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2001-08-01 MINUTESREGULAR MEETING COTTAGE GROVE CITY COUNCIL August1,2001 OPEN FORUM — 7:15 p.m. Open forum provides a person an opportunity to inform the Council of a problem or to request information related to City business not scheduled for Council action and on the Agenda: Mayor Shiely encouraged persons to limit their remarks to two (2) minutes per issue. Present: Mayor Sandy Shiely Council Member Rod Hale Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director John Mickelson, Police Captain Jerry Bourdon; City Engineer, BRAA Les Burshten, Public Works Director Kim Li�dquist, Director of Community Development Michelle Wo�fe, Assistant City Admi�istrator Corrine Thomson, City Attomey, Kennedy and Graven No one appeared to address Open Forum. CALL TO ORDER The City Councii of the City of Cottage Grove, Washingtorr County, Minnesota held aregular meeting on Wednesday, August 1, 2001, at the Cottage Grove City HaII, 7516 80`h Street South. Mayor Shieiy calied the meeting #o otder at 7:32 p.m. ROLL CALL Present: Mayor Sandy Shiely Council Member Rod Hale Gouncil Member Cheryi Kohls Councii Member Pat Rice Council Member Jim Wolcott Also Present Ryan Schroeder Gity Administrator Ron Hedberg,'Finance Director John Mickelson, Police Captain Jerry Bourdon, Gity Engineer, BRAA Les Burshten, Public Works Director Kim Lindquist, Director of Community Development Micheile Wolfe, Assistant CityAdminist�afor RegularMeeting—August 1, 2001 Colfage Grove City Council Page 2 Corrine Thomson, City Attorney, Kennedy and Graven Mayor Shiely presided over the meeting. ADOPTION OF AGENDA Mayor Shiely stated that there are two additions to the agenda. She stated that the staff and City Council just received information on Item 8.8., the proposed resolution establishing right-of-way ordinance permit and fee schedule, and requested that it be removed from the agenda to allow the Public Works Director and Council more time to review the information. She stated thatitem 12:8., a Workshop Session, open to the public, has been added to continue on the ice arena management MOTION BY WOLCOTT, SECONDED BY KOHLS, TO APPROVE THE FWAL AGENDA AS AMEN�ED. MOTION CARRIED 5-0. PRESENTATIONS A. Presentation - Xcel E�erqv Assistant City Administrator Wolfe stated that they had intended to-have a represen#ative from Xcel Energy present this evening, but due to scheduling conflicts, it was not possible. She explained that this is a grant from Xcel Energy for the Economic Development Authority's 2001 advertising campaign. She stated that the donation wili be used to upgrade #he marketing efforts and cover the cost for additionai mailing. She thankedXcei Energy for their donation and stated that they appreciate their support. MOTION BY WOLCOTf, SECONDED BY KOHLS, TO ADOPT RESOLUT/ON NO. 01-103, A RESOLUTION ACCEPTWG A DONATION OF $2,000.00 FROM XCEL ENERGY FOR THE COTTAGE GROVE ECONOMIC DEVE�OPMENT AUTHORITY'S 2001 AD GAMPAIGN. MOTION CARRtED 5-0. B. Photo Contest Mayor Shiely stated that this is the First Annual Cottage Grove Photo Contest. She stated that this contest gives the residents of Cottage Grove an opportunity to show their pride and artistic abiliry in how they view their City. She stated that Dave Heng, Marketing Intem; willbe coordinating the project and is present to further expiain the contest. Dave Heng introduced himself and the contest to the Council and community.; He explained that he is the project coordinator for the First Annual City of Cottage Grove Photo Contest and invited the community to participate. He stated that alI residents or employees of a business in Gottage Grove are eligibie to enter. He stated that there wouid be two cash prizes, $75.00 for first prize and $50.00 for second prize. He suggested subjects such as the parks, people, and nature in Cottage Grove, adding that this is an opportunity for residents to show their pride in their comrnunity. ; He stated that they wouid be pubiishing a City calendar with the winning photos and they will aiso be tlisplayed on the City website. He stated that entry forms are availabie at City Hall and the deadiine to submif photos is October 15, 2001. Mayor Shiely stated that the Council would like to encourage everyone to enter the contest. She stated that this is a part of an ongoing marketing effort in Cottage Grove. She referenced the Cottage Regular Meeting — August 1, 2001 Cottage Grove City Councrl Page 3 Grove Company Store stating that caps, sweatshirts, and chiidren's clothing with the City logo are availabie at the City Hall. She stated that this would be a great way to show pride in the community. APPROVAL OF MINUTES ►l�L�l�l� CONSENT CALENDAR - MOTION BY HALE, SECONDED BY WOLCOTT, TO: A: ACCEPTAND PLACE ON FILETHE FOLLOWING MEETING MINUTESt i. ECONOMIC DEVELOPMENT AUTHORITY MINUTES'OF JUNE 12, 2001. ii. PLANNING COMMISSION MINUTES OF JUNE 25, 2001. B: AUTHORIZEA CONTRIBUTION OF $1,000 TO THE COTI"AGE GROVE AREA CRIME PREVENTION AND APPREHENSION FUND, INC. FROM THE GAMBL(NG CONTRIBUTION FUND. C: " AUTHORIZE RENEWAL OF THE CITY'S INSURANCECOVERAGE FOR $195,343:00 FOR THE PERIOD FROM 413/01 TO 413/02. D. APPROVE GHANGE ORDER #7 TO THE 80 STREET SOUTH IMPROVEMENT PROJECT GONTRACT WITH TOWERASPHA�T, ING., FORTHE RELOCATON OF LIGHT PO�ES NEGESSARY FOR THE PLACEMENT OF SIDEWALK OR PATHS; THE INSTALLATION OF FLAG POLES AT CITY HALL, THE REMOVAL OF EXISTING LIGWT POLES AND'SERIVCE CONNECTION AT CITY HALL, AND THE CONNECTION TO THE EXISTING tIGHTING SYSTEM ON THE HIGHWAY 61 BRIDGE, W THE ADDITIONAL AMOUNT OF $5,500.92. E. ADOPT RESOLUTION NO.'01-104, A RESOLUTION AGCEPTING THE FEASIBILITY REPORT, APPROVING THE CONSTRUCTION PLANS AND SPECIFICATIONS AND SETTWG A BID DATE FOR THE 97TH STREET EXTENSION AND PUB�IC UTILITIES PROJECT. F. ADOPT RESOLUT/ON N0. 