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HomeMy WebLinkAbout1998-10-21 PACKET 03.A.. " . . � � I j a • a �; li . I, .. •• �.... II� • OPEN FORUM - 7:15 p.m. Open Forum provides persons an opporYunity to inform the Council of a prablem 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) minufes per issue. Present: Absent: Also present: Mayor John Denzer Council Member Jim Wolcatt Council Member Sandy Shiely Councii Member Rod Hale Council Member Cheryl Kohls None Ryan Schroeder, City Administrator Kim �indquist, 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 Farum to the televised portion nf the Regular meeting. He stated that under Open Forum at the September 16 meeting, School District Superintendent Dr. Dan Hake was asked by the Council to discuss the Scnool Bond Referendum. Hoke was then asked by the Council to discuss the �ond Issue during the Regular meeting for resident viewing. Kjeliberg commented he felt Cottage Grove residents snould be given the same opportunity. Council Member Shiely responded that if an Open Forum speaker vvauld like tneir issue addressed during a Regular meeting, it couid be placed on a futur� agenda. Shiely explained ta Mr. Kjellberg why the Cauncil dacided to nan-televise Open Farum. At 7:18 p.m., Mayor Denzer adjGUrried Open Farum. Regular Meeting - Octaber 7, 1998 Cottage Grove City Councif Page 2 CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meetir�g on Wednesday, October 7, 1998, at the Cottage Grove City Hali, 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 Mem6er Sandy Shiely Council Member Rod Hale Council Member Cheryl Kohis Absent: None Also present: Ryan Schroeder, City Administrator Kim Lindquist, Community Development Director Liz Johnson. Fi�ance Director Corrine Thomson, City Attorney — Kennedy & Graven Jerry Bourdon, City Engineer-- BRAA Jim Kinsey, Acting Pubiic 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 WOLGOTT, TO APPROVE THE FINAL AGENDA. MOTION CARRIED. 5-0. .. . � Prodamation Declarinq the Month of October 1998 as Crime Prevention Month �ayor Denzer read aloud the proclamation declaring the month of Octaber, 1998, as Crime Prevsntion Month. ... � � 7he rninufes ag the August 5, 1998, and September 16, 1998, Reguiar City Cauncil meetings were accepted as presented. Mayor Den�er a�ked fhat the City Clerk recard the Minutes as pre�ented. Regular tvieeting - October 7, 1998 Cattage Grave City Council Page 3 CONSENT CA�ENDAR Gouncil Member Wolcott pufled Item B for discussio�. Council Member Kohis 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. Kohis explained that Item J is a resolution that the Schoal Board and School District have asked the Council to adopt. The resolution urges citizens of Cottage Grove to vote in favor of the Ievy referendum. Kohis 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 couid give the Board Member a benefit of the doubt. Kohls explained that members of tne 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 bilis. When her father passed away about a month ago, he paid off all his medical bills. Kohls informed the Council she wouBd abstain from voting on the Consent Agenda. Mayor Denzer asked for the record to show that Council Member Konis would abstain from voting on the Consent Ca(endar. 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. � i � � � • I ...: I r � , ' e.. a. • � . ',. � � , �. � � � '� i � . �� '.* ���.. ��.. �... . �� .. �.� �. .�• �.\�', �.�.: � �'��.� � . �s� .�• .�A�. f.� �. � ' �' . i � ' + i I � �� � �� ♦ . � . �� . � � t � '.a . . y � 1 �, a' �.. � �� �� w■ �� �.. �� w aa ��� ��, r. ; �, � E � � � � � � Regular Meeting - October 7, 1998 Cottage Grove City Council Page 4 AGCOUNT TO 0$00-4370 T(J BE USED 7Q 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 I 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 GU�NER TO THE POSITION OF SECRETARY I FOR THE ICE ARENA AND RECREATION DEPARTMENTS EFFECTBVE OCTOBER 12, 1998, SUBJECT TO COMP�ETION OF A ONE- YEAR PROBATIONARY PERIOD. G. APPROVE APPOINTMENT OF DONf�A 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 80TN STREET RECONSTRUCTION CONTRACT FOR 80TH STREET AND EAST POlNT DOUGLAS ROAD. APPOWT COUNCIL MEM�ERS CHERYL KOHLS AND JIM WOLCOTT, AND CITY ADMINISTRATOR RYAN SCHROEDER TO THE DISPUTE RESOLUTION PROCESS FOR THE HINTON/TOWER ROAD EXTENSION PROCESS. ADOPT f?ESOLUTIONlVCi. 