Loading...
HomeMy WebLinkAbout2003-07-16 MINUTESREGULAR MEETING COTTAGE GROVE CITY COUNCIL July 16, 2003 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 Mark Grossklaus Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Kim Lindquist, Community Development Director John Mickelson, Public Safety Director Nancy Hanzlik, City Engineer Les Burshten, Public Works Director Corrine Thomson, City Attorney Michelle Wolfe, Assistant City Administrator No One Spoke at Open Forum CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, July 16, 2003, at the Cottage Grove City Hall, 7516 80� Street South. Mayor Shiely called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor Sandy Shiely Council Member Mark Grossklaus Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Also Present:Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Regular Meeting — July 16, 2003 Cottage Grove City Council Page 2 Kim Lindquist, Community Development Director John Mickelson, Public Safety Director Nancy Hanzlik, City Engineer Les Burshten, Public Works Director Corrine Thomson, City Attorney Michelle Wolfe, Assistant City Administrator Mayor Shiely presided over the meeting. ADOPTION OF AGENDA Mayor Shiely stated that Community Development Director Lindquist sent the Council a notice informing them that Item 4.0. has a newly reworded condition number twenty-one on it. Community Development Director Lindquist explained that the condition recognizes that the City may entertain other drainage solutions and look at other options as needed. Mayor Shiely asked for clarification stating that Items 4.J. and 4.P. appear to be the same thing. Public Safety Director Mickelson clarified that Item's 4.J. and 4.P. are separate issues. He explained that one is for training and the other for the materials. Mayor Shiely asked Community Development Director Lindquist to clarify Item 4.B. and Item 4.R. Community Development Director Lindquist reviewed the verbiage changes for Items 4.B. and 4.R. with Council. MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED 5-0. APPOINTMENTS AND PRESENTATIONS A. PRESENTATIONS Presentation of Firefiqhter Badqes: Captain Dave Spiess; Lieutenant Tom Shields; Lieutenant Donna Honevman; Lieutenant Kevin Zittel; Lieutenant Pat Horst; Lieutenant Bob Wood. Mayor Shiely reviewed the backgrounds of each Firefighter with the Council. She asked the Council Members and Fire Chief Byerly to come forward for the presentation. Fire Chief Byerly asked the Captain and Lieutenants to come forward for presentation of their badges. He noted that Lieutenant Kevin Zittel was not in attendance. He reviewed the backgrounds and responsibilities of each Firefighter with the Council. He reviewed the key criteria used to determine promotions to Captain and Lieutenant with the Council noting that each individual has distinguished themselves as mentors for new firefighters and in having leadership skills with the potential to develop as future officers. Regular Meeting — July 16, 2003 Cottage Grove City Council Page 3 City Administrator Schroeder explained the oath process and administered the oath to each Firefighter. B. APPOINTMENTS NONE APPROVAL OF MINUTES A. May 21, 2003 Regular Meeting Mayor Shiely stated that the minutes stand approved as presented. B. June 4, 2003 Regular Meeting Mayor Shiely stated that the minutes stand approved as presented. C. June 18, 2003 Regular Meeting Mayor Shiely stated that the minutes stand approved as presented. CONSENT CALENDAR Mayor Shiely asked to pull Items 4.D. and 4.R. for further discussion. Council Member Kohls asked that Item 4.D. be pulled for a separate vote and Item 4.F. be pulled for clarification. She explained that Item 4.D. involves adoption of an ordinance amending the City Code regarding trash enclosures for commercial and industrial locations. She reviewed her understanding of the ordinance noting that a portion of the memo discussed easements and setback requirements. She expressed concerns regarding the costs and asked if the City was going to give consideration to businesses that had been located in the City prior to the ordinance. She asked if the City would require them to place an enclosure around the trash receptacles that would be similar to the building materials. She clarified her concerns with the setbacks and asked what would happen if a business were on a smaller lot and could not meet the setbacks. Community Development Director Lindquist explained that this ordinance does not relate to setbacks. She explained that Ordinance 11-6-3 references