01-105; A RESOLUTION APPROVING FINALPAYMENT W THE AMOUNT OF $T,386.00T0 LAMETT(& $ONS, INC. FOR THE HILLSIDE ELEMENTARY SCHOOL STORM SEWER REHABI�ITATION PROJECT. MOTION GARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES A: Response to Open Forum'Request - Loweil'Torseth Mayor Shiely acknowledge a Jetter in response to Lowell Torseth regarding the district watershed meeting, and thanked staff for sending it. PUBLIC HEARINGS NONE< Regular Meeting — August 1, 2001 � Cottage Grove City Council Page 4 ti. BID AWARDS �I►[�7�1� UNFINISHED AND NEW BUSINESS A: Consider Approval of the Revised Fee Resoiution for Storm Water Area Charges Communify Development Director Lindquist stated that on June 20, 2001, the City Council held a workshop to discuss the rates proposed for the stormwater utility. She stated that an ordinance allowing the implementation of a storm water utility was approved at the Council meeting on June 6, 2001 and that the primary discussion during the:workshop wasthe fee schedule for agricultural land. She stated that the Council ciirected staff to modify the proposed fee consistent with nther residentiai uses in the community. Community Development Director Lindquist stated that the fee resolution has been modified to require a$20 fee for agricultural land having a structure. She stated that all agricultural land without structures would not contribute to the stormwater utility fund: She noted the proposai does vary slightly from the CounciPs discussion adding.that Council's direction was to requi�e residences on an agriculturai parcel to pay the same rate as the less than 1.5-acre sites. She reviewed the process staff took for the proposal stating that there have been no other modifications to the proposed resolution. Shestated that at the workshop otherfees were not discussed and staff has noTreceiJed any additionai comme�ts from thepublic regarding theproposed fees, She stated that staff recommends adoption of the revised fee resolution for storm water area charges. Eugene Smaliidge, 10992 Point Douglas Road South, thanked the Councii and staff for listening to the comments and feedback from the agricuitural community. He stated they were able fo accomplish an equitable agreement between the agriculturai community and the City. He suggested that speciai problem areas should be looked at on an individual basis and addressed as such. He stated that the majority of the agricultural commuoity was not in attendance this evening adding that it is not due to a lack of interest but that most are involved in the Washington County Fair. He thanked the Council for their time and consideration in reaching an equitable compromise. Mayor Shiely thanked Mr. Smallidge for his comments and stated she looks forward to continued support of the agricuitural community. Council Member Hale stated that the tnore he sees of this ordinance, Yhe less he Iikes it. He stated > that he has some problems with it, acknowledging that early on he agreed with the philosophy, The City has a sophisticated water system and he is open to charging;the utility fee in those areas where we have something in place. He stated that in much of the City we are not doing anything adding that he does not know the full City obligation based on the legislation. He stated that it seems we are assessing for something that is already in the budget and if the City needs money to continue the service or expand, maybe the levy shouid be increased. He referenced 3M stating #hat if there is a: problem on this property then it should 6e determined and repaired. `He referenced an ag-related industry adding that they are paying less than other industrial sites and the charges should be-the same as any other industrial site, Cou�cil Member Hale acknowledged that he should have raised these concems earlier and suggested getting technical advice on this issue. ;He stated that he believes it needs mo�e time, study, and technical assistance. Council Member Kohis expressed her agreement with Council Member Hale and with Mr. Smallidge regarding the assessme�ts. She stated that she reviewed the fees and does not believe they are right. She stated that they have come a long way and in 2003 they will be required to do specific Regu/ar Meefing — August 1, 2001 Cottage Grove City Council Page 5 things. She noted this