and the School District shall promptly, following receipt of an invoice and reasonable substantiation of such costs, reimburse the City for any reasonable out-of-pocket expense incurred by the City. This Agreement is a license for the City to act when so authorized under this Agreement, and it shall not be 3 necessary for the City to seek a Court order for permission to enter the Property. When the City does any such work, the City may, in addition to its other remedies, assess the reasonable out-of- pocket cost in whole or in part. 3. Future City Policy. Notwithstanding anything contained in this Agreement to the contrary, in the event the City shall in the future establish a policy for repair and m aintenance by the City of Stormwater Management Facilities owned by private parties located elsewhere in the City under which policy the costs of such repair and maintenance are to be paid either out of general City revenues or by collection of utility or service fees or charges, then any owner of any portion of the Property shall be entitled to petition the City for the inclusion of the Stormwater Management Facilities under such repair and maintenance program. The recording of a certified copy of the Resolution of the City Council of the City which sets forth the consent and authorization described in the foregoing sentence shall serve to terminate this Agreement, without further action on the part of any party hereto. 4. Changes to Site Configuration or Stormwater Management Facilities. If site configurations or Stormwater Management Facilities change, causing decreased effectiveness of Stormwater Management Facilities, new or improved Stormwater Management Facilities must be implemented to ensure the conditions for post-construction stormwater management continue to be met. 5. Exempt from Watering Restrictions. Because this Agreement is necessary in order for School District to comply with stormwater management requirements, School District shall not be required to comply with the City’s watering restrictions in City Code Section 8-1-10.B. 6. Terms and Conditions. The terms and conditions of this Agreement shall be binding upon and shall insure to the benefit of the parties hereto and their respective successors and assigns. 7. School District Warranty. School District warrants and represents the following to the City and acknowledges that this Agreement has been duly executed and delivered and constitutes the legal, valid and binding obligation of School District enforceable in accordance with its terms. The party signing on behalf of the School District has been duly authorized by the entity to sign the Agreement and bind the entity. School District has been duly formed under the laws of the State of Minnesota and is in good standing under the laws of the jurisdiction in which the Property is located, is duly qualified to transact business in the jurisdiction in which the Property is located, and has the requisite power and authority to enter into and perform this Agreement and the documents and instruments required to be executed and delivered by School District pursuant hereto. This Agreement and the documents and instruments required to be executed and delivered by School District pursuant hereto have each been duly authorized by all necessary action on the part of School District and such execution, delivery and performance does and will not conflict with or result in a violation of School District’s organizational agreement or any judgment or order. The execution, delivery and performance by School District of this Agreement will not (a) violate any provision of any law, statute, rule or regulation or any order, writ, judgment, injunction, decree, determination or award of any court, governmental agency or arbitrator presently in effect having applicability to School District, or (b) result in a breach of or 4 constitute a default under any indenture, loan or credit agreement or any other agreement, lease or instrument to which School District is a party or by which it or any of its properties may be bound. 8. Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by another with any of the covenants contained in this Agreement, waive performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 10. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 11. Consent. School District consents to the recording of this Agreement. 12. Indemnification and Limitation of Liability. a. District Obligations. School District agrees to defend, indemnify and hold City, its elected and appointed officials, officers, and employees harmless against and from any and all losses, claims, actions, damages, expenses or liabilities, including reasonable attorney’s fees, arising out of or in any way connected with the School District’s performance of this Agreement. b. City’s Obligations. City agrees to defend, indemnify and hold School District, its officer, agents, employees and volunteers harmless against and from any and all losses, claims, actions, damages, expenses or liabilities, including reasonable attorney’s fees, arising out of or in any way connected with City’s negligent performance of this Agreement. c. Limit of Liability. Nothing contained herein shall be deemed a waiver by the City or School District of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by a third party shall be subject to any governmental immunity defenses of the City and School District and the maximum liability limits provided by Minnesota Statute, Chapter 466. 13. Notice. Notice shall mean notices given by one party to the other if in writing and if and when delivered or tendered: (i) in person; (ii) by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges 5 prepaid, or (iii) by proper and timely delivery to an overnight courier service addressed by name and address to the party or person intended addressed as follows: If to City: City of Cottage Grove Attention: City Administrator 12800 Ravine Parkway South Cottage Grove, MN 55016 If to School District: Independent School District 833 Attention: Superintendent 7362 E. Point Douglas Road South Cottage Grove, MN 55016 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, on the third day after mailing if mailed by United States postal service as provided above, or within twenty-four (24) hours if sent via overnight courier service provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. [The remainder of this page was intentionally left blank.] 