HomeMy WebLinkAbout1998-10-21 MINUTES• REGULAR MEETING
COTTAGE GROVE CITY COUNCIL
October 21, 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 Kohls
Absent: None
Also present: Ryan Schroeder, City Administrator
Jim Kinsey, Acting Public Safety Director
• Kim Lindquist, Community Development Director
Bob Long, City Attorney
Michelle Wolfe, Assistant City Administrator
At 7:15 p.m., Mayor Denzer opened the Open Forum.
Mayor Denzer visited with Casey Hoffman who recently won an American Pre-
Teen talent contest and will now advance to the National American Pre-Teen
contest to be held in Orlando, Florida. Miss Hoffman asked that the City provide
her with 120 "tokens" displaying the name Cottage Grove to share with other
contestants at the national event. City Administrator Ryan Schroeder stated that
he will forward the tokens to Ms. Hoffman.
At 7:18 p.m., Mayor Denzer adjourned the Open Forum.
CALL TO ORDER
The City Council of the City of Cottage Grove, Washington County, Minnesota
held a regular meeting on Wednesday, October 21, 1998, at the Cottage Grove
City Hall, 7516 80th Street South. Mayor Denzer called the meeting to order at
7:30 p.m.
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Regular Meeting - October 21, 1998
Cottage Grove City Council
Page 2
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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
Bob Long, City Attorney
Jerry Bourdon, City Engineer
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 WOLCOTT, SECONDED BY HALE, TO APPROVE THE FINAL
AGENDA. MOTION CARRIED. 5-0.
PRESENTATIONS
Status of Medical and Dental Insurance
Tim Dunleavy of Johnson McCann Benefits, Inc. briefly reviewed the status of
the benefits provided by Johnson McCann Benefits to the City of Cottage Grove.
Dunleavy stated he had good news for the City regarding the cost of their health
and dental insurance. For the first time in five years, this year there was no
increase cost. He presented charts to the Council showing the history of the
City's account, and explained the cost process. He stated that the City's
wellness program with Health Partners helped maintain the City's costs through
preventive care.
Wolcott asked if the patient co-pay was standard. Dunleavy responded that a
$15 co-pay is a typical average and this co-pay also brought professional
services costs down.
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Regular Meeting - October 21, 1998
Cottage Grove City Council
Page 3
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APPROVAL OF MINUTES
The minutes of the October 7, 1998, Regular City Council meeting were
accepted as presented. Mayor Denzer asked that the City Clerk record the
Minutes as presented.
CONSENT CALENDAR
Hale asked that item B be acknowledged and stated that a$100 gift was given to
the City from North Star Steel Minnesota for the Sixth Annual Youth Safety
Camp.
Kohls asked that items G through M be "lumped" together and discussed by the
Council. Kohls explained that items G through M are change orders and
suggested that in the future the Council should go through the change orders
item by item and review them further with more information provided.
MOTION BY WOLCOTT, SECONDED BY SHIELY TO:
A. ACCEPT AND PLACE ON FILE THE SEPTEMBER 13, 1998, PARKS,
• RECREATION, AND NATURAL RESOURCES COMMISSION MEETING
MINUTES; THE AUGUST 11, 1998, PUBLIC SAFETY, HEALTH, AND
WELFARE COMMISSION MEETING MINUTES; AND THE SEPTEMBER
14, 1998, PUBLIC WORKS COMMISSION MEETING MINUTES.
B. ADOPT RESOLUTION NO. 98-193, A RESOLUTION ACCEPTING A
$100 DONATION FROM NORTH STAR STEEL MINNESOTA FOR THE
SIXTH ANNUAL YOUTH SAFETY CAMP.
C. APPROVE THE APPOINTMENT OF DICK PEDERSON TO THE
ECONOMIC DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE
12/31 /02.
D. APPROVE THE APPOINTMENT OF ERIN GEBHART AS YOUTH
REPRESENTATIVE TO THE PARKS, RECREATION, AND NATURAL
RESOURCES COMMISSION.