and explains what the enclosure is and what materials could be used to construction the enclosure. She further explained that the performance standards of the enclosure are not part of this action adding that those items would be before the Planning Commission in two weeks and before the City Council in August. She clarified that Staff does understand that there are properties that would require variances or exceptions. She acknowledged that this would be difficult for some businesses noting that Staff does recognize the issues noted. She stated that Staff would assist businesses in determining the best location for the enclosure. Council Member Kohls asked if there would be additional costs involved if the businesses have to go through a variance process noting that this is not something the businesses have Regular Meeting — July 16, 2003 Cottage Grove City Council Page 4 chosen to go through. She encouraged Staff to take this into consideration moving forward. Community Development Director Lindquist stated that if this is a concern for Council, Staff could consider waiving some of the fees and work with the time requirements for compliance as needed. Mayor Shiely reviewed the section that addresses the trash enclosures noting that this has been retained in the current ordinance. She asked for clarification. Community Development Director Lindquist reviewed the language stating that it should be consistent with Item 4.R. Mayor Shiely clarified that the City Attorney has suggested voting on this item separately. City Attorney Thomson clarified that as long as a clear record has been made that Item 4.R. has been adjusted by deleting section 3 in Item 4.D. a separate vote is not necessary. She further explained that this adjustment is striking some of the language and making the necessary changes. Council Member Wolcott acknowledged that there are several businesses that would be affected by the change and explained that the intent is to try and improve the appearance of the area. He explained that he has received several calls regarding the trash issue and that there is a need to address this issue. Wolcott agreed that many of the older residences have smaller garages or do not have a garage noting that it would not be a large issue to keep the receptacles out of sight during the summer months adding that winter months could be a challenge. He stated that Staff should utilize common sense when enforcing the ordinance and encouraged Staff to review the footprints in order to determine the best location for the receptacles. He clarified his understanding of the new ordinance noting that at times it does not make common sense. He further explained that if Council votes on this issue tonight, without alteration or changes, that he would vote no. He explained that there has not been enough thought given to this ordinance. He encouraged Staff to review and think through the process and do it the right way, as it currently does not make sense as written. City Attorney Thomson clarified that this ordinance arose from a Council discussion regarding trash in commercial areas. She explained that the only thing they are doing is removing a current exception that would allow industrial and commercial owners who provide their own containers not to have an enclosure. She further explained that this ordinance is in Title 4, General Public Health and Safety City Code, which regulates garbage and solid waste. She reviewed the existing ordinance with Council noting that if a business provides their own containers that the containers must be kept in an enclosure and if the container is provided by a hauler the container would not have to be kept in an enclosure. She stated that the discussion Council had caused Staff to review the ordinance noting that it treats the owners differently based on who provides the container. She stated that the intent of this change is to treat all businesses the same. She stated that the Council then should decide how they would handle established businesses. She clarified that whether they adopt the ordinance or not, Council would still have to provide direction on whether to enforce the ordinance with existing businesses. Mayor Shiely clarified that they are only discussing new businesses and that it does not relate to individual homeowners. Council Member Wolcott reviewed the first line stating that Regular Meeting — July 16, 2003 Cottage Grove City Council Page 5 it does not specifically state a'new' business. City Attorney Thomson further clarified that there are two