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HomeMy WebLinkAbout1998-10-07 MINUTES. REGULAR MEETING COTTAGE GROVE CITY COUNCIL October 7, 1998 OPEN FORUM - 7:15 p.m. Open Forum provides persons an opportunity to inform the Council of a problem or to request information related to City business that has not been scheduled for Council action and does not appear on the Agenda. Mayor Denzer encouraged persons to limit their remarks to three (3) minutes per issue. Present: Mayor John Denzer Council Member Jim Wolcott Council Member Sandy Shiely Council Member Rod Hale Council Member Cheryl Kohfs Absent: None Also present: Ryan Schroeder, City Administrator � Kim Lindquist, Community Development Director Liz Johnson, Finance Director Corrine Thomson, City Attorney — Kennedy & Graven Jerry Bourdon, City Engineer -- BRAA Les Burshten, Public Works Director Michelle Wolfe, Assistant City Administrator At 7:15 p.m., Mayor Denzer opened the Open Forum. Gary Kjellberg, 7383 Inman Avenue, asked the Council to consider moving the Open Forum to the televised portion of the Regular meeting. He stated that under Open Forum at the September 16 meeting, School District Superintendent Dr. Dan Hoke was asked by the Council to discuss the School Bond Referendum. Hoke was then asked by the Council to discuss the Bond Issue during the Regular meeting for resident viewing. Kjellberg commented he felt Cottage Grove residents should be given the same opportunity. Council Member Shiely responded that if an Open Forum speaker would like their issue addressed during a Regular meeting, it could be placed on a future agenda. Shiely explained to Mr. Kjellberg why the Council decided to non-televise Open Forum. At 7:18 p.m., Mayor Denzer adjourned Open Forum. � Regular Meeting - October 7, 1998 Cottage Grove City Council : Page 2 CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, October 7, 1998, at the Cottage Grove City Hall, 7516 80th Street South. Mayor Denzer called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor John Denzer Council Member Jim Wolcott Council Member Sandy Shiely Council Member Rod Hale Council Member Cheryl Kohls Absent: None Also present: Ryan Schroeder, City Administrator Kim Lindquist, Community Development Director Liz Johnson, Finance Director Corrine Thomson, City Attorney — Kennedy & Graven i Jerry Bourdon, City Engineer -- BRAA Jim Kinsey, Acting Public Safety Director Les Burshten, Public Works Director Michelle Wolfe, Assistant City Administrator Mayor Denzer presided over the meeting. ADOPTION OF AGENDA MOTION BY HALE, SECONDED BY WOLCOTT, TO APPROVE THE FINAL AGENDA. MOTION CARRIED. 5-0. PRESENTATIONS Proclamation Declarinq the Month of October 1998 as Crime Prevention Month Mayor Denzer read aloud the proclamation declaring the month of October, 1998, as Crime Prevention Month. APPROVAL OF MINUTES The minutes of the August 5, 1998, and September 16, 1998, Regular City Council • meetings were accepted as presented. Mayor Denzer asked that the City Clerk record the Minutes as presented. Regular Meeting - October 7, 1998 Cottage Grove City Council � Page 3 CONSENT CALENDAR Council Member Wolcott pulled Item B for discussion. Council Member Kohls pulled Item J for discussion. Wolcott publicly thanked the Community Sharing Fund of the St. Paul Foundation for the $800 donation to the Cottage Grove Open Basketball Program sponsored by the Recreation Department and Guard Our Youth. Kohls explained that Item J is a resolution that the School Board and School District have asked the Council to adopt. The resolution urges citizens of Cottage Grove to vote in favor of the levy referendum. Kohls commented that she supports the referendum and will vote "yes" at the November 3, 1998 election. She explained that she will always vote for schools. With the recent controversy with a School Board Member, however, she questions whether she could give the Board Member a benefit of the doubt. Kohls explained that members of the School Board, Dr. Hoke, and the newspaper have told her that she needs to "compartmentalize" the issues. She stated that she cannot • "compartmentalize" the issues for personal reasons. Kohls explained that 10 years ago her father was diagnosed with cancer and incurred $189,000 in medical bills. When her father passed away about a month ago, he paid off all his medical bills. Kohls informed the Council she would abstain from voting on the Consent Agenda. Mayor Denzer asked for the record to show that Council Member Kohls would abstain from voting on the Consent Calendar. MOTION BY WOLCOTT, SECONDED BY HALE TO: A. ACCEPT AND PLACE ON FILE THE JULY 17, 1998, AND AUGUST 24, 1998, PLANNING COMMISSION MEETING MINUTES; AND THE AUGUST 10, 1998, PUBLIC WORKS COMMISSION MEETING MINUTES. B. ADOPT RESOLUT/ON NO. 98-179, A RESOLUTION ACCEPTING THE $800 DONATION FROM THE COMMUNITY SHARING FUND OF ST. PAUL FOUNDATION TO COTTAGE GROVE'S OPEN BASKETBALL PROGRAM. C. ADOPT RESOLUTION NO. 98-180, A RESOLUTION ACCEPTING THE DONATION OF A 21-FOOT ALUMINUM MONARK WORK BOAT WITH AN ENCLOSED CABIN FROM THE CORPS OF ENGINEERS THROUGH THE DAKOTA COUNTY SHERIFF'S OFFICE. . APPROVE THE TRANSFER OF $7,500 FROM THE UNUSED PORTION OF THE FIRE INSPECTOR SALARY ACCOUNT AND CLERICAL SALARY Regular Meeting - October 7, 1998 Cottage Grove City Council : Page 4 ACCOUNT TO 0800-4370 TO BE USED TO PLACE THE BOAT IN SERVICE CONDITION. D. APPROVE APPOINTMENT OF ACCOUNTING CLERK I, JUDY ERDOS, TO REGULAR STATUS EFFECTIVE SEPTEMBER 30, 1998. E. APPROVE APPOINTMENT OF NEIL BELSCAMPER TO