E. APPROVE THE APPOINTMENT OF BOB LaBROSSE AS CH{EF
BUILDING OFFICIAL, SUBJECT TO COMPLETION OF A ONE-YEAR
PROBATIONARY PERIOD.
F. APPROVE THE APPOINTMENT OF RYAN R. SCHROEDER TO
. REGULAR STATUS.
Regular Meeting - October 21, 1998
Cottage Grove City Council
Page 4
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ADOPT RESOLUTION NO. 98-194, A RESOLUTION APPROVING THE
SUPPLEMENT TO EMPLOYMENT AGREEMENT BETWEEN THE CITY
OF COTTAGE GROVE AND CITY ADMINISTRATOR RYAN
SCHROEDER.
G. APPROVE CHANGE ORDER N0. 29 TO LISTUL INDUSTRIES FOR
$1,979.82 ON THE PUBIC WORKS BUILDING EXPANSION.
H. APPROVE CHANGE ORDER NO. 35 TO KELLINGTON
CONSTRUCTION FOR $38,353.90 ON THE PUBLIC WORKS BUILDING
EXPANSION.
I. APPROVE CHANGE ORDER NO. 38 TO SWANSON PLUMBING AND
HEATING FOR $181.00 ON THE PUBLIC WORKS BUILDING
EXPANSION.
J. APPROVE CHANGE ORDER NO. 39 TO LISTUL INDUSTRIES FOR
$841.96 ON THE PUBLIC WORKS BUILDING EXPANSION.
K. APPROVE CHANGE ORDER NO. 40 TO SWANSON AND YOUNGDALE
• FOR $480.00 FOR THE PUBLIC WORKS BUILDING EXPANSION.
L. APPROVE CHANGE ORDER NO. 41 TO PHASOR ELECTRIC FOR
$21,024.00 ON THE PUBLIC WORKS BUILDING EXPANSION.
M. APPROVE CHANGE ORDER NO. 42 TO PHASOR ELECTRIC FOR
$3,969.00 ON THE PUBLIC WORKS BUILDING EXPANSION.
N. RECEIVE REPORT FROM FINANCE DIRECTOR LIZ JOHNSON,
DATED OCTOBER 14, 1998, IN RESPONSE TO COUNCIL ACTION
DELAYING ADOPTION OF 80TH STREET ASSESSMENTS.
O. ADOPT RESOLUTION NO. 98-195, A RESOLUTION APPROVING
FINAL PAYMENT IN THE AMOUNT OF $13,811.90 TO SPANCRETE
MIDWEST COMPANY FOR THE PUBLIC WORKS BUILDING
EXPANSION PROJECT.
P. ADOPT RESOLUTION NO. 98-196, A RESOLUTION IN SUPPORT OF
FURTHERANCE OF THE WAKOTA BRIDGE/TRUNK HIGHWAY 61
IMPROVEMENT PROJECT.
Q. ADOPT RESOLUTION NO. 98-197, A RESOLUTION CLOSING 1994A
IMPROVEMENT BONDS (464) AND 1994B IMPROVEMENT BONDS
� (465) TO THE CLOSED DEBT FUND (300).
Regular Meeting - October 21, 1998
Cottage Grove City Council
Page 5
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ADOPT RESOLUTION NO. 98-198, A RESOLUTION APPROVING THE
INTERFUND TRANSFER FROM THE CLOSED DEBT FUND (300) TO
THE WATER OPERATING FUND (610) TO COMPLETE THE
FINANCING OF THE PUBLIC WORKS BUILDING EXPANSION.
R. RECEIVE THE DRAFT INFORMATION ON THE FISCAL IMPACT
ANALYSIS FROM COMMUNITY DEVELOPMENT DIRECTOR KIM
LINDQUIST.
MOTION CARRIED. 5-0.
RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES - None.
PUBLIC HEARINGS - None.