6 IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the day and year first above written. CITY: CITY OF COTTAGE GROVE By: Myron Bailey Its Mayor By: Tamara Anderson Its City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2024, before me a Notary Public within and for said County, personally appeared Myron Bailey and Tamara Anderson to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Cottage Grove, the municipality named in the foregoing instrument, and that the said instrument was signed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 7 SCHOOL DISTRICT: INDEPENDENT SCHOOL DISTRICT NO. 833 By: Printed Name: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was executed this ____ day of __________________, 2024, by , the of Independent School District No. 833, a Minnesota public corporation, on behalf of the corporation. Notary Public This instrument drafted by And after recording, please return to: Korine Land, #262432 LeVander, Gillen, & Miller, P.A. 1305 Corporate Center Dr., Suite 300 Eagan, MN 55121 (651) 451-1831 1 City Council Action Request 8.A. Meeting Date 10/16/2024 Department Finance Agenda Category Action Item Title Approve Disbursements Staff Recommendation Approve Disbursements from 09-27-2024 through 10-10-2024 in the amount of $1,561,696.95. Budget Implication N/A Attachments 1. Expense Approval Report 10-16-2024 Council Meeting 2. Payroll Check Register 10-16-24 Council Meeting 1 City Council Action Request 9.A. Meeting Date 10/16/2024 Department Finance Agenda Category Action Item Title Tall Weeds Assessment Hearing Staff Recommendation 1. Hold Public Hearing. 2. Adopt Resolution 2024-142, Adopting service charges for the removal of noxious weeds and plants from private property. Budget Implication N/A Attachments 1. Adopt SA Memo Tall Weeds 2024 2. Adopt Assessment Resolution Tall Weeds 2024 3. Tall Weeds Assessment Roll To: Honorable Mayor and City Council Jennifer Levitt, City Administrator From: Brenda Malinowski, Finance Director Judy Afdahl, Assistant Finance Director Date: October 16, 2024 Subject: Assessment of Removal of Weeds on Private Property Introduction City Ordinance 4-3-2 (Noxious Weeds and Plants; Height Restrictions) states that it is unlawful to allow or permit any growth of grasses or weeds, to a height greater than eight inches (8"). The City was required to contract for the abatement of these conditions on several properties and Minnesota State Statute 429.101 provides cities the ability to assess the costs associated with the removal or elimination of weeds from these private properties. Discussion In 2024, the Code Enforcement Officer issued 89 letters to property owners for violations of the City’s Noxious Weeds and Plants; Height Restrictions ordinance. The property owners were provided a five- day deadline after receipt of the letter to abate the conditions, after which the City would perform the necessary work and invoice the property owner for the cost of the mowing and an abatement fee. The City contracted with a vendor to have these properties mowed. This assessment is for the actual cost of the mowing and a tall weed abatement fee which is charged as follows: o $50.00 for first violation in 24-months. o $100.00 for second violation in 24-months commencing within first violation. o $200.00 for third and subsequent violations in 24-months commencing within first violation. At the Council Meeting on October 2nd , costs were declared, and an assessment hearing was called for October 16th for these properties. As required, an assessment notice for these weed violations was published on October 1st, 2024, and individual notices were sent to the nine property owners. Once the costs are assessed on these nine properties, they become a lien on the property that will be collected along with property taxes over a one-year period. PID Property Address Date of Mowing Abatement Abatement Reason Cost of Abatement 19.027.21.12.0083 6591 91st Alcove S 08/25/23 & 08/02/24 Tall Weeds $472.88 09.027.21.34.0047 7837 Ideal Ave S 07/26/24 Tall Weeds $247.69 16.027.21.31.0026 8582 Inwood Ave S 07/12/24 Tall Weeds $78.94 17.027.21.12.0048 8186 Hemingway Ave S 06/14/24 Tall Weeds $247.69 18.027.21.24.0002 8270 Glenbrook Ave S 06/07/24 Tall Weeds $328.97 17.027.21.14.0024 8274 Hemingway Ave S 06/14/24 Tall Weeds $288.33 17.027.21.41.0063 8557 Hinton Ave S 06/27/24 Tall Weeds $308.65 20.027.21.23.0041 9373 Hamlet Ave S 06/20/24 Tall Weeds $207.05 22.027.21.21.0007 9022 Jeffrey Ave S 06/27/24 Tall Weeds $207.05 Total $2,387.25 Recommendation Hold the public hearing and then adopt the assessment for the removal of weeds on private property. CITY OF COTTAGE GROVE CITY COUNCIL RESOLUTION 2024-142 RESOLUTION ADOPTING SERVICE CHARGES FOR THE REMOVAL OF NOXIOUS WEEDS AND PLANTS FROM PRIVATE PROPERTY WHEREAS, State Statutes provide for the assessment of costs associated with the removal or elimination of noxious weeds and plants from private property; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment. NOW THEREFORE BE IT RESOLVED, the City Council of Cottage Grove, County of Washington, State of Minnesota, as follows: 1. Such proposed assessment, in the amount of $2,387.25, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to benefit by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 1 year, at an interest rate of 7%, the first of the installments to be payable on or before the first Monday in January 2025 and shall bear interest on the entire assessment from the date of this resolution until December 31, 2025. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and she/he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15th or interest will be charged through December 31 of the next succeeding year. 4. The Director of Finance shall transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessment shall be collected and paid over in the same manner as other municipal taxes. Passed this 16th day of October 2024. ________________________ Myron Bailey, Mayor Attest: ____________________________ Tamara Anderson, City Clerk TALL WEEDS - 2024 PID Property Address Date of Mowing Abatement Abatement Reason Total 19.027.21.12.0083 6591 91st Alcove S 08/25/23 & 08/02/24 Tall Weeds 472.88 09.027.21.34.0047 7837 Ideal Ave S 7/26/2024 Tall Weeds 247.69 16.027.21.31.0026 8582 Inwood Ave S 7/12/2024 Tall Weeds 78.94 17.027.21.12.0048 8186 Hemingway Ave S 6/14/2024 Tall Weeds 247.69 18.027.21.24.0002 8270 Glenbrook Ave S 6/7/2024 Tall Weeds 328.97 17.027.21.14.0024 8274 Hemingway Ave S 6/14/2024 Tall Weeds 288.33 17.027.21.41.0063 8557 Hinton Ave S 6/27/2024 Tall Weeds 308.65 20.027.21.23.0041 9373 Hamlet Ave S 6/20/2024 Tall Weeds 207.05 22.027.21.21.0007 9022 Jeffrey Ave S 6/27/2024 Tall Weeds 207.05 2,387.25$ 1 City Council Action Request 9.B. Meeting Date 10/16/2024 Department Engineering Agenda Category Presentation Title 2024 Pavement Management Hearing Staff Recommendation 1. Conduct the Public Hearing for the 2024 Pavement Management Project. 