THE POSITION OF SECRETARY f FOR THE ADMINISTRATION DEPARTMENT AT PAY GRADE XV OF THE PAY PLAN FOR NON-REPRESENTED EMPLOYEES, EFFECTIVE OCTOBER 12, 1998, SUBJECT TO COMPLETION OF A ONE-YEAR PROBATIONARY PERIOD. F. APPROVE APPOINTMENT OF TERRI JO GULNER TO THE POSITION OF SECRETARY I FOR THE ICE ARENA AND RECREATION DEPARTMENTS EFFECTIVE OCTOBER 12, 1998, SUBJECT TO COMPLETION OF A ONE- YEAR PROBATIONARY PERIOD. G. APPROVE APPOINTMENT OF DONNA WINKLER TO THE POSITION OF SECRETARY I FOR THE BUILDING INSPECTIONS, FIRE DIVISION, AND FLOATER, EFFECTIVE OCTOBER 8, 1998, SUBJECT TO COMPLETION OF A • ONE-YEAR PROBATIONARY PERIOD. H. APPROVE CHANGES TO MEDIAN LANDSCAPING ON THE 80TH STREET RECONSTRUCTION CONTRACT FOR 80TH STREET AND EAST P01NT DOUGLAS ROAD. APPOINT COUNCIL MEMBERS CHERYL KOHLS AND JIM WOLCOTT, AND CITY ADMINISTRATOR RYAN SCHROEDER TO THE DISPUTE RESOLUTION PROCESS FOR THE HINTON/TOWER ROAD EXTENSION PROCESS. ADOPT RESOLUT/ON NO. 98-181, A RESOLUTION SUPPORTING THE SCHOOL DISTRICT 833 EXCESS LEVY REFERENDUM. K. APPROVE THE AMENDMENT TO THE MAJESTIC BALLROOMS 3.2 BEER LICENSE, AND CONSUMPTION AND DANCE PERMIT. L. AUTHORIZE THE "NO PARKING-RESIDENTS ONLY DURING SCHOOL HOURS" SIGNS ON HORNELL AVENUE SOUTH, HYNES AVENUE, HYDE LANE, INGLESIDE AVENUE, AND 81ST STREET SOUTH OF 80TH STREET. M. RECEIVE COPY OF LETTER FROM CITY ADMINISTRATOR RYAN SCHROEDER DATED SEPTEMBER 21, 1998, TO THE ASSOCIATION OF � METROPOLITAN MUNICIPALITIES REGARDING CAMPAIGN SIGNS. Regular Meeting - October 7, 1998 Cottage Grove City Council � Page 5 N. APPROVE CHANGE ORDER NUMBER 1 TO ERICKSON CONSTRUCTION, INC., FOR $47,275.00 FOR THE WEST DRAW TRUNK UTILITY PROJECT. O. ADOPT RESOLUTION NO. 98-182, A RESOLUTION APPROVING THE SETTLEMENT AND AUTHORIZING PAYMENT FOR THE STARKS AND FIELDS VS MINNESOTA POLICE RECRUITMENT SYSTEM LAWSUIT. P. ADOPT RESOLUTION NO. 98-183, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT APPLICATION OF STANLEY WAIDELICH, JR., TO PERMIT CONSTRUCTION OF AN OVERSIZED DETACHED ACCESSORY STRUCTURE AT 7630 - 113TH STREET SOUTH. Q. ADOPT RESOLUTION NO. 98-184, A RESOLUTION REQUESTING AN EXTENSION TO THE DECEMBER 31, 1998, DEADLINE FOR REVIEW OF THE CITY OF COTTAGE GROVE COMPREHENSIVE PLAN FOR CONSISTENCY WITH AMENDED METROPOLITAN COUNCIL POLICY PLANS. R. ADOPT RESOLUTION NO. 98-185, A RESOLUTION AUTHORIZING A REAPPORTIONMENT OF ASSESSMENTS ON LOT 1, BLOCK 1, EAGLE • RIDGE ADDITION, TOTALING $7,434.80. S. ADOPT RESOLUT/ON NO. 98-186, A RESOLUTION PROVIDING FOR ASSESSMENT DEFERRALS AT 8926 89 STREET SOUTH, 8913 iRONWOOD AVENUE SOUTH, AND 8706 ISLE AVENUE SOUTH, ALL COATED WITHIN THE PAVEMENT MANAGEMENT DISTRICT E3 IMPROVEMENT PROJECT. T. ADOPT RESOLUTION NO 98-187, A RESOLUTION REVISING THE COSTS TO BE DECLARED FOR THE 80TH STREET IMPROVEMENT PROJECT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL U. RECEIVE DRAFT INFORMATION ON THE FISCAL IMPACT ANALYSIS. MOTION CARRIED. 4-0. KOHLS ABSTAINED FROM VOTING ON THE CONSENT AG E N DA. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES None. • Regular Meeting - October 7, 1998 Cottage Grove City Council � Page 6 PUBLIC HEARINGS Adopt Assessments for Pine Forest 2nd Addition Street and Utility Improvements Mayor Denzer announced the purpose of the Public Hearing was to consider adopting the assessments for the Pine Forest 2nd Addition street and utility improvements. Finance Director Johnson stated that legal notice was in order and published in accordance with applicable law. Mayor Denzer opened the public hearing to those who wished to speak for or against the assessments. There being none, Mayor Denzer closed the public hearing. MOTION BY WOLCOTT, SECONDED BY HALE, TO ADOPT RESOLUT/ON NO. 98- 188, A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE PINE FOREST 2ND ADDITION STREET AND UTILITY IMPROVEMENTS. MOTION CARRIED. 5-0. Adopting Assessments for the Pine Forest 3rd Addition Street and Utility Improvements • Mayor Denzer announced the purpose of the Public Hearing was to consider adopting the assessments for the Pine Forest 3rd Addition street and utility improvements. Financial Director Johnson stated that the legal notice was in order and published in accordance with applicable law. Mayor Denzer opened the public hearing to those who wished to speak for or against the assessments. There being none, Mayor Denzer closed the public hearing. MOTION BY HALE, SECONDED BY SHIELY, TO ADOPT RESOLUT/ON NO. 98-189, A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE PINE FOREST 3RD ADDITION STREET AND UTILITY IMPROVEMENTS. MOTION CARRIED. 5-0. Adoptina Assessments for the Pine Glen 6th Addition Street and Utility Improvements Mayor Denzer announced the purpose of the Public Hearing was to consider adopting the assessments for the Pine Glen 6th Addition street and utility improvements. Financial Director Johnson stated that legal notice was in order and published in accordance with applicable law. Mayor Denzer opened the public hearing to those who wished to speak for or against . the assessments. There being none, Mayor Denzer closed the public hearing. Regular Meeting - October 7, 1998 Cottage.Grove City Council � Page 7 MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADOPT RESOLUT/ON NO. 98- 190, A RESOLUTION APPROVING THE ASSESSMENT ROLL FOR PINE GLEN 6TH ADDITION STREET AND UTILITY IMPROVEMENTS. MOTION CARRIED. 