BID AWARDS
Award Bid to Dictaphone Systems. Incorporated for the Enterprise Voice and
Data Manaaement System
• MOTION BY WOLCOTT, SECONDED BY HALE, TO AUTHORIZE THE
PURCHASE OF THE ENTERPRISE VOICE AND DATA MANAGEMENT
SYSTEM FROM DICTAPHONE SYSTEMS, INCORPORATED IN THE
AMOUNT OF $45,880.00, AND ADDITIONAL TELEPHONE ANALOG LINES
FOR $13,000 PLUS SALES TAX. MOTION CARRIED. 5-0.
UNFINISHED AND NEW BUSINESS
Approve Proposal and Expenditure for Fiscal Impact Study of Grey Cloud Island
Hale stated that the proposal provided to the Council is asking the City to
participate with the Metropolitan Council in a Fiscal Impact Study and described
the options for the development. Hale stated that one scenario being asked to
consider is a mixed residential development of 600 new units. Hale stated he
was not comfortable with this option. Hale stated that he would like to suggest
that the scenario for maximum development of 600 units be amended. His
amendment would be to consider the development based on the City's
ordinance for rural development. Hale explained that this amendment gives the
flexibility and gets to the core of what the City is concerned about.
City Administrator Schroeder stated that Staff is comfortable with the
� amendment.
Regular Meeting - October 21, 1998
Cottage Grove City Council
Page 6
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Wolcott asked how many houses are at the upper end of the scope. Community
Development Director Lindquist responded that the lower densities are with a
septic and well system. At the higher end is the rural densities with one unit per
three acres of land. Lindquist stated that Staff is trying to compare the individual
septic options with the compact systems. The capital costs and the operational
costs would be vastly different than the individual. Lindquist stated that her
assumption is that the developer would pay, but the future operating costs will be
from the City.
Wolcott stated the Staff needs to look at a wide range of options and look at the
full range so the Council can determine the financial impact.
Hale stated that if a landowner wants to make adjustments within the ordinance
by making a request for City services, it is his option, not the option of the City.
Hale asked why the City should pay to have this done. The landowner should
pay. Hale stated that Staff needs to study the infrastructure costs.
Lindquist stated that the City can accommodate both scenarios because the
initial thought was to be fairly conservative. Lindquist stated that he felt that Staff
has been fairly prudent.
• Shiely stated that the City is assuming that there will be some kind of
development. Lindquist stated that there are people interested, but the first
scenario is a full park development. Lindquist explained that people are making
a lot of guesses with what is the best financial option for the City.
Shiely agreed with Hale and stated that as far as she knows there are no
potential plans.
Lindquist stated that Staff is planning on meeting with the County regarding the
scope of this issue.
Shiely stated that the park would require a commitment by the City and is
something the City wants and is willing to pay for. There is no way a full park
study will show the City coming out financially ahead.
Kohls stated that the study wilf give the City a clue as to the costs. Kohls stated
that the park may not put the City in the hole.
Mayor Denzer confirmed that this is just a study.
Hale asked if the study will include road improvements to the island, etc.
• Lindquist responded yes.
Regular Meeting - October 21, 1998
Cottage Grove City Council
Page 7
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Wolcott asked if the approval could be worded for individual systems. Lindquist
stated yes. Lindquist stated that Staff can come up with criteria that will not look
like the proposal.
Hale stated with the gross land figures, they could put an unlimited number of
houses. By doing this now, they are misleading people. Kohls agreed.
Kohls stated that she would like the public to know the Council is not advocating
a complete park or high density housing on the island. Kohls explained that the
Council is trying to be fiscally responsible. When the time comes for the park to
be a discussion issue, there will be some solid information to work with.
MOTION BY HALE, SECONDED BY WOLCOTT, TO APPROVE THE FISCAL
IMPACT STUDY OF GREY CLOUD ISLAND AND THE APPROPRIATION OF
$7,000.00. MOTION CARRIED. 5-0.
Adopt Resolution Grantin� Variance to Section 28-21(c) of the City's Zoning
Ordinance to Reduce the 20-Foot Minimum Side Yard Setback for Accessorv
Structure to 7 Feet for Property located at 7468 Grand Circle South
• MOTION BY WOLCOTT, SECONDED BY HALE, TO ADOPT RESOLUTION
NO. 98-199, A RESOLUTION GRANTING A VARIANCE TO SECTION 28-21(C)
OF THE CITY'S ZONING ORDINANCE TO REDUCE THE 20-FOOT MINIMUM
SIDE YARD SETBACK FOR AN ACCESSORY STRUCTURE TO 7 FEET FOR
THE PROPERTY LOCATED AT 7468 GRAND CIRCLE SOUTH. MOTION
CARRIED. 5-0.