utility is to fund additionat mandates and it does offer a compromise. However, she agrees they shouid get technicai advice. Council Member Wolcott expressed his agreement adding that they need to move forward and get this estabiished. He stated'that he understands the concems of Council Member Hale and does not disagree, acknowledging that he has good, valid' points. He stated that he believes they should continue to study and work with it but they need to move forward. Mayor Shiely stated that she unde�stands the concernsadding that they do need to move forward. She stated they would be downsizing the utility on a case-by-case basis. She stated that this is a fluid fund because of the water quality issues they are facing at the present. She stated thafit is a good idea to have a fund like this available'and the City would continue to work on it and improve it as they move forward. She'explained that in the past, this money came from the' Generai Fund and this change wouid allow bette� management and controi of spending. She stated that she knows and understands the concerns but would be voting in favor of the rates. Council Member Kohis asked for ciarification ort flexibility and additional"fees, and provided an example to the Councii. She stated that when we know that we have a parce(orparticular business that is causing more concern and requiring more funds, is there a way, using a storm water utility fee, to revise the fee schedule to aliow flexibility for additionai fees: ' City Attorney Thomson clarified that however the ordinance or fee is established, it needs to be uniformly applied. She stated if the�e is a pafticular problem, the Councii may be abie to restructure the rates. She provided an example where it generated'a higher rate of storm water runoff than other properties stating that you would then look at the average and include ali other properties. MOTION BY WOLCOTI', SECONQED BY RICE, TO ADOPT RESOLUTION NO. 01-106, A RESOLUTION ESTABLISHING RATES FOR THE OPERATION OF THESTORM WATER UTILITY. MOTION CARRIED 4-1 (HALE NAY): B. Consider amendinca the Resolution Establishinq Fees, Resolution No. 01-053,for Riqht-of- ITEM PULCED. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND QUESTIONS A. Reuiew of Past Actions on Huntinq Ordinance Mayor Sfiiely suggested opening this discussion at a later date'in orde� to give the property owners an opportunity to bring their concerns to the'Council: She asked`if the Council would like to consider this option. Matt Francis stated that he originally thought that he would be on theagenda this evening to discuss the issues. He stated that it is apparent to him that he has to justify his need to speak to the Councii and that from his perspective there is a large communication gap betweerrthe City and residents'. He reviewed his understanding of the right to bow hunt stating that it is not a given but a privilege that is managed and overseen by the Councii. He �eviewed the areas qpen fo� bow hunting with the Councii. He stated that he has attendetl two PublicSafety, Health and Weifare Commission ` meetings to discuss the issue and provided the documentation they have requested. Severai Public Safety Commission officials and police o�cers toured the area before considering his request. Regular Meeting — August 1, 2001 � Cottage Grove City Council Page 6 �. Francis stated that he had been toid it wouid be fonvarded to the City Councii for final review, but five days after the Council vote, he had received notice from the City denying his request. Ne stated that he received a letter from Michael Zurbey who reviewed his reasons for recommending denial. Mr. Francis reviewed the-content of theletter with the Council and expressed his disagreement with Michaet Zurbey stating that he was never given fhe opportunity to speak. He stated that he was invoived in writing the current hunting ordi�ances for the City of Cottage Grove, as a citizen. Mr. Francis explained that the requirements put inpiace stated that it had to be 40 contiguous acres; permission of the land owner, and the landowner must be presenf at aIl times. He stated that the land in question was removed firom a hunting zone 10 years ago due to the development timeframe. He stated that now, 10 years later, there is still no development on this site. He stated that he is ' asking the Council to hearhim since he does not feel he has had the opportunity to speak on this issue. Mr. Francis stated that 70 percent of the parcel he owns would never be developed. He asked if it is true that the housing perrnits have been half of what they were year to date from last year. He stated that all he is asking is to be allowed to speak, as an agenda item, in order to talk specifically ;, about the hunting issues. A MOTION WAS MADE BY HALE TO RECONSIDER THE APPLICATION FOR MATT FRANCIS TO HUNT ON HIS PROPERTY. After further discussion, Counci( Member Hale removed the motion and clarified that he believes Mr. Francis has valid points and is open to hearing his arguments. City Administrator Schroeder expiained the intent