5-0. Adopting Assessments for the Sandy Hills 8th Addition Street and Utility Improvements Mayor Denzer announced the purpose of the Public Hearing was to consider adopting the assessments for the Sandy Hills 8th Addition street and utility improvements. Financial Director Johnson stated that legal notice was in order and published in accordance with applicable law. Mayor Denzer opened the public hearing to those who wished to speak for or against the assessments. There being none, Mayor Denzer closed the public hearing. MOTION BY WOLCOTT, SECONDED BY HALE, TO ADOPT RESOLUTION NO. 98- 191, A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR SANDY HILLS 8TH ADDITION STREET AND UTILITY IMPROVEMENTS. MOTION CARRIED. 5-0. Adopt Assessments for the Pine Forest 4th Addition Street and Utility Improvements � Ma or Denzer announced the purpose of the Public Hearing was to consider adopting Y the assessments for the Pine Forest 4th Addition street and utility improvements. Financial Director Johnson stated that legal notice was in order and published in accordance with applicable law. Mayor Denzer opened the public hearing to those who wished to speak for or against the assessments. There being none, Mayor Denzer closed the public hearing. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 98- 192, A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE PINE FOREST 4TH ADDITION STREET AND UTILITY IMPROVEMENTS. MOTION CARRI ED. 5-0. Adopting Assessments for the 80th Street Reconstruction Project Mayor Denzer announced the purpose of the Public Hearing was to consider adopting the assessments for the 80th street reconstruction improvements Financial Director Johnson stated that legal notice was in order and published in accordance with applicable law. � Regular Meeting - October 7, 1998 Cottage Grove City Council : Page 8 Mayor Denzer opened the public hearing to those who wished to speak for or against the assessments. Gary Kjellberg, 7389 Inman Avenue South, stated that it was improper to expect residents to pay an assessment for a project that is not completed and will not be completed until next year. Mr. Kjellberg stated that interest on the assessment will begin incurring on November 6, 1998. The City should approve the project before residents are asked to pay their assessment. Administrator Schroeder stated that the alternative would be to delay the assessment hearing until next year. Mike Vogel, Director of Support Services of the South Washington School District, stated that the Council is well aware of the difficult financial circumstances of the School District. The School Board also understands that financial circumstances are not a viable reason to not have assessments. Mr. Vogel explained the School Board's position on the assessment policy, and stated that school officials are not yet convinced that rationale exists for changing the assessment. Mr. Vogel reviewed the formula used to determine the assessment in detail with the Council. He asked that the City • hold off on the School DistricYs assessment until the City and School District staff can meet and resolve the objections raised. A copy of the School District's formal letter of objection, dated October 5, 1998, is attached to and made a part of the original minutes. Mr. Vogel stated he appreciates that school districts are unique from the other properties the Council addresses, and that it does make it more difficult to determine what an equitable assessment is. He stated the School Board's concern is there is a level of expectation that has developed and was established when the school contacted the City Administrator as to what the assessment might be. They feel it is their responsibility to question the assessment numbers and would like to sit down with the City Staff. Shiely asked if Staff could explain to the School District how the increase came about with a decrease in percentage. Schroeder stated that Staff would be happy to meet with the School District on this issue. Dan Glynn, 8283 80th Street South, questioned the Council as to the radius of the street corner where his home is located. Mr. Glynn asked if the easement stayed within the 10 feet the City technically owns in his yard, or if he lost any of his property after the City moved into the easement by five feet. Schroeder responded that the City has a certain easement, and unless the City � purchases additional property the easement does not change. The City has the Regular Meeting - October 7, 1998 Cottage Grove City Council : Page 9 opportunity to utilize the easement that exists. Schroeder explained that the easement line would not automatically move, and whatever easement existed is still there. Schroeder stated that the project manager from the engineering firm worked with the individual owners to get approval to allow the City to grade back beyond the easement. Mr. Glynn questioned the landscaping grading and explained that his property has several different levels. He also asked what is going to happen to the trees. Public Works Director Les Burshten stated he would work with Mr. Glynn to solve this issue. Burshten explained that the landscaping cannot all be done this year and that some landscaping may have to be done next year. Burshten assured Mr. Glynn that he would work with the residents to get the landscaping done correctly. Mr. Glynn stated his objection to being assessed before the project is completed, and stated that he was upset that the City believes the residents should pay for something not completed. He stated that the City should adjust the assessment since the program was adjusted. Mr. Glynn asked about the status of the mailboxes, and if they will be reinstalled soon • City Engineer Bourden stated the