[00:00] Mayor Myron Bailey: All right, good evening. This is the October 16th, 2024 Cottage Grove City Council meeting, which I am calling to order. Um, our first order of business this evening is the Pledge of Allegiance, so if we’d please rise. [00:15] Group: I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. [00:30] Mayor Myron Bailey: All right. Will the clerk please do the roll? [00:35] Tammy Anderson (City Clerk): Councilmember Clausen? [00:36] Councilmember David Clausen: Here. [00:37] Tammy Anderson (City Clerk): Councilmember Olsen? [00:38] Councilmember Justin Olsen: Here. [00:39] Tammy Anderson (City Clerk): Councilmember Thiede? [00:40] Councilmember Dave Thiede: Here. [00:41] Tammy Anderson (City Clerk): Councilmember Garza? [00:42] Councilmember Monique Garza: Here. [00:43] Tammy Anderson (City Clerk): Mayor Bailey? [00:44] Mayor Myron Bailey: Here. Uh, next on our agenda is Open Forum. This is the opportunity for anybody that wants to speak on something that is not on tonight's agenda. Um, I did notice that we did have—and I appreciate this by the way—we did have some people signed up to speak during the pavement management piece of this. I will tell you that that is a public hearing, and so what we'll do is, unless you're here and want to speak on that, or maybe didn't sign up, we'll take that when we do the actual public hearings under 9B. And then I'll just read from top to bottom off the list, have you come up to the podium, you get three minutes to speak on whatever the topic or the process that you want. And then after I get through the list here, I will then see if anybody else wants to speak. But because we're going to move all those to the public hearing portion of the meeting this evening, was there anybody else in the audience that wants to speak on something that's not on tonight's agenda? All right, seeing none, I will go ahead and close Open Forum and we'll move to number five, which is adoption of the agenda. [01:46] Councilmember Dave Thiede: Move the agenda. [01:47] Councilmember Monique Garza: Second. [01:48] Mayor Myron Bailey: All right, so we have a motion by Councilmember Thiede, second by Councilmember Garza. All those in favor signify by saying aye. [01:54] Councilmembers: Aye. [01:55] Mayor Myron Bailey: Opposed? Motion carries. All right, six is presentations. We have one this evening: the Terence Patrick Cahill Award recognition to Officer Storgard and K9 Odin. Oh, he is here, I didn't see him out there. All right, so we've got some great exciting news to share, and you probably already saw some of it on social media, but I'm going to turn it over to Sergeant Neils Torning, who will walk us through this and why we're here this evening. [02:22] Sgt. Neils Torning: Sounds good. Thank you, Honorable Mayor, Council. This evening I'm here to discuss the recent accolades of Officer Matt Storgard and his K9 partner, Odin. Officer Storgard was paired with Odin at the beginning of last year. During that time, he trained with the Washington County Sheriff's Office and they got him up to speed to be a patrol dog team. This past June, he attended his first regional trial. We certify with the United States Police K9 Association, which is one of the hardest certifying boards in the country for police canines. At a regional trial, he did fantastic. He obtained a fifth-place overall finish and obtained the Top Rookie Dog Team award, and that's for the top new handler/new dog combination. In addition, he also received a Nationals qualifying score. At that point, Officer Storgard expressed interest in wanting to go to the national competition, which was held in Baton Rouge, Louisiana in the start of October, and the Public Safety Board was able to assist us in funding so he could make the trip down there to compete. There were 67 K9 teams in attendance from across the nation; they're all the top K9 teams from the qualifying regions. The certification test consists of obedience, article search (searching for evidence), box search (searching for human odor), and apprehension events. During the event, Officer Storgard did absolutely fantastic with his partner, Odin. He received first place for the Top Overall K9 Team in the combined apprehension score. He also received the Terence Patrick Cahill Award, which is a prestigious traveling trophy, for the highest combined scores in obedience and apprehension work. And he just barely missed the top overall honors, receiving second place of the overall K9 team, just getting edged out by Washington County's Deputy Brandon Vedder and K9 Huck, who happened to be his trainer for K9 school when he attended last year. So, I think Washington County left a little on the table for us, but we'll work on that into the