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 DANGE PERMIT. . �. # . � . y � - �� . �. , , � . �� � . . � � . . , ,, . . , . , . � �, , .. . ... . + Regular Meeting - October 7, 1998 Cattage Grove Gity Council Page 5 N. APPROVE CHANGE ORDER NUMBER 1 TO ERICKSON CONSTRUCTION, INC., FOR $47,275.00 FOR THE WEST DRAW TRUNK UTI�ITY PROJECT. O. ADOPT RESOLUTIOtd 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 WAIDELICN, JR., TO PERMIT CONSTRUCTION OF AN OVERSIZED DETACHED ACCESSORY STRUCTURE AT 7630 - 113TN STREET SOUTH. Q. ADOPT RESOLUTIG�Id NO. 98-184, A RESOLUTION REQUESTING AN EXTENSION TO THE DECEMBER 31, 1998, DEADLINE FOR REVIEW OF THE CITY OF COTTAGE GROVE COMPREHENSIVE PI.AN FOR CONSISTENCY WITH AMENDED METROPOLITAN COUNCIL POLICY PLANS. R. ADOPT RESOLUTIOM NO. 98-185, A RESOLUTION AUTHORIZING A REAPPORTIONMENT OF ASSESSMENTS ON LOT 1, BLOCK 1, EAGLE RIDGE ADDlTION, TOTALING $7,434.80. S. ADOPT l2ES()LUTIOiV fd0. 98-1&6, A RESOLUTION PROVIDING FOR ASSESSMENT DEFERRALS AT 8926 89 STREET SOUTH, 8913 IRONWOOD AVENUE SOUTH, AND 8706 ISLE AVEIJUE SOUTH, ALL COATED WITHIN THE PAVEMENT MANAGEMENT DISTRICT E3 IMPROVEfviENT PROJECT. T. ADOPT RESOLUTtON /V0 98-187, A RESOLUTION REVISING THE COSTS TO BE DEC�ARED FOR THE 80TFi STREET IMPROVEMENT PROJECT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL . �.. �. . � � . .. , , MOTIdN CARRIED. 4-0. KOHLS ABSTAINEd FROM VOTING ON TNE COfVSENT AGENDA. , . � .� Regular Meeting - October 7, 1998 Cottage Grove City Council Page 6 PUBLIG HEARIR�GS 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 far 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 WO�COTT, SECONDED BY HALE, TO ADOPT RESOLUTION NO. 98- 188, A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE PINE FOREST 2ND ADDITION STREET AND UTILITY IMPROVEMEtJTS. 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 E2�SOLUTION PIO. 98-189, A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE PINE FOREST 3RD ADDITiOfJ STREET AND UTILITY IMPROVEMENTS. MOTION CARRIED. 5-0. Adoptinq Assessments for the Pine Glen 6th Addition Street and Utility Improvements Mayor Denzer announced the purpose af the Public Hearing was ta consider adopting the assessments for the Pine Glen 6th Addition street and utility improvements. ) • -� ' -«. � • s • • •. .�• .� iVlayor Denzer apened the public hearing ta those wha uvished ta speak for or against the assessments. l"here being none, fviayor D�nzer clased the public hearing. Regular Meeting - October 7, 1998 Cattage Grove City Council Page 7 MOTION BY WOLC�TT, SECONDED �Y KOHLS, TO ADOPT fd'LSOLUTION h�0. 98- 190, A RES(7LU1"1C7N AF'P�20VING THE ASSESSMENT ROL� FOR PINE GLEN 6TH ADDITION S�REET AND UTILBTY IMPROVEMENTS. MOTION CARRIED. 5-0. Adopting Assessments for the Sand� Hilis 8th Addition Street and Utilitv Improvements Mayor Denzer announced the purpose of the Public Hearing was to consider adopting the assessments for the Sandy Hills 8th Rddition street and utility improvements. Financia! Director Johnson stated that legai 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 RESOLUTBON NO. 98- R91, A RESOLUTION ADOPTWG THE ASSES5MENT ROLL FOR SANDY HILLS 8TH ADDITION STREET AND UTILITY IMPROVEPv1ENTS. MOTION CARRIED. 5-0. Adopt Assessments for the Pine Forest 4th Additian Street and Utility Improvements Mayor Denzer announced the purpose of the Public Nearing was to consider adopting the assessments for the Pine Forest 4th Additio� 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 ciosed the public hearing. MOTION BY WOLCOTT, SECONDED BY KOHLS, 70 ADOPT RESOLUTION IdO. 98- 192, A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE PINE FOREST 4TH ADDITIOfV STREET AND UTILITY iMPROVEMENTS. MOTION CARRIED. 5-0. Ado�g Assessmen4s for the 80th Street Reconstruction Proiect Mayor Denzer announced 4he purpose of the F'ublic Nearing was to cansider adopting the assessments for the 80th s4reet reconstrucfiion impravements FinanciaB Directar Johnson stated that IegaB notice was in order and published in accardarrce wifh applicable la�w. Regular P�leeting - October 7, 1998 Cottage Grove City Council Page 8 Mayar Qenzer opened the public h�aring tc 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 wili not be completed untii next year. Mr. Kjellberg stated that interest on the assessment will begin incurring on November 6, 1998. The City shouid approve the project before residents are asked to pay their assessment. Administrator Schraeder stated tha4 the alternative would be to delay the assessment hearing untii 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 aiso understa�ds that financia! 