mailbox issue was an oversight and he will talk with Staff to resolve this issue. Council Member Hale asked if the County demanded the City assess before the end of the year and asked about assessing the second half and the first half. Hale stated that as far as the City is concerned the City would lose the money for one year. The City will have to wait until the year 2000 to get the money back. City Attorney Corrine Thomson explained the deadline to certify assessments and how the City could certify any time next year, but it would not be reflected on tax statements until the following year. For 1999 tax statements, the residents must be assessed by November 30 of this year. Thomson explained the interest process to the Council. Hale stated that he supports the residents' comments on not assessing until the project is completed. Mr. Glynn stated that he was not objecting to the assessment, but was objecting to the interest. If he had the assessment, he would pay and not worry about the interest. Mayor Denzer asked if the valuation of the property goes up, and the City waits until next year to assess, will the assessment be more. Shiely stated the residents could receive a higher bill. � Regular Meeting - October 7, 1998 Cottage Grove City Council : Page 10 Hale asked if the Council could move on the assessment by saying the date for the assessment will be triggered on the date of completion. Thomson responded that there would not need to be another assessment hearing. The Council could adjourn the hearing and then adopt the assessment at a later date. Hale asked if this is the first time something was done like this, as normally the projects have been completed. Schroeder stated he knew of one case. Hale stated that he was sympathetic to the homeowners' concerns about paying for something not completed. Hale requested Finance Director Johnson determine how holding off the assessment wouid effect the bonds. Mr. Kjellberg stated that the project was supposed to be completed this year. Mayor Denzer stated that the project could be finished, but it was determined to put the final coat on next year. Mr. Kjellberg asked why the assessment could not be determined now, and then assessed next year when the project is complete. Hale stated the Staff would need to determine the cash flow implications on payment of � the bonds. Dennis Laue, 8432 80th Street, stated that he objected to the assessment. Mr. Laue informed the Council that he submitted a letter to the City objecting to the assessments. A copy of Mr. Laue's letter, dated October 2, 1998, is attached to the original minutes. Hale stated that he viewed Mr. Laue's property and disagreed with the fact that there has been no improvement. He stated that Mr. Laue has a new street, new curbing, a new driveway apron, an elevated median, and the street showed significant improvement. Mr. Laue stated the curb is lower than before and the frontage road is narrower. John Sherer, 8368 80th Street, stated that he has come before the Council numerous times Mr. Sherer explained that a lot of issues have not been addressed to date. He stated that the elevation of the street is about 10 inches lower than it was before, and explained that he was assured by the City that the elevation would not change, and if it did it would not be by more than a couple of inches. It was suggested that because of the steepness of his driveway he should to go further back in the existing driveway and start the slope further back. This did solve the problem. Mr. Sherer explained that in doing so, the 10-foot, three-week-old concrete that he paid for was pulled out of his driveway. He stated that his contractor talked with Eric Johnson to confirm that the . elevation of the street was going to be the same and he was assured it would it would be, and now it is 10 inches lower. Now the City contractor tore out 10 feet of his Regular Meeting - October 7, 1998 Cottage Grove City Council Page 11 � driveway and they put in their concrete, which is very rough. He stated that he has been waiting two months for this issue to get corrected. The quality of workmanship and the grading and the sodding is very poor, and he objects to paying any assessment as his property value has gone down because of the improvement. Mr. Sherer stated that the frontage road, where it meets Ideal Street, is now narrower and it is more difficult to get in and out. He feels he should not have to pay any assessment and should be reimbursed for the poor workmanship and quality of concrete in his driveway, and the cost of fixing the retaining wall. Burlin Jacobson, 8304 80th Street South, stated that the improvement on 80th Street was not an improvement, and cosmetic work was done only with medians being installed. He stated that nothing was wrong with the street, it just needed maintenance, and suggested the City find new contractors and get quality work performed. Mayor Denzer stated that the City is required by law to go with the lowest responsible bidder. Mr. Jacobson questioned the possibility of receiving a senior assessment. Hale stated that there was program for those 65 years of age and older or with an income hardship. • Schroeder stated that Finance Director Johnson could work with Mr. Jacobson to see if he is eligible for the program. Mr. Jacobson stated that he was in full agreement with not paying for something that is not finished. He explained the difficulty in entering his road from the frontage road, and stated that his assessment went up in July because of the renovation of 