future here. Officer Storgard and Odin are a fantastic team and they've done very well. Generally, rookie K9 teams don't even go to Nationals; there's no rookie dog award because most don't go. It's usually the more experienced handlers and dogs. To go as a rookie and get second place overall and win many of those awards is absolutely fantastic and something that we're really proud of. And then we'd just like again to thank the Cottage Grove Public Safety Board. They helped fund our K9 unit, helped with the purchase and training costs of Odin and Officer Storgard, and they also assisted us in the travel expenses. So I'd like to just have a round of applause for Officer Storgard and K9 Odin. [04:47] Mayor Myron Bailey: Well, yeah, I think it is amazing when you think about how far the two of you have come. I do remember, was it about a year ago when we were doing at Strawberry Fest and he decided he didn't really want to do any work anymore? So it's like, oh my goodness, this is going to be fun. But it's amazing. And you acknowledged it, but I did want to recognize the Public Safety Board because that was one of the things—he wanted to go, it proved extremely beneficial. National award-winning is unbelievable. So thank you to the Public Safety Board for helping both finance our canines within the city of Cottage Grove but also for the trip down to Baton Rouge so he could compete. You should all be proud. I know I definitely am within the city of Cottage Grove that we have the best of the best. Any Council, any other comments that you want to make? Did we maybe want to get a picture with the Public Safety Board? Come up and do that? [05:46] Sgt. Neils Torning: Absolutely. [05:47] Mayor Myron Bailey: All right, let’s do it. Come on up. [Music/Background noise during photo session]. [06:29] Mayor Myron Bailey: Thanks again and fantastic job. All right, so next on our agenda is Consent. This is the opportunity for Council if you want to pull anything for separate discussion. Is there anything you want to pull? [06:45] Councilmember Justin Olsen: I'd like to pull item D. [06:47] Mayor Myron Bailey: Item D, which is a donation. Okay. Anybody else? All right, seeing none, Member Olsen, you want to mention a donation? [06:55] Councilmember Justin Olsen: I do. Thank you very much, Mr. Mayor and Council. Item D is a recommendation to adopt Resolution 2024-145 accepting donations for 2024. We do this periodically throughout the year as donations come in, and we always like to take a minute to just recognize the people who are making an investment here in the city of Cottage Grove. In this case, we have a donation of $2,000 that was received from a gentleman named Chris German. This is one of our memorial benches. For those who don't know, our Park and Rec Department has a program through which you can ask for a memorial bench to be placed in one of the city parks. They're a really nice way for people to remember loved ones. I've seen a lot of memorial benches out there where people go and sit in their favorite place and talk to the person whom that bench memorializes. I think it's a very meaningful thing that we do. If you know of anybody interested, you can reach out to our Park and Rec Department. But this particular donation was for a memorial bench in remembrance of Cole German. [08:12] Mayor Myron Bailey: All right, thank you. Seeing that we didn't pull anything else on Consent, Council, I'll look for a motion to approve Consent. [08:19] Councilmember David Clausen: I move to approve Consent. [08:21] Councilmember Monique Garza: Second. [08:22] Mayor Myron Bailey: All those in favor signify by saying aye. [08:25] Councilmembers: Aye. [08:26] Mayor Myron Bailey: Opposed? Motion carries. All of those items have been approved. Moving along, 8 is approve disbursement. 8A is to pay the bills. [08:37] Councilmember Justin Olsen: Move the bills. [08:38] Councilmember Monique Garza: Second. [08:39] Mayor Myron Bailey: Any further discussion? Seeing none, all those in favor signify by saying aye. [08:44] Councilmembers: Aye. [08:45] Mayor Myron Bailey: Opposed? Motion carries. All right, so now we're going to move into Public Hearings. The first one is Tall Weeds Assessment Hearing. Our Finance Director, Brenda Malinowski, is going to walk us through this one. [08:58] Brenda Malinowski (Finance Director): Thank you, Mayor and members of the City Council. This evening is a public hearing for noxious weeds. We state that on planted or developed lands within the city limits, it shall be unlawful to allow or permit any growth of grass or weeds to a height greater than 8 inches. We have a method to abate those conditions. Our code enforcement officer mails a notice to the property owner with 5 days' notice. That happened 83 times in 2024. If the owner does not abate, the city hires a contractor. That happened 12 times in 2024. An invoice is sent. If they don't pay, we go under the Minnesota Statutes 429 process. That's where we are this evening. At the last council meeting, we declared the costs and sent notice. Once approved, the owner gets another 30 days to pay, otherwise, it is certified to the 2025 property taxes. [10:14] Mayor Myron Bailey: Thank you, Brenda. Any comments, Council, before I open the public hearing? All right, I'll go ahead and open the public hearing. Is there anybody that wants to speak? [10:25] Nancy Prella: Hi, I'm Nancy Prella. 