2. Adopt Resolution 2024-143, Adopting the Assessment Roll for the 2024 Pavement Management Project. Budget Implication N/A Attachments 1. 2024-10-16 PM Assessment Hearing CC Memo 2. 2024-143 PM Adopt Assessment Roll Resolution 3. 2024 PM Assessment Roll To:Honorable Mayor and City Council Jennifer Levitt, City Administrator From:Crystal Raleigh PE, Assistant City Engineer Ryan Burfeind, Public Works Director Brenda Malinowski, Finance Director Date:October 16, 2024 Re:Conduct Public Hearing on the 2024 Pavement Management Project and Consider Adopting the Assessment Roll for the 2024 Pavement Management Project Background On May 17, 2023, the City Council authorized a feasibility report for the 2024 Pavement Management Project as outlined in the Capital Improvement Plan for the following areas: •Prestige Estates Neighborhood (1st & 2nd Additions and Prestige Estates on the Park): Streets include Jenner Avenue from 80th Street to Jocelyn Avenue; Jocelyn Avenue from 80th Street to Jenner Avenue; and 79th Street from Jocelyn Avenue to Jocelyn Avenue. The Prestige Estates roadways listed above are 29 to 34 years old. They were examined to determine their condition. In a visual inspection, the roadways showed extensive cracking, raveling, and continuous patching. The pavement cores showed asphalt stripping and severe degradation. The curb and gutter were in poor condition with approximately 40 percent of the curb requiring replacement. As with previous pavement management projects, utilities within the project limits were examined for necessary maintenance. Overall, the utilities were found to be in good condition, but some maintenance work was required. The top sections of sanitary and storm manhole structures were upgraded to meet current City standards, corroded valves were replaced as necessary, hydrants were reconditioned and repainted as necessary, and concrete hydrant pads were installed. Additionally, the condition of street light infrastructure was evaluated, and some improvements were made. A special benefit appraisal was completed in accordance with the City’s policy for those properties with direct access to the streets included in the project area. The Feasibility Report was approved, and the preparation of plans and specifications was authorized by the City Council on January 17, 2024. A neighborhood meeting was held on January 30, 2024, to discuss the various improve- ments proposed, the findings of the special benefit appraisal, and the proposed assessments. Public Hearings for the project were held on February 7, 2024, and March 20, 2024, and the project was ordered. Honorable Mayor, City Council, and Jennifer Levitt 2024 Pavement Management Project – Public Hearing, Adopt Assessment Roll October 16, 2024 Page 2 The plans and specifications were approved on February 21, 2024, and the project was awarded to OMG Midwest Inc. dba Minnesota Paving & Materials on April 4, 2024. On October 2, 2024, the City Council declared costs on the 2024 Pavement Management Project and called for a public hearing to be held on October 16, 2024. All required notifications have been made per State Statute 429. The action requested at this meeting is to hold the public hearing. Following the hearing, Council is asked to consider the adoption of the assessments. Discussion The proposed assessment amounts follow the adopted Infrastructure Management Task Force (IMTF) policy calling for 45 percent of the project costs to be assessed equally to all properties within a residential development as similar individual units regardless of lot frontage. The costs for the project are $1,122,149.32. The proposed assessment amount is $6,363.11 per residential buildable lot equivalent (RBLE). This compares to the original projected assessment amount based on the engineer’s estimate of $6,647.65. Single-family residential is assessed at a rate of 1.0 RBLE. Special benefit appraisals were completed for single-family residential lots in this area, which found the special benefit to single-family residential properties to be between $7,500, which supports the proposed assessment of $6,363.11. Recap of the project costs and funding: Prestige Estates Feasibility Report Construction Cost As-Bid Construction Cost Estimated Final Construction Cost Total Cost (1) Streets $719,576.00 $722,798.13 $668,480.63 $884,092.77 Sanitary Sewer $20,350.00 $21,811.68 $21,811.68 $28,846.83 Water Main $16,640.00 $13,545.83 $12,603.91 $16,669.18 Storm Sewer $35,974.00 $30,304.05 $30,304.05 $40,078.34 Street Lighting $82,240.00 $115,279.79 $115,279.79 $152,462.20 Total before deduction $874,780.00 $903,739.48 $848,480.06 $1,122,149.32 Deduct for City Property $(5,070.56) Total 1,117,078.76 Assess 45% of Total 502,685.69 1. Includes actual indirect costs. Payment Options If the assessment roll is adopted after the public hearing, property owners will have 30 days to pay the entire assessment, or make a partial payment of at least $500, without incurring interest charges. Assessments not paid within 30 days will be certified to Washington County for collection over the next 15 years. If certified to the County, annual principal and interest payments will be added to the property taxes of the affected parcel. The interest rate outlined in the IMTF policy indicates that the interest rate be 1.5 percent plus the bond sale rate. Based on this policy, the proposed interest rate for the assessment is 4.80 percent. This rate is based on the bonds for this project that were issued on March 12, 2024. Honorable Mayor, City Council, and Jennifer Levitt 2024 Pavement Management Project – Public Hearing, Adopt Assessment Roll October 16, 2024 Page 2 Recommendation It is recommended that the City Council: •Conduct the public hearing for the 2024 Pavement Management Project. •Adopt Resolution 2024-143 to adopt the assessment roll for the 2024 Pavement Management Project. CITY OF COTTAGE GROVE, MINNESOTA CITY COUNCIL RESOLUTION 2024-143 RESOLUTION ADOPTING ASSESSMENTS FOR THE 2024 PAVEMENT MANAGEMENT PROJECT WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment of the 2024 Pavement Management Project. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, as follows: 1. Such proposed assessment, in the amount of $502,685.69, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to benefit by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 15 years, at an interest rate of 4.80 percent, the first of the installments to be payable on or before the first Monday in January 2025 and shall bear interest on the entire assessment from the date of this resolution until December 31, 2025. To each subse- quent installment when due shall be added interest for one year on all unpaid install- ments. 3. The owner of any property so assessed may, at any time prior to certification of such assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except no interest shall be charged if the entire assessment or on any amount $500 or greater is paid within 30 days from the adoption of this resolution; and she/he may, at any time there- after, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such pay- ment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Director of Finance shall transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessment shall be collected and paid over in the same manner as other municipal taxes. Passed this 16th day of October 2024. Myron Bailey, Mayor Attest: Tamara Anderson, City Clerk Parcel ID Owner Name Address Units $/Unit Total/Unit 1002721430063 VERDUZCO SERGIO O & GUADALUPE S NUNEZ 7997 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721430064 KALINOWSKI RYAN D & MELISSA D 7961 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721430065 EVERSON MICHAEL D & MCKAYLA A 7933 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721430066 HPA BORROWER 2017-1 LLC 9600 79TH ST S 1 $6,363.11 $6,363.11 1002721430067 NORUM ANDREW M & TRACI J 9582 79TH ST S 1 $6,363.11 $6,363.11 1002721430068 KELLER NICHOLAS G & KATELYN R BRAMWELL 9556 79TH ST S 1 $6,363.11 $6,363.11 1002721430069 SCHNEIDER DIANN L 9528 79TH ST S 1 $6,363.11 $6,363.11 1002721430070 DESAUTEL SCOTT M & KRISTEN K 9512 79TH ST S 1 $6,363.11 $6,363.11 1002721430071 WEINMANN ELI K 9498 79TH ST S 1 $6,363.11 $6,363.11 1002721430072 DAVID R VAIDICH & ANGELA D VAIDICH TRS 9593 79TH ST S 1 $6,363.11 $6,363.11 1002721430073 TALLEDGE ROBERT WM & JEAN P 9577 79TH ST S 1 $6,363.11 $6,363.11 1002721430074 FOY RICHARD P & MELANIE 9569 79TH ST S 1 $6,363.11 $6,363.11 1002721430075 JOHNSON AARON 9543 79TH ST S 1 $6,363.11 $6,363.11 1002721430080 LANGEVIN THOMAS P & JENNIFER A 7799 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721430081 BAKER LEAH 7807 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721430082 HORIHAN LYLE E & PAMELA R 7815 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721430083 MURRAY DAVID S & MARY ELLEN 7823 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721430084 NADRCHAL MICHELLE M & CAMERON J 7831 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721430085 BELLOWS TERRANCE J & LINDA L 7849 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721430086 GRUFMAN ERIC M & AMY L 7867 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721430087 KRYZER MARK P & BARBARA A 7885 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721430088 ARLAND DANIEL M & PAULA S 7901 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721430089 ALVERSON DOUG & EMILY GROHOVSKY 7929 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721430090 FITZGERALD KELLIE 7818 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721430091 FERGUSON LAWRENCE T JR & MARY 7826 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721430092 BONINE GORDON L & SHEILA M 7844 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721430093 MCDONALD MOLLY & RYAN 7852 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721430094 JUNEAU ALLEN J & LISA K 7870 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721340020 PIERRE SCOTT & COURTNEY 9484 79TH ST S 1 $6,363.11 $6,363.11 1002721340021 BUNNELL WILLIAM T & MARY M DOW-BUNNELL 9478 79TH ST S 1 $6,363.11 $6,363.11 1002721340022 BUCHAL TIMOTHY J & DAWN M 9476 79TH ST S 1 $6,363.11 $6,363.11 1002721340023 GEHRT NEIL & JUDITH 9535 79TH ST S 1 $6,363.11 $6,363.11 1002721340024 ROBINSON JACOB A & KRISTIN M LLOYD 9501 79TH ST S 1 $6,363.11 $6,363.11 1002721340025 PURCELL JR RONALD G & JANICE 9499 79TH ST S 1 $6,363.11 $6,363.11 1002721340026 PETERS DUANE A & MARY KAY L 9497 79TH ST S 1 $6,363.11 $6,363.11 1002721340027 PROEFROCK JEREMY S & TRISTA L 9491 79TH ST S 1 $6,363.11 $6,363.11 1002721340028 OLEARY DENNIS D ETAL 9489 79TH ST S 1 $6,363.11 $6,363.11 1002721340029 DETVILER THOMAS J & MOLLIE M 9477 79TH ST S 1 $6,363.11 $6,363.11 1002721340030 SLUSSER JEFFREY M & LISA B 9475 79TH ST S 1 $6,363.11 $6,363.11 1002721340031 RUIZ AILUD R & ALDA GOMEZ 7749 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721340032 CLOUSE DOUGLAS P & LEANNE L 7757 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721340033 ERICKSON PERRY C & THERESA A 7765 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721340034 GILLESPIE DARBY & JANICE L 7773 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721340035 HELDMAN MARYBETH A & TIMOTHY 7781 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721340037 KORF WAYNE L & JANE F 7772 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721340038 BUTTERMORE ROBERT A & RAELYNN 7786 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721340041 STEIN SCOTT A & HEATHER F ARMSTRONG 7992 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340042 LOWELL RICARDO V & EMILY 7970 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340043 SANDIDGE RENEE 7958 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340044 MEYER ANGELA M 7930 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340045 KLARICH MICHAEL C & KELLY J 7914 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340046 BLOSSOM ROGER J 7896 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340047 PALMER DAVID & JESSICA 7878 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340048 GELAO MICHAEL J & LILINDA J 7860 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340049 