80th Street. Now the value of his property has dropped because of the difficult entrance to his property. Shiely questioned the definition of "completed." Mr. Jacobson responded when the last asphalt is laid and the end of the block is done. Hale asked about the sodding and stated that he has noticed significant difference between the eastern residents and those in the west. Mr. Jacobson stated that it was a difference in the sod, and that he personally replaced all of the sod to remove the lumps and watered his sod every day. Public Works Director Bourdon stated that the contractor will replace the sod under his contract. For those who want the sod replaced, it will be replaced at no additional cost. Shiely and Kohls stated that the Council is working on the poor quality of the contractor's work. � Regular Meeting - October 7, 1998 Cottage Grove City Council j Page 12 � A member of the audience asked why another street light is going to be put in front of his house. There will be two lights within 10 feet of each other. Burshten stated that some streetlights are NSP-owned. The ones going in are adjacent to lights on 80th Street. Burshten explained that one light is for 80th Street, and one is for the frontage road. City Engineer Bourdon stated that the street lighting designed for 80th Street is for uniform lighting. The existing NSP lights were left for purposes of security in the neighborhood. Mayor Denzer asked Bourden to determine how the NSP lights could be removed. Mayor Denzer stated that there were a lot of unresolved issues with the 80th Street assessments and asked the Council for their thoughts. Shiely stated that a percentage of what is completed should be assessed and then assess again when the improvements are totally completed. She stated that she is amenable to a percentage of what is considered completed, and suggested Staff look at the option of starting the interest accrue in March if it is finished. Hale stated it would be a lot cleaner to delay the assessment until the project is • completed. He stated that "completed" means that the City accepts the project when it meets the City's requirements. Shiely confirmed that the street lights and the landscaping are not included in the assessment. Hale stated that he could accept this as a postponement to delay the assessment until after the project is completed, with a public hearing. MOTION BY HALE, SECONDED BY WOLCOTT, TO CLOSE THE PUBLIC HEARING AND DELAY ADOPTION OF THE ASSESSMENT ROLL UNTIL THE PROJECT IS COMPLETED, DEFINING THE PROJECT AS COMPLETED AS AT THE TIME THE CITY ACCEPTS AND SIGNS OFF ON THE PROJECT. MOTION CARRIED. 5-0. Mayor Denzer stated there are a lot of issues to be dealt with. Schroeder stated that the cost to the City on what is being levied is in the neighborhood of $40,000 to $50,000. Mayor Denzer called for a 10 minute break at 8:47 p.m. Mayor Denzer resumed the meeting at 9:07 p.m. BID AWARDS - None. � Regular Meeting - October 7, 1998 Cottage Grove City Council � Page 13 UNFINISHED AND NEW BUSINESS Receive Survey Results Reqarding Financial Guarantees for Subdivision Development Mayor Denzer stated that he agreed with Staff's recommendation regarding the financial guarantees for subdivision development. Schroeder stated that the AMM is also in the middle of the same sort of activity. He stated that Staff is suggesting at this time that the City reduce the requirement for street lighting to two instead of three years. MOTION BY HALE, SECONDED BY SHIELY, TO RECEIVE THE SURVEY RESULTS REGARDING FINANCIAL SURETIES AND DEVELOPER COSTS FOR SUBDIVISIONS. MOTION CARRIED. 5-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS - None. COUNCIL COMMENTS AND REQUESTS Mayor Denzer announced that October 4 through 10 is Fire Prevention Week and i stated that the Fire Department will hold it's annual poster contest. All interested parties should contact the Fire Department for information on the contest. Judging will be held on October 10 between 10:00 a.m. and 2:00 p.m. at Fire Station No. 4. Shiely stated that the date and time of the Chamber of Commerce Halloween Parade is Saturday, October 31, 1998, at 1:00 p.m. She encouraged the community to become involved with the parade. Mayor Denzer announced that the month of October is National Breast Cancer Awareness Month. Kohls updated the Council and Staff on her involvement with the Water Governance Committee. She explained that the Committee would consist of inembers from the Watershed and the DNR. The Committee is looking at how watersheds and water management is being governed today, and it agrees that there is room for improvement. Kohls stated that attending the Committee meetings has been interesting, and she has learned a lot. She will update the Council as the process moves along. Hale asked Schroeder to update the Council as to where the Staff was with the preliminary feasibility study. Schroeder responded that the Council authorized the Staff to go ahead with an engineering feasibility study for the project with a$20,000 amount � suggested. The amount suggested was low and Staff is now discussing refining the study. Schroeder stated that he would be meeting with Metropolitan Council to discuss Regular Meeting - October 7, 1998 Cottage Grove City Council � Page 14 this issue further. Hale asked if time is critical, and Schroeder responded that timing for certain aspects of this project are critical. PAY BILLS MOTION BY WOLCOTT, SECONDED BY HALE TO APPROVE PAYMENT OF CHECK NUMBERS 104455 TO 104758 IN THE AMOUNT OF $1,364,819.33. MOTION CARRIED. 