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 cha�ging the assessment. Mr. Vogel reviewed the formula used to determine the assessrrrent in detaii with the Council. He asked that the City hold off on the School DistricYs assessment until the Gity and School District staff can meet and resolve the objections raised. A copy of the School District`s formai letter of objection, dated October 5, 1998, is attached to and made a part of the original minutes. Mr. Vogel stated ne 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 assessrnent might be. They feel it is their responsibility to question the essessment numbers and would like to sit down with the City Staff. Shiely asked if Staff could expiain to the Schooi District how the increase came about with a decrease in percentage. Schroeder stated that Staff would be happy to meet with the School CDistrict 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. Gfynn asked if the easement stayed wsthin the 10 feet the Ci4y technically owns in his yard, or it he lost any of his praperty after the City moved inta the easement by five feet. Schroeder responded that the Cify has a certain easement, and unless fhe City purchases additional propeety the easement daes no4 change. `fhe City has the Regular Meeting - October 7, 1998 Cottage Grave 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. Sctrroeder 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 easemenf. 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 �es 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 wouid work with the residents to get the Iandscaping done correctly. Mr. Glynn stated his objection to being assessed before the project is completed, a�d 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 Haie asked if the County demanded the City assess before the end nf the year and asked about assessing the second haif 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 wiil 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 ne� year, but it would not be reflecfed an 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 an nat assessing until the praject is campleted. 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 nat worry abaut the interest. Mayor Denzer asked if the valuation of the property goes up, and the City waits until next year to assess, will [he assessment be mnre. Shiely stated the residents cac�ld receive a higher bilf. 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 nof need to be another assessment hearing. The Council could adjourn fhe 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 would 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 w+hy 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. Den�is Laue, 8432 80th Street, stated that he objected to 4he assessment. Mr. Laue informed the Council that he submitted a letter to the City objecting 4o 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. �aue 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 tnat 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, end if it did it vvouid nnt be by mare than a cauple of inches. It was suggested that because of the steepness of his driveway he should 4o ga further back in the existing driveway and start the siope further back. This did solve the problem. Mr. Sherer explai�ed that in doing so„ fhe 10-foot, three-week-oid concrete that he paid for v�ras pulled nut of his driveway. He stated 4hat his aontractor talked with Eric Jahnson ta corrfirm that the elevation of the street was going to be the same and he v�as assured it would i4 would be, and naw it is 10 inches lower. iVovv 4he City contractar tare �ut 10 feet of his Ftegular Meeting - October 7, 1998 Coftage Grove City Council Page 11 driveway and they put in their concrete, which is very rough. He stated that he has been waiting fwo months for this issue to get corrected. The quality of workmanship and the grading and the sodding is very poor, and he abjects 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 narrawer and it is more difFicult to get in and out. He feels he should not have to pay any assessment and shouid be reimbursed for the poor workmanship and quality of concrete in his driveway, and the cost of fixing the retaining wali. 