7764 Jocelyn Avenue South, Cottage Grove. If they have a wooded area in their yard, can't you take out the Buckthorn and the other weeds that are up to here? That's what I'm trying to figure out. [10:48] Mayor Myron Bailey: Ryan or Jennifer, do you want to speak on her question? [10:52] Jennifer Levitt (City Administrator): Mayor, members of the Council, these residents on the role this evening were in a maintained, more manicured state. None were related to Buckthorn or wooded areas. [11:05] Mayor Myron Bailey: I don't think if it's tucked behind a house, we typically get involved. It's more what's seen from the street. Connor, do you want to speak? [11:18] Connor Jakes (Associate Planner): Generally, code enforcement is complaint-driven. We do work with property owners. Generally, this specifically related to grass height—the 8-inch rule. All letters in reference tonight were related to grass specifically. [11:42] Nancy Prella: Okay, thank you. [11:45] Mayor Myron Bailey: Seeing no one else, I will close the public hearing for Tall Weeds. [11:51] Councilmember Dave Thiede: I move that we adopt Resolution 2024-142 adopting service charges for the removal of noxious weeds and plants from private property. [11:59] Councilmember David Clausen: I'll second. [12:00] Mayor Myron Bailey: All those in favor signify by saying aye. [12:03] Councilmembers: Aye. [12:04] Mayor Myron Bailey: Opposed? Motion carries. Next, we move into B, which is the 2024 Pavement Management Hearing. Public Works Director Ryan Burfeind is going to start us off. [12:15] Ryan Burfeind (Public Works Director): Thank you, Mr. Mayor. This map goes back to 2010. Pavement management projects have been happening since the mid-1990s. The project area this year is just north of 80th Street. These are 30 to 34-year-old streets. I want to touch on two challenges we had this year. First is project schedule. We heard concerns on how that changed throughout the summer. A lot of that was rain delays. Between June and August, there were 39 days with rain. We had roughly 22 inches of rain when the average is 13. That has a major impact. However, substantial completion was set for August 30th, and we did hit that on August 20th. The other issue is curb damage. After the first layer of asphalt, we use heavy equipment. We saw a much greater extent of damage on this project—about 15% of the curb had to be replaced. This was done fully at the contractor's cost; there was no additional cost to the residents. However, there was an impact on driveway access and daily lives. I apologize for that. There was also restoration and irrigation work done at the contractor's cost as well. I'll turn it over to Assistant City Engineer Crystal Raleigh. [14:38] Crystal Raleigh (Assistant City Engineer): Good evening. Total project costs came in at $1,201,149.32. This is paid through utility funds, the General Levy ($488,000), and assessments ($502,000). We had 79 assessible properties. The estimated assessment at the start was $6,765. The special benefit appraisal supports a benefit of $7,500, and we never assess more than that. The actual assessment came in lower at $6,363.11. If paid over 15 years, the annual payment is $591.40. If paid by November 15th, there's no interest. Otherwise, the interest rate is 4.8%. We did receive two objections to the assessment. [16:47] City Attorney: Mayor, members of the Council, the two objections are in writing in front of you to put into the record. [16:58] Mayor Myron Bailey: I'll open the public hearing. I'll go down the signup sheet. Please state your name and address; you have three minutes. Dan Sullivan is first. [17:28] Dan Sullivan: 7869 Jenner Avenue South. I’m a 60-year resident. I'm requesting the Council put off the vote until January or early spring. We just got notifications in early October; two weeks isn't enough time to examine the roles. I think the neighborhood would appreciate delaying till after the holidays. Also, the curbs were installed lower than the original, causing a tripping hazard. We have "curbs of many colors" now because so