5-0. Mayor Denzer temporarily adjourned the Regular Council Meeting to the adjoining conference room at 9:14 p.m. for a Workshop Session, open to the public. WORKSHOP SESSION Mayor Denzer opened the public workshop session at 9:25 p.m. Receive Information on Possession. Consumption, and Sale of 3.2 Beer in City Parks and Open S�aces Schroeder stated that Staff provided the Council background information on � possession, consumption, and sale of 3.2 beer in City parks and open spaces. Staff is looking for direction on this issue. Shiely stated that she would like the Council to establish some sort of permitting process akin to what other communities do. She would like to see parks used for events such as family reunions and weddings, where wine and beer could be allowed on occasion. Hale suggested a plan similar to the City of Hastings, as he is opposed to alcohol in parks, but wondered if athletic complexes are considered parks, and thinks athletic complexes should not be referred to as "parks." He explained that Hastings leases back the athletic facility. If there is an organization that wants to have beer, the City can lease the facility for the time that they have the games, and the organization pays a fee. Hale stated that youth activities should not be allowed, and this lease would be for adult-sponsored events geared for adults. Wolcott stated that he agreed with Shiely. He does not want to get involved with selling alcohol. The Council agreed. Shiely stated that there needs to be a consistent policy. Kohls stated that she is not opposed to permitting for a function, but questioned if ` drinking is allowed in a park, how does the City control drinking. This gets into the liability issue. Shiely stated that the group that gets the permit is liable. Kohls stated Regular Meeting - October 7, 1998 Cottage Grove City Council : Page 15 that by permitting, the police are aware of the function. Hale stated that this policy could be established. Mayor Denzer stated that county and state parks do not allow drinking. Kohls stated that she is not opposed to permitting for a special occasion. Mayor Denzer asked if there would be a charge for the permit. Shiely suggested determining what other cities do. Wolcott stated that there should be a reasonable fee for staff administering a permit. Kohls stated that if the City permits, if there are problems for the residents, the City would know who the responsible party would be. Hale suggested the person obtaining the permit give a deposit for clean-up, etc. Kohls stated her concern about liability. She has discussed the liability issue with the City Attorney on previous occasions. Shiely asked Staff to provide information on the details of how other cities handle their permitting process, what they are charging, and what the insurance liabilities are. • Kohls stated that by issuing a permit, the City is saying it is okay drink. She requested a legal opinion as to where the City stands if someone who drinks causes injury, what is the City's liability. Kohls stated she would consider permitting if all her concerns are covered. Hale asked Staff to look into Kohl's concerns. Recruitment Process for Public Safety Director Assistant City Administrator Michelle Wolfe explained the recruitment process. She informed the Council that an evening reception date needed to be set and committee members selected. The Council and Staff discussed available dates. Wolcott asked how many candidates the committee would review. Wolfe stated that 14 candidates met the minimum requirements, and the top group to be interviewed could be four to eight candidates. The four to eight candidates will have two interviews and the personality/aptitude test, then attend the reception that evening. Mayor Denzer suggested there be five candidates or less. Wolfe explained that the community panel and Staff will get the number of candidates down to the top two or three, and the final interview will be with Schroeder, two Council members and Wolfe. She explained that all five Council members would be at the reception. ` It was determined that the date for the interviews and the reception be on Friday, - October 30, 1998, with a fall back date of November 6, 1998. Regular Meeting - October 7, 1998 Cottage Grove City Council . Page 16 The Council discussed the potential members of a community panel and gave their recommendations to Wolfe. Mayor Denzer confirmed that there are seven potential members of the community panel. He asked Wolfe to contact the potential community panel members, and contact the Council if she needs further input. CityVision Workshop Kohls stated that she would like to go item by item through the report when the Council has at least two hours to discuss this issue. Mayor Denzer suggested tabling this issue to the next Regular Council Meeting. Shiely agreed that this issue is important and it deserved the Council's full attention. The Council agreed that this issue should be held on a separate date. The meeting was scheduled for Tuesday, November 10, 1998, at 7:00 p. m. Discussion Reaarding Future Actions on TH 61 Project Schroeder stated that the City of Newport has been deliberating over the level of impact of TH 61 in the community by the construction project. Schroeder stated that all three i � neighboring communities have passed a resolution regarding what should occur and the City of Newport may amend their position. He explained that the City of Newport has stated that one overpass is now appropriate and the Minnesota Department