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. Ne 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 ir�come 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 vuith 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 definitian of "completed." Mr. Jacobson responded when the last asphalt is laid and the end of the biock is done. Hale asked about the sodding and stated fhat 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 Iumps and watered his sod every day. Public Works Director Bourdan stated that fihe eontrac4or will replace the sad under his caniracf. �or those who ebant the sod replaced, it will be replaced at na edditional cost. 5hiely and Kohis stafed that the Gauncil is working can the poor quaiity qf the contrac$or's wark. Regular tVleeting - October 7, 1998 Cottage Grove City Counci! Page 12 A member o� 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 Iight is for 80th Street, and one is far 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 IVSP 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 amenabie to a percentage of what is considered completed, and suggested Staff loak 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 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 untii after the project is completed, with a pubiic hearing. MOTION BY HALE, SECONDED �Y WOLCOTT, TO CLOSE THE PUBUC HEARING AND DELAY ADOPTIdN OF THE ASSESSMENT ROLL UNTIL THE PROJECT IS COMPLETED, DEFINING THE PROJECT AS COMPLETED AS AT THE TIME THE CITY ACCEPTS RND SIGNS OFF ON THE PROJECT. fNOTION GARRIED. 5-0. Mayor Denzsr stated there are a lot of issues to be dealt with. Schroeder stated that the cost to the City on what is being Ievied is in the neighbarhaod of $40,000 to $50,000. Mayor Denzer called for a 10 rninute break a4 8:47 p.m. Mayor Denzer resumed the meeting at 9;07 p.m. � . ,. �, , . Regular Meeting - October 7, 1998 Cottage Grove City Cauncil Page 13 �i � � . � : Receive Survey Results Regarding Financial Guarantees for Subdivision Development Mayor Denzer stated 4hat he agreed with Staff's recommendation regarding the financial guarantees for subdivision development. Schroeder stated that the AMM is aiso 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 SURET{ES AND DEVELOPER COSTS FOR SUBDIVISIONS. MOTION CARRIED. 5-0. RESPONSE TO PREVlOUSLY RAISED COUNCIL COMMENTS AND REQUESTS - None. COUNCIL COMMENTS AND REQUESTS Mayor Denzer announced that October 4 through 10 is Fire Prevention Week and stated that the Fire Department will hold iYs annual poster contest. Ali interested parties shauld contact the Fire Department for information on the contest. Judging will be held on Octaber 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 Hailoween 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 NationaP Breast Cancer Awareness Month. Kohis updated the Council and Staff on her involvemen4 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. Kohis stated that attending the Committee meetings has been inferesting, and she has learned a lot. She will update the Council as ihe process mc�ves afong. Hale asked Scfiraeder to update fhe Councrl as 4a where the S�aff was vuith the preliminary feasibility study. Schroeder responded that the Council authorized the Staff 4o ga ahead with an engineering feasibility study for the praject with a�20,000 arnount suggested. The amount suggested was iow arrd staff is naw discussing refining the study. schrneder stated that he wauld be meetirsg with MeYropolitan Cauncil to discuss Regular Meeting - Octaber 7, 1998 Cottage Grove City Councii Page 14 this issue further. Ha[e asked if time is critical, and Schroeder responded that timing for certain aspects of this project are critical. .. � MOTION BY WO�COTT, SECONDED BY HALE TO APPROVE PAYMENT OF CHECK NUMBERS 104455 TO 104758 IN THE AMOUfVT OF $1,364,819.33. MOTION CARRIED. 5-0. Pvlayor Denzer temporarily adjourned the Regular Council Meeting to the adjoining conference room at 9:14 p.rrr. for a Workshop Session, open to the pubiic. WORKSHOP SESSION Mayor Denzer opened the pubiic workshop session at 9:25 p.m. Receive Information on Possession. Consumption. and Sale of 3.2 Beer i� City Parks and Open Spaces Schroeder stated that Staff provided the Council background information on possession, consumption, and sale of 3.2 beer i� City parks and open spaces. Staff is looking for direction on this issue. Shiely stated that she would like fhe 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 Hasti�gs, as he is opposed to alcohol in parks, but wondered if athletic complexes are considered parks, and thinks athletic complexes shauld 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 facilify for the time that they have the games, and the orgenization pays a fee. Hale stated thaf youth activities should not be ailowed, and this lease would be for adult-sponsored events geared for adufts. Wolcott stated that he agreed with Shiely. He does not want to get invoBved with seliing aicahol. 