WACKER BARBARA H 7848 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340050 MOEN RICHARD M & PATRICIA J 7828 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340051 HERMAN J MOENING TRUST 7812 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340052 OSTROM JOHN E & LISA H 7790 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340053 GUNDERSON STEVE & KELLY 7774 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340054 HOFF JON L & MARY L 7752 JENNER AVE S 1 $6,363.11 $6,363.11 Final Assessment Roll Prestige Estates 1st, 2nd, and Prestige Estates by the Park Improvements 2023 Pavement Management | 0N1.128111 Appendix C: Preliminary Assessment Roll Page C-1 1002721340055 NOHNER ALISON & ERIC 7995 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340056 STEWART KRISTIN & CHARLES 7967 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340057 CUEVAS ANALINE & YOEL 7953 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340058 SCHOUVELLER DANIEL G & NANCY 7929 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340059 FORTUNA JOHN M & MILISSA M 7909 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340060 TAYLOR F JOSEPH IV & DAWN M 7881 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340061 SULLIVAN DANIEL E & MICHELLE M 7869 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340062 JOHNSON SCOTT B & KRISTY A 7855 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340063 PALLAIS-ARGUELLO JEAN P & RENA PALLAIS 7833 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340064 FLAHERTY KYLE J & STEPHANIE M 7821 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340065 FAUST JIM P & REAGAN M JR 7797 JENNER AVE S 1 $6,363.11 $6,363.11 1002721340066 PIGNATO JOSEPH D & TERESA L 7720 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721340067 JOHNSON RICHARD L & SONYA L JOHNSON 7726 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721340068 VAZQUEZ OSCAR & ARISBETH GOMEZ 7742 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721340069 WEBER BARBARA J 7701 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721340070 STRANSKY DAVID C & CARON M 7713 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721340071 DENBOBA MOHAMMED G & MULU ROBA 7721 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721340072 KEMMETMUELLER KEVIN & AMY K 7737 JOCELYN AVE S 1 $6,363.11 $6,363.11 1002721340074 PRZYBILLA JEFFREY S & NANCY M 7764 JOCELYN AVE S 1 $6,363.11 $6,363.11 79 $502,685.69 2023 Pavement Management | 0N1.128111 Appendix C: Preliminary Assessment Roll Page C-2 1 City Council Action Request 9.C. Meeting Date 10/16/2024 Department Community Development Agenda Category Action Item Title Oltman Middle School – Easement Vacation(s), Drainage and Utility Easement, Access Easement Staff Recommendation 1) Hold the public hearing regarding vacating, rescinding, terminating, and releasing a permanent easement and temporary easement for watermain for Lot 1, Block 1, New Otlman Middle School and permanent easements for storm sewer for Lot 2, Block 1, New Oltman Middle School. 2) Adopt Resolution 2024-145 rescinding the July 17, 2024, City Council actions related to Oltman Middle School. 3) Adopt Resolution 2024-146 vacating, rescinding, terminating, and releasing a permanent easement and temporary easement for watermain for Lot 1, Block 1, New Oltman Middle School. 4) Approve the Permanent Access Easement for Lot 1, Block 1, New Oltman Middle School. 5) Adopt Resolution 2024-147 vacating, rescinding, terminating, and releasing permanent easements for storm sewer on Lot 2, Block 1, New Oltman Middle School. 6) Approve the Permanent Easement for Storm Sewer over a portion of Lot 2, Block 1, New Oltman Middle School. Budget Implication N/A Attachments 1. Oltman Easements - Memo 2. Oltman Resolution - Rescind 7-17-24 Oltman Actions 3. Oltman Resolution - Lot 1, Block 1 Easement Vacation 4. Oltman Permanent Access Easement Lot 1, Block 1 5. Oltman Storm Sewer Easement for Lot 2, Block 1 6. Oltman Resolution - Lot 2, Block 1 Easement Vacation TO: Honorable Mayor and City Council Jennifer Levitt, City Administrator FROM: Conner Jakes, Planner DATE: October 10, 2024 RE: Oltman Middle School – Easement Vacation(s), Drainage and Utility Easement, Access Easement Background Site plan and conditional use approvals were granted for the construction of Oltman Middle School in 2017. As part of the development, there were multiple easements recorded including a drainage and utility easement for private watermain looping on Lot 1, Block 1, New Oltman Middle School, and a drainage and utility easement over storm sewer on Lot 2, Block 1, New Oltman Middle School. Current Easements Discussion Watermain Easement The drainage and utility easement secured over the watermain as part of the new school project in 2017 allowed the city access to the hydrants on site for flushing. The watermain is private Honorable Mayor, City Council, and Jennifer Levitt Oltman Middle School – Easement Vacation(s), Drainage and Utility Easement, Access Easement October 10, 2024 Page 2 of 5 therefore, the city does not need access to the pipe given the property owner is responsible for maintenance of the pipe. The School District is currently working through plans for two additions to the school, one on the south side of the building and one on the west side. The southerly addition requires relocating a section of the existing watermain. Given the school district’s proposed relocated section of watermain, the City Council approved at their July 17, 2024 meeting the vacation of a portion of the original drainage and utility easement from 2017 given the proposed building addition would impact the pipe location. Easements were also approved over the proposed relocated pipe area. July 17, 2024 Relocated Easement – Proposed to Rescind After review, staff is proposing to vacate the entire drainage and utility easement over the private watermain given the city does not maintain the pipe and does not need access to it, the city only requires access to hydrants for hydrant flushing. Staff is also proposing to rescind the July 17, 2024 approvals and vacate the drainage and utility easement over the watermain. Honorable Mayor, City Council, and Jennifer Levitt Oltman Middle School – Easement Vacation(s), Drainage and Utility Easement, Access Easement October 10, 2024 Page 3 of 5 Proposed Easement to Vacate In replacement of