of Transportation is preparing for one overpass. The Newport City Administrator thought the Newport City Council would be prepared for Cottage Grove's second Council meeting in November. Schroeder stated that he had talked with the City Administrator from Newport and their Council is interested in adopting a resolution which strongly supports Newport being compensated for any negative impact from the project. He explained to the Council the ramifications for the City of Cottage Grove if there were a delay in the project. Schroeder stated there are finro issues, the individual impact to businesses, and a quantum impact to businesses as a whole. Mayor Denzer stated that the resolution should be worded that the Council does want the overpass to go ahead, but they are sympathetic to the disruption it would cause. The Council discussed the specific wording of the resolution. Kohls and Shiely agreed that the word "reasonable" would clear up any confusion. Schroeder stated that this issue would be put on the next Council meeting agenda for further discussion. � Mayor Denzer closed the open public workshop session at 10:25 p.m. Regular Meeting - October 7, 1998 Cottage Grove City Council • Page 17 CLOSED WORKSHOP SESSION City Administrator Review Pursuant to the open meeting law, the City Council held a closed session to meet with the City Administrator to conduct his annual perFormance evaluation. The following were present for the closed session: Mayor John Denzer Council Member Jim Wolcott Council Member Sandy Shiely Council Member Cheryl Kohls Council Member Rod Hale City Administrator Ryan Schroeder MOTION BY SHIELY, SECONDED BY WOLCOTT, TO ADJOURN THE CLOSED SESSION AND RECONVENE THE REGULAR MEETING. MOTION CARRIED. 5-0. `' ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY HALE, TO ADJOURN THE REGULAR COUNCIL MEETING AT 12:01 A.M. MOTION CARRIED. 5-0. Respectfully submitted, Carolyn Petruga Recording Secretary TimeSaver off Site Secretarial, Inc. �` ���eS �ov�e%� fp - � w. � 8432 80th St. So. Cottage Grove, MN 55016 October 2, 1998 City of Cottage Grove Attention: Caron Stransky, City Clerk 7516 80th Street South Cottage Grove, MN 55016 Ladies and Gentlemen: SUBJECT: Proposed Assessments of Improvements This letter is in regard to the assessment on our property for the 80th Street improvements. Listed below are events that occurred and changes made resulting, in our opinion, non-improvements as opposed to improvements. �o�r�n� �-� z, Cor,�re'� l vnew, be� Je��y 1. Before work began in June, Engineer Eric Johnson indicated with an on-site visit that the old frontage road and curb were in good shape. We, as residents, knew this and wondered why anything had to be replaced. Mr. Johnson also stated that the elevation of the new frontage road and new curb would only at best change by about two to three inches which was also stated at several meetings at City Hall. 2. The old frontage road and old curb were removed around June 17; the new curb was not installed until the beginning of July; and the blacktopping of the new frontage road was not completed until about August 17 resulting in two months of gravel road. 3. The frontage road was excavated to a depth of about two to three feet resulting in the telephone line being cut which was clearly marked. Telephone service was not available for about four to five days even though the construction crew knew they had cut the line. We, as the residents, were responsible for getting the telephone company to repair the damage. 4. On the morning of the new curb construction, Angela, � consultant for the City of Cottage Grove, indicated to us that she had looked at the survey specifications and that more gravel would be hauled in before the new curb S � � • QI � City of Cottage Grove Page 2 October 2, 1998 construction to keep the elevation of the new curb virtually the same. That afternoon, the new curb was constructed without any additional gravel resulting in the new curb being nine to twelve inches lower. We asked her to stop the curb construction that afternoon until the situation was resolved and she refused. 5. The excavation of the frontage road down two to three feet did affect the boulevard tree roots. Bachmans indicated that the construction company and the City of Cottage Grove should take care to not damage the tree roots severely. Even though there was a huge concern in the Twin Cities concerning trees lost to the month of May windstorm, the construction of the frontage road did not seem to be a concern with regard to destroying 30-35 year old trees. 6. The six foot section of driveway that was removed from our residence was in excellent condition and was even difficult for the construction company to break up. Construction of the new six foot section was delayed � because the cement truck was late due to getting lost causing the cement to already start to set up in the truck. As a result, the construction worker who was trowelling the cement said he was late and did not work the cement enough leaving already the distinct possibility of rock pops. We did not have rock pops in the old six foot section. 7. The replacement of the five and one/half foot curb grass was made with sod that appeared to be too old and was simply just thrown down without tying it together. Watering of this new sod was only on two or three occasions resulting in our having to water it ourselves to somewhat keep it alive which, of course, is a cost to us both in the amount of water used and our time. 8. The constant construction noise, dust, and severe shaking of the house did cause some damage and also possible future damage not yet discovered. 