1"ne Cauncil agreed. Shiefy stated that there needs to be a consisten4 palicy. Kah{s stafied that sfie is nof oppased ta permitting for a functian, but questioned if drinking is allowed in a p�rk, hov✓ does the City contral drinking. This gets into the !iability issue. �hiely stated that the group that gets the permif is liable. Kahls stated Regular Meeting - Octaber 7, 1998 Cottage Grove City Council Page 15 Yhat by permitti�g, the police are aware of the function. Hale stated that this policy could be established. Mayar Denzer stated that caunty and state parks do not allow drinking. Kohls stated that sne is not opposed fo 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 Gity 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 Iiabiiity. She has discussed the liability issue with the City Attorney on previous occasions. Shiely asked Staff to provide information on the details of how ather cities handle their permitting process, what they are charging, and what the insurance liabilities are. Kohis 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 tne City's liability. Kohis stated she would consider permitting if alI her concerns are covered. Hale asked Staff to look into Kohi's concerns. Recr�itment Process for Pubiic Safety Director Assistant City Rdministrator Michelle Woffe explained the recruitment process. She informed the Council that an evening reception date needed to be set and committee members selected. The Council and StaTf discussed available dates. Wolcott asked how many candidates the committee would review. Wolfe stated fhat 14 candidates r�et the minimum requirements, and the top group to be interviewed could be four to eight candidetes. The four to eight candidafes will have two interviews and the personality/aptitude test, then attend the recepfion that evening. Mayor Denzer suggested th�re be five candidates or less. Wolfe explained tha4 2he community panel and StafF will get 4he number of candidates down to the top two or three, and the final interview wil( be with Schraeder, two Cauncil members and VVaife. She exp(ained fhat all five Cauncil members +n�ould be at the rec�ption. ft was determir�ed that the date for the interviews and the r�ceptian be on Friday, C7ctober 30, 1998, with a fali back date of C�ovember B, 1998. Regular Meeting - October 7, 1998 Cattage Grove City Council Page 16 Tne Councii discussed the potential members of a community panel and gave their recommendations to Wolfe. PNayor Denzer confirmed that there are seven potential members of the community panel. He asked Wolfe to contact 4he potential community panel members, and contact the Council if she needs further input. CityVision Worksho_p Kohls stated that she would Iike to go item by item through the report when the Councii has at least two hours to discuss this issue. Mayar 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 Rec�ardinq 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 neighboring communities have passed a resolution regarding what snouid 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 7ransportation 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 two issues, the individual impact to businesses, and a quantum impact to businesses as a whole. Mayor Denzer stated that the resolution shauld be worded that the Council daes want the averpass to go ahead, but they are sympathetic to the disruption it wouid cause. The Council discussed the specific wordeng of the resalution. Kohls and Shiely agreed that the word "reasonable" would clear up any confusion. �chroeder stated that this issue vvould be put on the next Gouncil rneeting agenda for further discussion. Mayar Clerazer closed 4he cspen public wc�rkshap s�ssion at 10:25 p.rr:. Regular Meeting - October 7, 1998 Cottage Grove City Councii Page 17 CLOSED WORKSHOP SESSIOtJ Citv 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 foliowing 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. MdTION CARRIED. 5-0. •� • -�� y� MOTIOfV 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. m �� ���-� �.y���.�c 8432 SOth 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 !. , . ,�� - ._r, .. �r,.,ye.r< � ., This letter is in regard to the assessment on our property for the 8oth Street improvements. Listed below are events that occurred and changes made resulting, in our opinion, non-improvements as opposed to improvements. 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 o£ 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 Peet 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 canstructzan crew knew they had ctzf the line, We, as the residents, were responsible for getting the telephone company to repair the damage. 