much was replaced, and they aren't even straight. The original pavement got beat up during construction—what kind of warranty do we get? We don't want to redo this in 15 years. And can construction equipment not be parked on the street? It limits parking for us. Lastly, communication was poor; they started work on a Friday afternoon when people were gone. And you need a new security measure for street light boxes; copper cables are easily stolen. [20:23] Mayor Myron Bailey: Thank you. Eli Wyman? [20:30] Eli Wyman: 79th Street South. The special assessment is illegal because the city hasn't proven a special benefit. They claim property values went up $6,300, but haven't provided proof. This "increase" is only realized if a homeowner sells right now. If they stay 30 years, the road is degraded again, they gained zero benefit, and are assessed again. Councilmember Olsen said last time that streets are assets the city has to protect, like police and fire. We pay for those through taxes. The illegal use of special assessments to maintain roads needs to stop. Set taxes at the correct level instead of this predatory practice. [22:38] Mayor Myron Bailey: Thank you. Jake Robinson? [22:45] Jake Robinson: 9501 79th Street. There is no special benefit. I had two appraisals done—one before and one after. It’s less than $1,000 in value increase, not $7,500. St. Paul Park doesn't shake down property owners like this. Also, the craftsmanship—the curbs aren't lined up, and driveways don't match the concrete anymore. There's no logic to this. I plan to explore legal options. [24:19] Nancy Shuvalov: 7929 Jenner Avenue South. I want to address "Lake Jenner" in front of my home. It was very destructive. We had trenching rain over Labor Day, and it washed out everything they did. My husband was in contact with you, Myron. I don’t know if it's been fixed because we haven't had a major rainstorm since, but it was terrible. [25:17] Steve Gunderson: 7774 Jenner Avenue South. I was the lucky one where Phase 1 ended and Phase 2 started. My grass was supposed to be restored, but they put top soil down and it made a dip. I bought my own sod, then they came out and ripped up the curb and I had to deal with it again. It’s really frustrating. [26:11] Dan Shuvalov: 7929 Jenner. The contractor did come out, but it's so late in the season to seed. I went out and bought sod from Gerten's and did it myself. $100 out of my pocket. Having three guys drop dirt and seed was less effective than just doing sod. [26:44] Dewey Peters: 9497 79th Street. Workmanship and communication were bad. I resided my yard, then they put pink lines on the curbs and tore it out. They wrecked my sprinklers even though I flagged them. I don't think those curbs will last 30 years because they aren't compacted properly. Did the city vet this company? Someone told me the Phase 1 crew were "hackers." Why take the lowest bid if we suffer the consequence? [28:44] Melissa Fortuna: 7909 Jenner Avenue South. Regarding communication, we followed the rules not to drive on the curb for 10 days. Then they tore it up to redo it, and nothing was flagged off. We had to use our own sticks and tripods to protect the new sections so neighbors wouldn't drive on them. Communication was not what it should have been. [29:41] Mayor Myron Bailey: Is there anyone else? Jennifer, I’ll start with you. [29:55] Jennifer Levitt (City Administrator): What you heard tonight are the challenges regarding communication and our contractor. We acknowledge it didn't go well. We had an operator on a roller who had a really bad day. The contractor paid for the fixes, not the taxpayers. Regarding delaying the assessment: you have set your preliminary levy for 2025 and are capped. You already took into account the debt issuance for this project. If we delay, we have a financial issue making that debt payment. Residents can pay in full by November to avoid interest, or pay off the balance at any time over the 15 years. [31:54] City Attorney: Special benefit is measured by market value increase. If appealed, it becomes a fact issue in District Court where appraisers from both sides present. The authority to levy these comes from the Minnesota Constitution and Statute 429. [33:04] Ryan Burfeind (Public Works Director): Regarding the curb colors: the curing compound is white but fades over time. Regarding patches: any new development involves placing a base course, then a wear course. Patches under the wear course are standard. If we hadn't replaced the damaged curb, water would infiltrate and blow the pavement out. Regarding equipment: we didn't have a "Boneyard" space to store it off-road. Regarding flooding: the "Lake Jenner" issue was likely due to inlet protection bags required by