9. The cement lines between the frontage road and 80th Street are not straight or parallel with one another thus making it unpleasing to look at. 10. The frontage road across 80th Street from our residence has always been higher in elevation than 80th Street. . With the new construction, this elevation has not changed resulting in the slope of their driveways and lawns not changing as we experienced and do not } • � • � City of Page 3 October Cottage Grove 2, 1998 understand why we had to be lowered. The amount of grass removed from the curb toward our house was five and one/half feet because the elevation of the frontage road changed while hardly no grass was removed from the properties across the street. . POINTS OF CONCERN 1. Prior to construction, the posted speed limit on 80th Street was 35 miles per hour. However, we observed that the average speed of vehicles was 45 to 50 miles per hour. During construction of 80th Street, the posted speed limit was 25 miles.per hour but we observed that 50 per cent of vehicles exceeded the limit to again 45 miles per hour. 2. What will the enforced speed limit be on 80th Street upon completion of construction? Any speed of vehicles above 35 miles per hour creates a dangerous situation for our residence. 3. Where will the stoplights be located with regard to Hyde Avenue and Ideal Avenue? If stoplights are only located at Hyde Avenue and the high school parking lot and not Idea1 Avenue, we question the decision when the high school parking lot is only extremely used 176 days a year whereas Ideal Avenue is used by us and residents of Cottage Grove 365 days a year. 4. For 26 years, we have always gained access to 80th Street from the frontage road to Ideal Avenue. As the situation now exists, we must gain access by having to travel farther using ?9th Street to Ideal Avenue. 5. Will the final blacktop surface be applied to the frontage road before winter? If it is not, we speculate that the plowing of snow by the snowplows will severely damage the new curb. 6. Even though the City Council members are elected at large by the residents of Cottage Grove including us, one council person elected to not return our calls of concern regarding the 80th Street road construction. i ,� • "` � � City of Cottage Grove Page 4 October 2, 1998 As indicated at the beginning of this letter, we would not object to the assessment of $1,998.00 if improvements has occurred but, in our opinion, non-improvements or no improvements seems to be the situation. We urge the City Council to consider reducing the proposed amount of assessment due to these non-improvements or no improvements. S' erely our �,`"`!�`C,� Dennis Laue Linda Laue • . i. ; r � � sou� WASHINGTON tOliN?Y SCHOOLS 7362 East Point Douglas Road South Cottage Grove, MN 550� 6-3025 DAN W. HOI� SUPEWNTENDEN[ October 5, 1998 PHONE: (612) 456-6300 FAX: (612) 458-6318 TDD: 458-6333 Ms. Elizabeth Johnson, Finance Director City of Cottage Grove 7516 80`� St. S. Cottage Grove, MN 55016 RE: Objection to Proposed Assessment, Park High School and Crestview Elementary School. Dear Ms. Johnson: Please consider this letter written notice of South Washington County School District No. 833's objection to the proposed assessment for the 80` Street Reconstruction Project for • the above mentioned properties. The rationale for our objection to the assessment amount is delineated below. l. The district objects to the City's decision to use different formulas in determining assessment amounts for religious properties and school properties. Historically the City of Cottage Grove has maintained that religious and school properties are "like properties" and used the same residential lot equivalency formula to determine the amount of the assessment for each. 2. The district objects to the amount of the assessment on the basis that it exceeds the increase in value of the improvements to the district's property. 3. The district objects to the inclusion of 100% of the cost of installing the signal lights at 80'�' Street and Hinton Avenue and $O street and Hyde Avenue in the calculation of the district's assessment. It is ina�propriate to include 100% of the cost of the signal lights when only 1 /a of the 80 and Hinton intersection and 1 /z of the 80�' and Hyde intersection can be considered to be on district property. 4. The district objects to the 50% increase in the cost factor used to determine the amount of the school district assessment. The engineering estimate of the cost was $300,700 while the cost used to calculate the assessment was $454,000. �r��a� � � ��'��r�.�� �.,� ��f1r��='t � •��'r�c.� � � � The district would appreciate the opportunity to present an oral objection at the October 7, 1998 assessment hearing. Please present this letter of objection to the city clerk and the presiding officer at the city council meeting of October 7, 1998 as required in your notice of assessment hearing. If there are other procedural steps the School District needs to perform in order to have their objection heard please contact me at 458-6276. Sincerely, �. .1/ . �� �Q e� � �� Michael T. Vogel Director of Educational Support Services Cc: Jonathan Reppe, General Counsel Dan Hoke, Superintendent School Board Members i � � J � � � `� S„J � � �� � i� ,�� J � VI L 1l1 " N O � N M N � � � p O � � C � � �Z V �� C p ai � +r O c c'ov � v 3 �� W 0 � � U ; M � n N � M on� � � � � �� � � � �'� � � � "'V �' :z � � � � � � .N� � V � � � v