4. On the marning of the rtew curb construction, Angela, consultant for �he City af Cottage Grave, indicated to us that she had iooltefl at the survey specifications and that more grav�i would be hauleci ir� befare the ne�a cur� City of Co�tage 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 fee� 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 he 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 ta water it oixrselves to somewhat keep it alive which, of course, is a cost �o us both in the amount of water used and our time. 8. The cons�ant construction noise, dust, and severe shaking of the house did cause some damage and also possible fu�ixre damage nat yet discovered. 9. The cement lines between the frantage raad and 80th Street are not straight or parallel with one another �hus making it unpleasing to laok at. 10. The frantage roac3 across H6tts Street from our resid�nce has always been higher in eleration �han 80th 6treet. With the new cnnstruction, this eleva�ion has not changed resultin� in the slope of their d�iveways and lawns rtafi changin� as we experienr..ed arid do not 0 City of Cottage Grove Page 3 october 2, 1998 understand why we had to be lawered. The amount of grass removed from the curb toward our house was five and one/half feet becaixse 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 8ot1� Street was 35 miles per hour. However, we observed that the average speed og 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 56 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 loca�ed at Hyde Avenue and the high school parking lot and not Ideal 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 ta 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 roact before winter? If it is nat, we speculate that the plowing of snow by the snowplows will severely damage the new curb. 6e Even though the City Council members are elected at. large by the residents of Cottage Grave includinc� us, ane cauncil person elected to not re�urn our calls of concern regarding the 80th Street road canstructian. City af 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 � ,���t-.c"� �jl—�-c�/ Dennis Laue Linda Laue P r �� �� .��.�... � � �� � . • ► i �' . , •. �. •.,. . . ,. i , ♦ ' . , i y � October 5, 1998 PFIONE: (612) 456-6300 FflX: (6121 65�6318 iDD: 45�-6333 Ms. Blizabeth Johnson, Finance D"uector City of CoYCa�e Grove 7516 80` St. S. Cottage Grove, MN 55016 RE: Objection to Proposed Assessment, Pazk High �chool and C`restview Elementary School. Dear Ms. Johnson: Please consider this letter written nofice 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 raCioizale far ow objection to the assessment amount is delineated below. The district ohjects to the City's decision to use different formulas in determining assessment amounts for religious properties and se600l properCies. Historically the City of Cottage Grove has maintained that religious and school properties are "like properties" and used the same residential lot equivalency fonnula te� determine the amount oP ehe assessment for each. 2. The district objects to the amount of the assessment on the basis that it exceeds the inerease in vxlue of the improvernents to the disCricC's property. The district objects to the inclusion of 100% of the cost of insCalling the signal lights at 80`� Street and Hinton Avenue and 80`� street and Hyde Avenue in the calculation of khe district's assessment. Tt is ina�propriate�to include IOO�Ic� of the� cost of the� signal lights wfien only i/a of the 80` ancl Hinton interse,ction and i� of fhe 80`� and Hyde interse�tion can be considered to be on district property. 4. The district objects to the SC�% rncrease� in the cost factor used Co determine the an�ount of the schooI disu,ict asyessment. The eagineering e.stimate of the cost was �300,700 while fihe cost �sed to calcuiate the assessment was $�154,000. The district wbuld appreciate the oppoRuniCy to present an oral objection at the October 7, 1998 assessme�t hearing. Please presenf this letter of objection to the city clerk and the presiding officer at the city council meeting of October 7, 1998 as requ'sed in your noCice of assessment heazing. If there are other procedural steps the School I3istricf needs to perform in order to have Cheir objection heazd please contact me at 458-6376. Sincerely, /� � �jc R4 i/� � • (�( �. JL J Michael T. Vogel Daector of EducationaI �upportServices Ce: Jonathan Reppe, General Counsel Dan Hoke, Superintendent School Board Members �