Kerrie Fabius of the Cook County Soil & Water District visited Grand Marais city councilors May 30 to present and review a grant agreement between the city and volunteer caretakers of two proposed rain gardens. Unfortunately, the document was deemed unacceptable and sent back to the city’s attorney for further revision and clarification.
Fabius explained that council approved the contribution of $1,600 last September as the city’s share of the project, which totals about $27,000. The next step, she said, is for the city, stewards and Conservation District to sign a project agreement that outlines each party’s responsibilities. The majority of the cost will be paid through a Clean Water Fund grant managed by the Conservation District.
Designs for the new rain gardens were done by a Duluth firm in 2010, and four locations were subsequently identified as appropriate. Two residents then came forward and said they would be willing to maintain the rain gardens on their property: Edward and Kathy Bolstad at 4th Street and 2nd Avenue East; and Gina Todd at 1st Street and 2nd Avenue West. City Attorney Chris Hood was then put to work drafting the agreement.
Fabius said that, as requested by council, she has contacted all of the projects’ neighboring property owners, informed them of the plan, and addressed all of their comments and concerns. Council had asked her to do that due to some complaints received about the appearance of existing rain gardens at the courthouse and library.
Ed Bolstad joined council’s discussion, and said that although he and his wife were ready and willing to begin planting flowers, he couldn’t sign the agreement as written by the city attorney. Bolstad said he got into the project to help the city with its stormwater runoff problem, but “I will not subject myself to liability or the cost of increased insurance.”
Hood agreed that the rain garden project creates “unique circumstances” but described the agreement language as “standard stuff.” Hood said he was only looking out for the city’s interest and protection against damage or liability in its rights of way, and although he believed it to be appropriate, council could certainly waive those parts of the agreement. Furthermore, said the attorney, most homeowner’s policies should insure against damage in the city’s right of way.
Councilors seemed to agree that the provision requiring the property owners to assume liability was unnecessary, and said they’d be willing to remove it. Bolstad said he would address some other concerns he had with City Administrator Mike Roth, and council sent the draft back to Hood, who said he would have the revision ready for council’s consideration in two weeks. Fabius said County Attorney Tim Scannell would also have to review any changes.
Fabius was asked about the library rain garden and said she and others had just spent some time cleaning it up. “The functionality is great, but it doesn’t look supernice,” she said. Roth said that rain garden could use some stewards to provide regular maintenance and upkeep, and said anybody interested should contact City Hall.
In other business:
. A beer and wine license was granted to Bruce Block of Sydney’s Frozen Custard, allowing the beverages to be served outdoors (there is no indoor seating). While the city does not have any standards for allowing outdoor service, other licensed restaurants offering outdoor liquor service include Angry Trout, Birch Terrace and GunFlint Tavern. Block said he has had a lot of customer requests for beer, especially since he added pizza to the menu last year.
. Dan Anderson was granted permission to offer scenic airplane rides out of the harbor this summer. Anderson said he plans to operate basically the same as in past years but has to work out some issues with the Dragon Boat Festival to avoid conflicts in the harbor during the weekend of their event.
. George Wilkes and Don Grant of the Cook County Local Energy Project (CCLEP)presented and reviewed their draft Energy Plan, which is designed to increase energy efficiency and use of renewable energy. Council granted Wilkes’ request for the city to adopt the plan and designate Councilor Tim Kennedy as council’s liaison and attend CCLEP meetings and charged the organization with implementation of the plan.
. Council adopted by a 3-1 vote a revised animal ordinance. Two changes were included since the last version was reviewed: excluding fish from the domestic animal definition; and amending the limits on domestic animals to allow up to six cats and removing the limit for animals generally kept in a cage or tank. Councilor Bill Lenz voted no because it contains some items which he said cannot be enforced. “Why change it then?” he asked.
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