and process staff took to gather information and present to the Council fo�discussion and a decision. Council Member Rice stated he had no interest in hearing it again. Councii Member Wolcott stated he has mixed feelings on #he issue: He stated that he does not appreciate hearing such an attack on Michael Zurbey addi�g that he doesn't have a problem listening to the request, however, he does not want it to be personal. Police Captain Mickelson clarified thaf Mr. Zurbey was nofconspiring against Mc Francis. Hestated that they had been given Mr. Francis' cell phone number and did`try to contact Mr. Francis to notify him of the meeting. He expiained that they made several attempts to contact him and each time received the message that his message center was fulL Mayor Shiely stated that the Council is indicating'it would be wiliing to Iisten to arguments from Mr. Francis and suggested the August 15th Council Meeting. ; Council Member Kohls stated that a resident who wants to be heard by the Council and is unable to , attend should be given the opportunity to be heard at a later date. Mayor Shiely stated they would schedule and heat Mr. Francis comments on bow hunting at the August 15, 2001 Council meeting. - COUNCIL GOMMENTS AND REQUESTS Council Member Kohis announced thaf on August 7, 2001,between 3:30 p,m. and 6:30 p.m., residents with private weiis are welcome to bring in a wate[ sample to the Public Works Department - for testing. Regular Meefing — August 1, 2001 Cottage Crove City Council Page 7 MayorShiely reminded the community that next Tuesday, August 7, 2001 is Nationai Night Out. She stated that this year it would be sponsored by the Public Safety Department and will be held at 5;00 p.m. at Woodbridge Park. She invited everyo�e to come, show their support and enjoy an eveni�g at the park. PAY BILLS _ MOTION BY WOLCOTT, SECONDED BY KOH�S, TO APPROVE PAYMENT OF CHECK NUMBERS 119808 T0 119970 TOTALING $710,892.63. MOTION CARRIED 5-0. Mayor Shiely called a break at 8:15 p:m. Mayor Shiely called the meeting back to order at 8:22 p.m. WORKSHOP SESSION — OPEN A. Flood Damage'= Grev Gloud Island Trail and Road Mayor Shiely stated that they have four options to review that relate to the flood damage. She stated that there is stilF a section of road that is closed a�d the discussion is to determine the best way to handle the situation. She asked for further clarification on Option 4 regarding FEMA a�d if they would be willing to fund any of the #our options. City Engineer Bourdon reviewed the options with the Council. He stated that the purpose was to inform Council a�d anything that results in significant improvements would invoive a fo�mai process adding that in this case the situation is unique in that they are responding to an emergency situation. He stated that they need to establish a project and process tomanage this situation: Hestated that there are four options, first is to retum it to its original conditian; second,: add improvements; third, deal with the horizontal lines of the road; and fourth, enhancements,-He stated that,if#his area is prone to future flooding, they want the City to look at ways to mitigate futute costs. He reviewed the cost estimates with the Gouncil: He stated that minimum improvement wouid be to widen the roads. He stated that existing side slopes are steep and they would like to consider improving the alignment as it approaches the Grey Cloud area, He stated thatthey need to look at hazard mitigatiorr. Relative to cos4 participation, he advised that he met with FEMA and explained that 90% would be federai funding 10% local funding. He stated that staff is recommending they pursue Option 4. Mayor Shiely asked if FEMA would be willing to change the funding to.100%. City Engineer Bourdon referenced a table at4he end ofiihe repod stating that FEMA wili substantially participate in every option: Council Member Kohls asked for clarification on legal issues and why they wouldn'tbe wiiling to pay 100%. City Engineer Bourdon ciarjfied the funding issues adding that the damage is substantiaL Council Member Hale stated we are not only saving FEMA dollars but Option 4 wiil also save iocal dollars. He stated he does not have-a probiem with the program or funding. City Engineer $ourdon agreed that it is a good program: Regular Meeting — Augusf 1, 2001 �` '' Cottage Grove City Council Page 8 , Council Member Hale asked for clarification regatding the realignment on the approach to the bridge on Grey Goud traii as to who was suggesting the realignment, FEMA or Cottage Grove. He also asked if it would be done by filL City Engineer Bourdon clarified that Cottage Grove suggested the realignment. He explained that they would take the fill from the existing location. Council Member Hale stated that there is a cuivert on Grey Cloud Drive and asked if the water level of the lake would change. ' City Engineer Bourdorr stated that if it justifies another cuivert, they will puf it in. He stated that a study suggested that it did affect the water level adding it wouid be reasonabie as long as it doesn't affect the residents. Council Member Hale expressed concerns and asked if it has been considered as to whethec there would be damage if they raise the level of the lake during a flood period. He asked if there would be liability by the City if there was damage due to raising the levels of'the lake: City Engineer Bourdon expiained thatthis is a draft repo�t adding that they would like to include ail options discussed'in the finai report to FEMA. 