different treatments under the existing ordinance and that it is not based on whether a business was in existence prior to the ordinance. She stated that it is based on what container they use and how it was provided. She stated that Council would still have to address how they would enforce this against existing businesses. She noted that Council could decide not to enforce against existing businesses adding that Council does have the legal right to enforce it. MOTION BY GROSSKLAUS, SECONDED BY RICE, TO ADOPT ORD/NANCE NO. 737 AN ORDINANCE AMENDING TITLE 4, CHAPTER 2 OF THE COTTAGE GROVE CITY CODE RELATING TO STORAGE OF GARBAGE CONTAINERS. MOTION CARRIED 3-2. (2 NAYS — WOLCOTT AND KOHLS) MOTION BY RICE, SECONDED BY WOLCOTT, TO ADOPT ORD/NANCE NO. 738 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA AMENDING TITLE 4-2 OF THE COTTAGE GROVE CITY CODE RELATING TO MIXED SOLID WASTE AND RECYCLING AND TO INCLUDE DELETION OF SECTION 3. MOTION CARRIED 5-0. MOTION BY RICE, SECONDED BY WOLCOTT, TO ADOPT RESOLUTION NO. 03-131 AUTHORIZING PUBLICATION OF ORDINANCE 738 BY TITLE AND SUMMARY. MOTION CARRIED 5-0. Council Member Kohls referenced Item 4F and reviewed the Kohls tree mitigation with Council. She explained that this is the Gateway area on 80� and East Point Douglas noting that several trees have already been removed. She explained that her issue is with the discussion of the City taking over the plantings and mitigation for Kohls. She reviewed the number of trees to be planted. She stated that Kohls share would be roughly one-third of the trees and asked who would pay for the remainder of trees to be planted. City Administrator Schroeder explained that the initial proposal was by the City not Kohls. He noted that in the site plan approval it required payment to the City for planting the trees. He stated that the tree mitigation and the responsibility for it was determined based on a survey of the area. He stated that this is also related to the Hardwood Avenue Project, the Oakwood site and the HSS site. He explained that they would allocate the costs towards each of the development parcels and the remainder would be in other public areas noting that funds would probably be taken out of TIF. Council Member Kohls verified that the cost for the trees would not go back to the taxpayers. City Administrator Schroeder confirmed that costs would not go back to the taxpayers. He reviewed the proposed planting locations with Council. MOTION BY WOLCOTT, SECONDED BY RICE, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MEETING MINUTES: i. ECONOMIC DEVELOPMENT AUTHORITY OF JUNE 10, 2003 AND JUNE 24, 2003. ii. PLANNING COMMISSION OF MAY 19, 2003. iii. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION OF MARCH 10. 2003. Regular Meeting — July 16, 2003 Cottage Grove City Council Page 6 iv. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION OF APRIL 14. 2003. v. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION OF MAY 12, 2003. vi. VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION OF MAY 14, 2003 AND JUNE 11, 2003. B. AUTHORIZE ISSUANCE OF A SINGLE-OCCASION GAMBLING PERMIT TO THE COTTAGE GROVE CRIME PREVENTION ADVISORY BOARD TO CONDUCT A RAFFLE AT WOODRIDGE PARK ON AUGUST 5, 2003 IN CONJUNCTION WITH NATIONAL NIGHT OUT. C. PROCLAIM SUNDAY, JULY 13, 2003 AS BLUE AND WHITE SUNDAY IN THE CITY OF COTTAGE GROVE TO RECOGNIZE AND HONOR LAW ENFORCEMENT PERSONNEL WITHIN THE COMMUNITY. D. PULLED FOR SEPARATE VOTE. E. ADOPT RESOLUTION NO. 03-132 APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE EXPANSION OF THE AUTOMOTIVE AND MOTOR VEHICLE REPAIR F. G. H USE AT HANSEN'S AUTO CARE, 8118 HADLEY AVENUE SOUTH. APPROVE AN AGREEMENT WITH KOHL'S REGARDING TREE MITIGATION. AUTHORIZE EXPENDITURES TOWARD REPAIR OF FIRE STATION #2 FROM THE BUILDING MAINTENANCE FUND IN THE ESTIMATED AMOUNT OF $35,000. RECEIVE INFORMATION SENT TO ST. PAUL PARK REGARDING THE DRAFT AUAR FOR THEIR RIVERS EDGE PROJECT. ADOPT RESOLUTION NO. 03-133 AUTHORIZING EXECUTION OF A GRANT AGREEMENT W ITH THE DEPARTMENT OF HOMELAND SECURITY/FEMA TO BE USED FOR THE PURCHASE OF A SELF CONTAINED BREATHING APPARATUS (SCBA) AIR BOTTLE FILLING STATION. ADOPT RESOLUT/ON NO. 03-134 AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, EMERGENCY MANAGEMENT DIVISION TO BE USED FOR HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS. K. AUTHORIZE ISSUANCE OF A REQUEST FOR PROPOSAL TO CONSOLIDATE SOME OR ALL OF THE CITY'S PRE-EMPLOYMENT AND EMPLOYMENT PHYSICAL EXAMS, CHEMICAL SCREENINGS AND AGILITY TESTING. L. RECEIVE AND ACCEPT