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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. . Regular Meeting - October 21, 1998 Cottage Grove City Council Page 2 � 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. r� LJ Regular Meeting - October 21, 1998 Cottage Grove City Council Page 3 � 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 � 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 � 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 � 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 • 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. � Regular Meeting - October 21, 1998 Cottage Grove City Council Page 8 • 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. C� Regular Meeting - October 21, 1998 Cottage Grove City Council , Page 9 . 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 � 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 i 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. .