Adopt Resolution A�proving CAMAS Minnesota, Incorporated's 1998 Mininq
Permit to Excavate and Process Aaarec,Late Material located at 11250 Grev
Cloud Trail South
Lindquist informed the Council of minor changes to the resolution. Page 2, at
the fifth "whereas" it reads "WHEREAS, blasting, dewatering, stripping of
overburden/topsoil, screening, and crushing operations are not proposed; and".
Lindquist stated that the first word "blasting" and the sixth word "screening"
should be deleted.
Lindquist also informed the Council that condition number 9, reads "A minimum
of 500 tree seedlings having a minimum height of 24 inches shall be planted
throughout the reclaimed areas of the mine" should include "in the year 1999" at
the end of the sentence.
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Regular Meeting - October 21, 1998
Cottage Grove City Council
Page 8
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Bob Bieraugel of CAMAS Minnesota, Inc. indicated an additional minor
correction to the fifth "whereas." He stated that screening does take place,
however there is no blasting. There is dewatering and stripping.
Bieraugef stated that the sixth "whereas" describes the legal counsef for the
Schilling family's concern about the plant. He explained that the fifth "whereas,"
in his estimation, does not belong. The Schillings asked that this be a condition,
not a"whereas". Bieraugel stated that this "whereas" belongs in the CUP, as well
as a"whereas" regarding CAMAS attorney's exception to this issue. He asked
the Council to strike this "whereas".
Bieraugel stated that CAMAS had no objection regarding additional trees.
Bieraugel stated that under condition number 8 it is required that CAMAS pay iYs
fair share of road maintenance, etc. He explained that there was discussion
regarding this condition at the Planning Commission meeting and any share the
company pays would be part of an assessment process. Bieraugel stated that
this condition be a condition of the CUP, and requested this condition be
removed with the understanding that the repair costs be passed along in the
assessment process.
• Hale asked if the Schilling family signed-off on the sixth "whereas." Bieraugel
responded yes.
Hale asked about condition number 8 and how much CAMAS pays in County
tax. Bieraugel responded that in 1997 CAMAS paid $147,000. Hale asked if this
tax was paid for tonnage, and Bieraugel stated in 1997 CAMAS paid an
additional $89,000 in aggregate tax. Hale asked if this is just for the Nelson
plant, and Bieraugel stated yes. He explained to the Council the taxes paid by
CAMAS.
Lindquist stated that with regard to the sixth "whereas" the City resolutions
require this be public information. Lindquist stated that with regard to condition
number 8, she disagreed with Bieraugel views. Lindquist explained that the
Planning Commission felt that it was a good item to include whereby putting
CAMAS on notice that the City would be looking at an assessment process. The
Planning Commission felt that it was appropriate.
Shiely asked what the City could do to increase the aggregate tax paid to the
City. Wolcott stated that Cottage Grove is in a unique situation because County
roads are not used, City roads are used. Most plants are on County roads.
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Regular Meeting - October 21, 1998
Cottage Grove City Council
, Page 9
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Hale suggested that the City inform the County that because they are
reimbursed, they ought to consider taking over Grey Cloud Trail and 103rd.
Council agreed the County should be approached.
Schroeder stated that the County determines how the money will be reimbursed
to the City. Schroeder stated that Cottage Grove does get a larger share than
one or two other jurisdictions.
Schroeder stated that condition number 8 is putting CAMAS on notice that if
abutting roadways are not improved, CAMAS will be assessed.
Lindquist stated that comments made during the public hearing are included in
the resolutions.