the state during construction. Those are removed when the project is done. We are holding retainage—the contract is not closed out. We will be back in the spring to address seating and settlement. [37:37] Councilmember Justin Olsen: Ryan, we’ve used this contractor before, right? [37:45] Ryan Burfeind (Public Works Director): Yes, and we haven't had this issue. [38:15] Councilmember Justin Olsen: I want to make sure residents know that any outstanding issues need to get taken care of in the spring so it's right. It costs what it costs, but it should be right. [40:17] Councilmember Dave Thiede: Financially, what would it cost us to defer payment until after the holidays? [40:31] Jennifer Levitt (City Administrator): You would lose about $166,000 in anticipated early payments needed for debt issuance. You’d need to make an additional cut in your 2025 budget. [41:15] Councilmember David Clausen: To say we're okay incurring unexpected interest charges in the hundreds of thousands... that's a hard no for me. [45:10] Steve Gunderson: Who was the on-site manager? I didn't see a soul from the city. [45:24] Ryan Burfeind (Public Works Director): We contract with Bolton & Menk. They are the day-to-day inspectors. [47:04] Eli Wyman: What happens to the special benefit when the road degrades? [47:15] Mayor Myron Bailey: It’s showing that legally there is a benefit now. Every city has a different policy; some put 100% on residents. We try to be fair with a 45/55 split. At some point, every neighborhood street in the city will be done under this same policy. [51:36] Councilmember Justin Olsen: I move Resolution 2024-143 adopting the assessment roll for the 2024 Pavement Management project. [51:44] Councilmember Monique Garza: Second. [51:46] Mayor Myron Bailey: All those in favor signify by saying aye. [51:48] Councilmembers: Aye. [51:49] Mayor Myron Bailey: Opposed? Motion carries. [52:20] Mayor Myron Bailey: Final public hearing is C: Oltman Middle School easements. Associate Planner Connor Jakes. [52:35] Connor Jakes (Associate Planner): This involves two easement vacations. One is for a private water main where the city only needs access for hydrant maintenance. We’re replacing it with a specific access easement. The second is for a storm sewer that was constructed in an incorrect location; we’re vacating the old easement and placing a new one over the actual pipe. [54:13] Mayor Myron Bailey: I'll open and close the public hearing as no one is here to speak. [54:34] Councilmember David Clausen: I move to adopt Resolution 2024-144 rescinding the July 17, 2024 actions related to Oltman Middle School. [54:43] Councilmember Justin Olsen: Second. [54:46] Mayor Myron Bailey: Motion carries. [54:50] Councilmember Justin Olsen: I’ll move Resolution 2024-146 vacating the water main easement. [55:01] Councilmember Dave Thiede: Second. [55:04] Mayor Myron Bailey: Motion carries. [55:06] Councilmember Dave Thiede: Motion to approve the permanent access easement. [55:10] Councilmember Monique Garza: Second. [55:13] Mayor Myron Bailey: Motion carries. [55:15] Councilmember Monique Garza: I would like to adopt Resolution 2024-147 vacating permanent easements for storm sewer. [55:24] Councilmember David Clausen: Second. [55:27] Mayor Myron Bailey: Motion carries. [55:29] Councilmember David Clausen: I move to approve the permanent easement for the storm sewer. [55:34] Councilmember Justin Olsen: Second. [55:36] Mayor Myron Bailey: Motion carries. [55:46] Mayor Myron Bailey: 12 is Council Comments. [55:50] Councilmember David Clausen: I don't have anything to add tonight. [55:55] Councilmember Justin Olsen: Early voting is available at the Washington County South Service Center. Also, the Fire Department open house was a hit. Kudos to Chief Pritchard and staff. [56:46] Councilmember Dave Thiede: Monster Bash parade is Saturday the 26th at 10:00 AM. [57:12] Councilmember Monique Garza: Skating Spooktacular on October 30th and the Pumpkin Chuck on November 1st. [57:42] Mayor Myron Bailey: We had a trail dedication to Katie and Conway Olsen. On Monday at 12:00 noon, Zac Dockter and I are doing a Facebook Live about the local option sales tax. Locally Grown Theatre is doing "Frankenstein" here at City Hall this weekend. And the Holiday Train arrives Wednesday, December 11th at 5:15 PM. Also, our Hometown Holiday celebration is Thursday, December 5th. [1:00:30] Councilmember Justin Olsen: Have you started putting up your Christmas decorations? [1:00:35] Mayor Myron Bailey: This weekend. I got a cortisone shot in my arm so I can get on the roof! [1:01:03] Councilmember Justin Olsen: Move to adjourn. [1:01:05] Councilmember David Clausen: Second. [1:01:08] Mayor Myron Bailey: All in favor? Aye. We are adjourned.