the vacated drainage and utility easement and to ensure maintenance responsibilities are clear, the City Attorney and Staff propose an access easement across the entire parcel allowing access flexibility to the City for hydrant flushing. The proposed access easement grants city staff access to school property for the purpose of flushing hydrants. Image of Proposed Access Easement Honorable Mayor, City Council, and Jennifer Levitt Oltman Middle School – Easement Vacation(s), Drainage and Utility Easement, Access Easement October 10, 2024 Page 4 of 5 Storm Sewer Easement As staff reviewed plans for the building additions and watermain, staff also conducted a review of the existing infrastructure on the parcel to the west (Lot 2, Block 1 New Oltman Middle School). Currently there are two drainage and utility easements for the stormwater pipes on the west side of Lot 2 Block 1, New Oltman Middle School. However, these easements do not fully cover the stormwater pipes as portions of the pipe were constructed outside the easement. Current Storm Sewer Easements to be Vacated In order to ensure staff is able to effectively conduct long-term maintenance of the public storm sewer infrastructure located on the western parcel, the easement areas need to be adjusted. Staff and the City Attorney are proposing to vacate the existing two easements and replace them with one new easement that allows the City sufficient access to conduct long-term maintenance as required. Proposed New Storm Sewer Easement Honorable Mayor, City Council, and Jennifer Levitt Oltman Middle School – Easement Vacation(s), Drainage and Utility Easement, Access Easement October 10, 2024 Page 5 of 5 Recommendation That the City Council take the following actions: 1. Hold the public hearing regarding vacating, rescinding, terminating, and releasing a permanent easement and temporary easement for watermain for Lot 1, Block 1, New Otlman Middle School and permanent easements for storm sewer for Lot 2, Block 1, New Oltman Middle School. 2. Adopt Resolution 2024-145 rescinding the July 17, 2024, City Council actions related to Oltman Middle School. 3. Adopt Resolution 2024-146 vacating, rescinding, terminating, and releasing a permanent easement and temporary easement for watermain for Lot 1, Block 1, New Oltman Middle School. 4. Approve the Permanent Access Easement for Lot 1, Block 1, New Oltman Middle School. 5. Adopt Resolution 2024-147 vacating, rescinding, terminating, and releasing permanent easements for storm sewer on Lot 2, Block 1, New Oltman Middle School. 6. Approve the Permanent Easement for Storm Sewer over a portion of Lot 2, Block 1, New Oltman Middle School. Attachments - Permanent Access Easement - Permanent Easement for Storm Sewer CITY OF COTTAGE GROVE, MINNESOTA CITY COUNCIL RESOLUTION 2024-145 RESOLUTION RESCINDING JULY 17, 2024 CITY COUNCIL ACTIONS RELATED TO OLTMAN MIDDLE SCHOOL WHEREAS, on July 17, 2024, the City Council took the following actions regarding Lot 1, Block 1, New Oltman Middle School (“the Property”): 1. Adopted Resolution 2024-106 partially rescinding, terminating and releasing a permanent easement and temporary easement for watermain for Lot 1, Block 1, New Oltman Middle School 2. Approved a Temporary Drainage and Utility Easement over a portion of Lot 1, Block 1, New Oltman Middle School; and 3. Approved a Permanent Drainage and Utility Easement over a portion of Lot 1, Block 1, New Oltman Middle School; and WHEREAS, since those actions were taken, the City and Independent School District 833 have determined that a public easement is not required for the watermain; and WHEREAS, the resolutions and documents approved on July 17, 2024 were not recorded against the Property and the Council may therefore rescind the above-mentioned actions, making the actions, approvals and documents null and void. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, the following actions taken by the City Council on July 17, 2024 to: 1. Adopt Resolution 2024-106 partially rescinding, terminating and releasing a permanent easement and temporary easement for watermain for Lot 1, Block 1, New Oltman Middle School 2. Approve a Temporary Drainage and Utility Easement over a portion of Lot 1, Block 1, New Oltman Middle School; and 3. Approve a Permanent Drainage and Utility Easement over a portion of Lot 1, Block 1, New Oltman Middle School; are hereby rescinded and are therefore null and void and shall have no further force and effect. Passed this 16th day of October 2024. Myron Bailey, Mayor City of Cottage Grove, Minnesota City Council Resolution 2024-145 Page 2 Attest: Tamara Anderson, City Clerk CITY OF COTTAGE GROVE, MINNESOTA CITY COUNCIL RESOLUTION 2024-146 A RESOLUTION VACATING, RESCINDING, TERMINATING AND RELEASING A PERMANENT EASEMENT AND TEMPORARY EASEMENT FOR WATERMAIN FOR LOT 1, BLOCK 1, NEW OLTMAN MIDDLE SCHOOL, PERTAINING TO REAL PROPERTY IN THE CITY OF COTTAGE GROVE, MINNESOTA WHEREAS, the City granted a Permanent Easement and Temporary Easement for Watermain for Lot 1, Block 1, New Oltman Middle School which was recorded as Document No. 4103332 in the office of the Washington County Recorder (“The Easement”) on that certain real property legally described as: Lot 1, Block 1, New Oltman Middle School WHEREAS, the City desires to vacate, rescind, terminate and release the Permanent Easement and Temporary Easement for Watermain for Lot 1, Block 1, New Oltman Middle School recorded as Document No. 4103332. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove that the Permanent Easement and Temporary Easement for Watermain for Lot 1, Block 1, New Oltman Middle School recorded as Document No. 4103332 is hereby vacated, rescinded, terminated and released and is no longer in force or effect. Passed this 16th day of October 2024. Myron Bailey, Mayor Attest: Tamara Anderson, City Clerk PERMANENT ACCESS EASEMENT (Access to Hydrants) THIS PERMANENT ACCESS EASEMENT AGREEMENT (“Easement”) is made, granted and conveyed this _____ day of _____________________________, 2024, by and between Independent School District 833, a Minnesota public corporation (“Landowner”), and the City of Cottage Grove, a Minnesota municipal corporation (“City”). PROPERTY DESCRIPTION Landowner owns real property in Washington County, Minnesota legally described as follows: Lot 1, Block 1, New Oltman Middle School (the “Landowner’s Property”). PERMANENT EASEMENT DESCRIPTION The Landowner in consideration of the sum of One Dollar and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns the following: A permanent non-exclusive easement for the purpose of providing access to the hydrants which are installed upon the Landowner’s Property (the “Hydrants”), and all such purposes ancillary, incident or related thereto (“Permanent Easement”), under, over, across, through and upon those portions of the Landowner’s Property used from time to time by Landowner as common areas (“Permanent Easement Area”) as necessary to allow the City to access the Hydrants. EXEMPT FROM STATE DEED TAX The rights of the City also include the right of the City, its contractors, agents and servants to enter upon the Permanent Easement Area at all reasonable times for the purposes of accessing the Permanent Easement for Hydrant flushing and Hydrant valve operating, as necessary, and to 2 remove obstructions interfering with the location use and maintenance of the Permanent Easement. Landowner has the right to use the Permanent Easement Area for other purposes, subject to the terms and conditions contained herein. The use of the Permanent Easement Area by the City and its agents shall not unreasonably interfere with the use of the Permanent Easement Area as a common area, and the City and its agent shall access the Hydrants in a manner that does not unreasonably interfere with the use of the Landowner’s Property by the Landowner. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys’ fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Area or the Landowner’s Property prior to the date hereof. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of the Landowner’s Property described above and the Permanent Easement Area described above and has good right to grant and convey the Permanent Easement herein to the City. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. This Easement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. [The remainder of the page was intentionally left blank.] 3 IN TESTIMONY WHEREOF, the parties have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF COTTAGE GROVE By: Myron Bailey Mayor By: Tamara Anderson City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this _____ day of _______________, 2024, before me a Notary Public within and for said County, personally appeared Myron Bailey and Tamara Anderson to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Cottage Grove, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 4 LANDOWNER: INDEPENDENT SCHOOL DISTRICT NO. 833 By: Printed Name: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was executed this ____ day of __________________, 2024, by , the of Independent School District No. 833, a Minnesota public corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT DRAFTED BY AND AFTER RECORDING PLEASE RETURN TO: Korine Land, #262432 LeVander, Gillen, & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 (651) 451-1831 1 PERMANENT EASEMENT FOR STORM SEWER FOR LOT 2, BLOCK 1, NEW OLTMAN MIDDLE SCHOOL This PERMANENT EASEMENT (“Easement”) is made, granted and conveyed this _____ day of ______________, 2024, between Independent School District 833, a Minnesota public corporation, (“Landowner”) and the City of Cottage Grove, a municipal corporation organized under the laws of the State of Minnesota (“City”). The Landowner owns the real property situated within Washington County, Minnesota as described on the attached Exhibit A (“Landowner’s Property”). A. EASEMENT The Landowner in consideration of the sum of One Dollar and other good and valuable consideration to it in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, the following: 1. A permanent nonexclusive easement for storm sewer purposes and all such purposes ancillary, incident or related thereto (hereinafter “Permanent Easement”) under, over, across, through and upon Landowner’s Property, which is legally described on Exhibit B and depicted on Exhibit C (hereinafter the “Permanent Easement Area”) attached hereto and incorporated herein by reference. The Permanent Easement rights granted herein are forever and shall include, but not be limited to, the construction, maintenance, repair and replacement of any storm sewer and any underground storm sewer pipes and all facilities and improvements ancillary, incident or related thereto under, over, across, through and upon the Permanent Easement Area. The Permanent Easement rights further include, but are not limited to, the right of ingress and egress over the Permanent Easement Area to access the Permanent Easement for the purposes of construction, maintenance, repair and replacement of any storm sewer and any underground storm sewer pipes and all facilities and improvements ancillary, incident or related thereto under, over, across, through and upon the Permanent Easement Area. 2 EXEMPT FROM STATE DEED TAX B. GENERAL PROVISIONS 1. The City shall indemnify, defend and hold harmless the Landowner from all claims, costs, damages and expenses arising from the City’s negligent exercise of its rights under this Easement, or arising from any violation of this Easement by the City. The City, after any work contemplated hereunder, shall restore the Permanent Easement Area substantially to the grade that existed prior to the work. 2. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Area or the Landowner’s Property prior to the date hereof. 3. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner, itself or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statute, Chapter 466. 