MOTION BY WOLCOTT, SECONDED BY SHIELY, TO APPROVE
RESOLUTION NO. 98-200, A RESOLUTION APPROVING CAMAS
MINNESOTA, INC.'S 1998 MINING PERMIT TO EXCAVATE AND PROCESS
AGGREGATE MATERIAL AT 11250 GREY CLOUD TRAIL SOUTH, DELETING
"WHEREAS." MOTION CARRIED. 5-0.
• RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND
REQUESTS - None.
COUNCIL COMMENTS AND REQUESTS
Wolcott stated that there will be an open house held at the Public Works Building
on October 24, 1998, at 10:00 a.m. to 3:00 p.m.
Hale stated the Council had received a letter regarding the alignment of Jamaica
and Tower. Hale asked that the letter be forwarded to the City Engineer for
review.
PAY BILLS
MOTION BY SHIELY, SECONDED BY KOHLS, TO APPROVE PAYMENT OF
CHECK NUMBER 104759 TO 105002 IN THE AMOUNT OF $1,746,609.25.
MOTION CARRIED. 5-0.
Mayor Denzer temporarily adjourned the Regular Council Meeting at 8:21 p.m.
for a workshop session open to the public.
WORKSHOP SESSION
� Mayor Denzer opened the public workshop session at 8:37 p.m.
Regular Meeting - October 21, 1998
Cottage Grove City Council
� Page 10
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Workshop Reaardinq Acquisition of Golf Course Property
Council and Staff discussed the City's possible acquisition of the golf course
property.
Wolcott suggested the Mayor and a Council Member meet with the
County Appraiser to discuss the County assessments. Wolcott explained that
City owned and operated golf courses are not taxed and the County is looking at
something to get revenue with at the City's expense. The original agreement
was that the County was not going to tax the City because the golf course was
City operated. Wolcott explained that now the new commercial appraiser at the
County wants to tax the City for the portion of the golf coarse located on 3M
land. Wolcott stated that the golf course is a City run golf course and not a
financial enterprise.
Wolcott questioned if the City should negotiate the purchase of the land from 3M
or go argue with the County. Wolcott suggested that if the land is purchased the
City negotiate with 3M that they have first right to buy back if the City decides to
no longer operate the golf course.
• Hale suggested the City purchase the land. Wolcott suggested that the Mayor
and a Council Member first meet with the County.
Schroeder stated that one issue is the tax, and questioned if it made sense to
buy the property.
Wolcott asked the Council to view the Woodbury Club House and the Oak Marsh
Club House to see what the City is competing with. Wolcott stated the club
house should be expanded to keep up with the competition. The Council agreed
that they support the expansion of the golf course club house. Schroeder stated
that Staff is planning to talk to the Council about the proposed expansion of the
club house at a later date.
Hale stated that if it is in the City's best interest to buy the land, then the City
should go ahead with the purchase. Wolcott stated that meeting with the County
may be quicker.
Mayor Denzer stated that 3M would insist on a right of first refusal.
Shiely agreed that Staff should pursue the purchase of the land.
� The Council directed Schroeder to move forward with the purchase of the
property.
Regular Meeting - October 21, 1998
Cottage Grove City Council
Page 11
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Schroeder asked about the tax issue and stated that it was time for Council
involvement in the discussions. Shiely volunteered to be part of the discussions.
City Attorney Long stated that the County may say the City is obligated to pay
the tax. The law states that taxes are supposed to be paid where there is a
private benefit accruing to a private entity. Long explained that the one case
where taxes were not paid was when there was "free rent." Long suggested
that if the purchase were to fall through, the City could propose to 3M that they
lease the land to the City at no cost.
Kohls asked if the County has the right to waive the taxes. Long stated he did
not think the County could waive the taxes, but felt there was no harm in asking.
Hale stated he would be available to meet with the County. Mayor Denzer
closed the public workshop session at 8:59 p.m.
CLOSED WORKSHOP SESSION - None.
ADJOURNMENT
• MOTION BY DENZER, SECONDED BY SHIELY, TO ADJOURN THE
REGULAR COUNCIL MEETING AT 9:00 P.M. MOTION CARRIED. 5-0.
Respectfully submitted,
Carolyn Petruga,
Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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