'He reviewed ail options with the Councii: Council Member Hale asked for clarification on the percentage the'City would be responsible forand donations of funding from businesses in the area, such as the mining company. Gity Engineer Bourdon stated this was discussed but nothing has been decided at this time. Councii Member Hale stated`that Gounty Road 75 dead ends haifway through the Township adding that most understand why the County put this road irr, to serve the mining company. He suggested ' that if this becomesthe majorroad #hat will seroe the residents and the mining company, they could ' asK #he County to extend Highway 75: He added that at the time there was'mining only on the upper island but there is now mining on the tower island which should be conside�ed. He asked if the DNR wouid be interested in contributing forparking adding that they are presentiy Maving difficuity opening the boat Iaunch. £ouncil Member Hale stated'-this site is perfect toprovide water access to the' public and expiained thatthe Iaunch on the lower island was#o seive small watercraft and woultl be ' consistent with this goal. He stated that the visibility irr#hisarea is good and provides for off street parking. He stated that there are a significant number of people in this area and the City has some obligation to provide access to thewater. He'referenced St. Paul Park and the provisions they'have` made for their citizens to access the water. He stated that this provides Cottage Grove with the same opportunity and suggested working with the DNR to incorporate some form of public access to the water. Mayor Shiely asked City Engineer Bou�don whaYdirection he is looking foc from the Council. She stated that rather than a motion, the Council wouid give direction. Council Membe� Wolcott asked if theywouid be'able to work with any of the �egulatory issues with Option 4. City Engineer Bourdon stated FEMA is very particular about it. He stated that they would need to get alI the permits and explained this is a very complicated process adding that they cou�d have a permit in sixweeks. He stated that they could have some fairly significantenvironmental issues thatwill - need to be worked through. RegularMeeting-August 1, 2001 Cottage Grove City Council Page 9 Councii Member Rice stated he has reviewed the roadwork and asked if the redesign couid be better done. He referenced Culvert Road and asked if it was actually needed. He reviewed the area with the Council and asked if this had been considered. City Engineer Bourdon expiained that they had not yet taken a hard Iook and it is his understanding that the island will stay as it is foc a long time. Ne stated that if the island would add a park or change the infrastructure, the City would take a step back and review the work that needs to be done. Council Member Wolcott stated that the criticai issue is to get the causeway fixed. Councii Member Kohis stated that she is leaning towards Option 4 and asked where the $100,000 contribution wouid come from. She stated that at some point before they get too far into this, she wouid like to see a memo with an update on where they are in the process. City Administrator Schroeder clarified some of the areas the funding wou+d come ftom. He stated that if the City does this-as a simple road improvement project without FEMA, it would make sense to run this as a form line project and invite the Residents to have the discussion as to whether this would be a benefit to their properties. He stated this can also be seen as a maintenancelinsurance cost. He stated the way the report is presented, this is the amount Cottage Grove would spend to repair the damage. He stated Options 2, 3, and 4 are enhancements. He suggested that before this is done, the City approach the mining company and ask them what suggestions they might have. City Engi�eer Bourdon stated that what they are doing now is to notify that they still have the problem and it needs to be dealt with. Mayor Shiely referenced Council Member WolcotYs suggestion to tap into the County for the gravel tax. B. Continuation of Discussion - ice Arena Mayor Shieiy asked Council to consider rescheduling this discussion to allow staff more time to work on this issue. She suggested continuing this discussion at the August 8, 2001 budget meeting or the next Council Meeting on August 15, 2001 Conserisus was reached to give staff the time they need. WORKSNOP SESSION — CLOSED NONE. ADJOURNMENT MOTION BY NALE, SECONDED BY KOHLS, TO ADJOURN THE MEETWG AT 8:50 P.M. MOTION CARRIED 5-0. Respectfully submitted, Bonita Sullivan TimeSaver Off Sife Secretariai, Inc. � �