4. The Landowner, for itself and its successors and assigns, do hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of the Landowner’s Property described on Exhibit A and the Permanent Easement Area described on Exhibit B and depicted on Exhibit C that it has good right to grant and convey the Permanent Easement herein to the City. [the remainder of this page has been intentionally left blank] 3 IN TESTIMONY WHEREOF, the Landowner and the City have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF COTTAGE GROVE By: Myron Bailey Mayor By: Tamara Anderson City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of , 2024, before me a Notary Public within and for said County, personally appeared Myron Bailey and Tamara Anderson to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Cottage Grove, the municipality named in the foregoing instrument, and that the said instrument was signed in behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 4 LANDOWNER: INDEPENDENT SCHOOL DISTRICT NO. 833 By: Printed Name: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was executed this ____ day of __________________, 2024, by , the of Independent School District No. 833, a Minnesota public corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT DRAFTED BY AFTER RECORDING, PLEASE RETURN TO: Korine L. Land, #262432 LeVander, Gillen, & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 (651) 451-1831 A-1 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY Real property situated in the City of Cottage Grove, County of Washington, State of Minnesota, legally described as: Lot 2, Block 1, New Oltman Middle School B-1 EXHIBIT B LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA Real property situated in the City of Cottage Grove, County of Washington, State of Minnesota, legally described as: That part of Lot 2, Block 1, NEW OLTMAN MIDDLE SCHOOL, according to the recorded plat thereof, Washington County, Minnesota described as follows: Commencing at the southwest corner of said Lot 2; thence South 86 degrees 24 minutes 22 seconds East, along the southerly line of said Lot 2, a distance of 56.37 feet to the point of beginning; thence continuing South 86 degrees 24 minutes 22 seconds East, along said southerly line, a distance of 114.83 feet; thence North 82 degrees 26 minutes 37 seconds East, continuing along said southerly line, a distance of 174.33 feet; thence North 48 degrees 31 minutes 35 seconds East, continuing along said southerly line, a distance of 63.32 feet; thence South 77 degrees 01 minute 57 seconds West, a distance of 271.24 feet; thence North 52 degrees 53 minutes 49 seconds West, a distance of 114.78 feet; thence North 06 degrees 23 minutes 01 second East, a distance of 296.15 feet; thence North 83 degrees 36 minutes 59 seconds West, a distance of 40.00 feet; thence South 06 degrees 23 minutes 01 seconds West, a distance of 258.29 feet to the west line of said Lot 2; thence South 00 degrees 09 minutes 21 seconds West along said west line a distance of 65.48 feet; thence South 52 degrees 53 minutes 49 seconds East, a distance of 70.67 feet to the point of beginning. C-1 EXHIBIT C DEPICTION OF PERMANENT EASEMENT AREA CITY OF COTTAGE GROVE, MINNESOTA CITY COUNCIL RESOLUTION 2024-147 A RESOLUTION VACATING, RESCINDING, TERMINATING AND RELEASING PERMANENT EASEMENTS FOR STORM SEWER FOR LOT 2, BLOCK 1, NEW OLTMAN MIDDLE SCHOOL, PERTAINING TO REAL PROPERTY IN THE CITY OF COTTAGE GROVE, MINNESOTA WHEREAS, the City granted a Permanent Easement for Storm Sewer for Lot 2, Block 1, New Oltman Middle School on February 16, 2017 on certain real property which was recorded on February 21, 2017 as Document No. 4103337 in the office of the Washington County Recorder, and a Permanent Easement for Storm Sewer for Lot 2, Block 1, New Oltman Middle School on February 16, 2017 on certain real property which was recorded on February 21, 2017 as Document No. 4103339 in the office of the Washington County Recorder (“Permanent Easements”); WHEREAS, the real property upon which the Permanent Easements were recorded is legally described on Exhibit A, attached hereto and incorporated herein; and WHEREAS, the City desires to vacate, rescind, terminate and release the Permanent Easement for Storm Water described on Exhibit B and depicted on Exhibits C and D. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove that the Permanent Easement for Storm Sewer for Lot 2, Block 1, New Oltman Middle School on Document No. 4103337 and that the Permanent Easement for Storm Sewer for Lot 2, Block 1, New Oltman Middle School on Document No. 4103339 are hereby vacated, rescinded, terminated and released. Passed this 16th day of October 2024. Myron Bailey, Mayor Attest: Tamara Anderson, City Clerk City of Cottage Grove, Minnesota City Council Resolution 2024-147 Page 1 A-1 EXHIBIT A PROPERTY LEGAL DESCRIPTION Real property situated in the City of Cottage Grove, County of Washington, State of Minnesota, legally described as: Lot 2, Block 1, New Oltman Middle School City of Cottage Grove, Minnesota City Council Resolution 2024-147 Page 1 B-1 EXHIBIT B LEGAL DESCRIPTION TO VACATE, RESCIND, TERMINATE AND RELEASE That part of the storm sewer easement described in Doc. No. 4103337, Washington County, MN, described as follows: A 40.00 foot wide easement over, under and across part of Lot 2, Block 1, NEW OLTMAN MIDDLE SCHOOL, according to the recorded plat thereof, Washington County, Minnesota. The center line of said easement is described as commencing at the southwest corner of said Lot 2; thence South 86 degrees 24 minutes 22 second East, assumed bearing, along the south line of said Lot 2 a distance of 62.78 feet to the point of beginning of said center line; thence North 02 degrees 45 minutes 15 seconds West 382.49 feet and said center line there terminating. The side lines of said easement are to be prolonged or shortened to terminate at said south line of Lot 2. PID: 0602721320003 Abstract Property AND That part of the storm sewer easement described in Doc. No. 4103339, Washington County, MN, described as follows: A 40.00 foot wide easement over, under and across part of Lot 2, Block 1, NEW OLTMAN MIDDLE SCHOOL, according to the recorded plat thereof, Washington County, Minnesota. The center line of said easement is described as commencing at the southwest corner of said Lot 2; thence South 86 degrees 24 minutes 22 seconds East, assumed bearing, along the south line of said Lot 2 a distance of 171.20 feet to an angle point in said south line; thence North 82 degrees 26 minutes 37 seconds East, along said south line 131.95 feet to the point of beginning of said center line; thence North 44 degrees 22 minutes 42 seconds East 58.32 feet; thence North 90 degrees 00 minutes 00 seconds East 42.07 feet to said south line of Lot 2 and said center line there terminating. The side lines of said easement are to be prolonged or shortened to terminate at said south line of Lot 2. PID: 0602721320003 Abstract Property City of Cottage Grove, Minnesota City Council Resolution 2024-147 Page 1 C-1 EXHIBIT C DEPICTION TO VACATE, RESCIND, TERMINATE AND RELEASE City of Cottage Grove, Minnesota City Council Resolution 2024-147 Page 1 D-1 EXHIBIT D DEPICTION TO VACATE, RESCIND, TERMINATE AND RELEASE