THE COMPREHENSIVE ANNUAL FINANCIAL REPORT. M. ADOPT JULY 23, 2003 AND JULY 30, 2003 AS BUDGET WORKSHOP DATES TO START AT 6:30 P.M. N. RECEIVE INFORMATION REGARDING THE SOUTH WASHINGTON WATERSHED DISTRICT STORMWATER UTILITY. O. ADOPT RESOLUTION NO. 03-135 APPROVING THE FINAL PLAT NAMED PINE SUMMIT 6 ADDITION. P. ADOPT RESOLUTION NO. 03-136 AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, EMERGENCY MANAGEMENT DIVISION TO BE USED FOR HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS TRAINING. Q. AWARD TEST HOLE FOR WELL 11 PROJECT (FILE NO. 48-03-184) TO THE LOWEST RESPONSIBLE QUOTER, KEYS WELL DRILLING COMPANY OF ST. PAUL, MINNESOTA IN THE QUOTATION AMOUNT OF $19,645.00. Regular Meeting — July 16, 2003 Cottage Grove City Council Page 7 R. PULLED FOR SEPARATE VOTE. S. ADOPT RESOLUT/ON NO. 03-137 ADOPTING A FEE INCREASE FOR A TALL WEEK VIOLATION FROM $35.00 TO $50.00. MOTION CARRIED 5-0. Mayor Shiely stated that if anyone is present for issues on the Consent Calendar all have been passed. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES A. Response to Sheila Colbert Reqardinq Hiqhlands Neiqhborhood Traffic Issues. Mayor Shiely stated that they received a report and she reviewed the discussion with Council. She thanked the Public Safety Commission for listening to all of the residents noting that a lot of good discussion did take place. She explained that a letter was sent to Ms. Colbert that explained that their recommendation for staying with the current barricade location is due to safety issues. City Administrator Schroeder confirmed that a letter of explanation was sent to Ms. Colbert that included an invitation to attend the Public Safety Commission meeting. Council Member Kohls stated that she had received an email a couple weeks ago from residents in area and explained that she spoke with Ms. Cullen, the County Engineer, regarding their concerns. She stated that she asked Ms. Cullen to do a study and that she has received the results of the study. She reviewed the response from the County with the Council stating that in light of the timeframe and delays, the County does not feel that removing the barricade at this point in time is necessary. She further ex�lained that the County is satisfied that the location of the barricade should remain at 70 h Street and that it is the right thing to do. She stated that she wanted the public to know that the City did receive a response from the County. PUBLIC HEARINGS A. Conduct a Public Hearinq and Consider Adoptina a Resolution Updatinq Business Subsidies Criteria for the Citv of Cottaqe Grove. Assistant City Administrator Wolfe stated that in 1999 the State Legislature adopted a City Business Subsidies Amendment and she reviewed the history with Council. She noted that they were faced with making some changes in order to be consistent with the amended act of 2000 and based on advice from the City Attorney they decided to wait until now. She reviewed the requirements and the established criteria with Council. She stated that both the EDA Public Hearing and this proposed resolution has been duly publicized per statute. She explained that the key difference between 1999 and 2000 is that it requires the City to set specific minimums such as minimum wages forjobs created. She clarified that this is a minimum and that it should also be stated that this particular process is to establish the criteria and requires that the City hold a public hearing. She stated that the EDA did adopt this resolution at their last meeting. Regular Meeting — July 16, 2003 Cottage Grove City Council Page 8 Mayor Shiely Opened the Public Hearing at 8:20 p.m. No one spoke at the Public Hearing. Mayor Shiely Closed the Public Hearing at 8:21 p.m. Council Member Kohls stated that she has some concerns with this resolution adding that in her opinion, $11.00 is too low for a minimum wage. She asked for further clarification as to the process used to determine the minimum wage. Assistant City Administrator Wolfe reviewed the process with Council stating that when the project was initially being developed that Council needed to get Legislation to do projects in the Industrial Park area. She explained that they had to establish a minimum wage to serve as a basis for a starting point. She reviewed the wage histories with Council noting that prior to 1999 minimum wage was approximately $8.50 per hour and was bumped up to $9.00 per hour in 1999. She stated that the $9.00 per hour wage was in place for short time and increased two years later, in 2001 to $10.00 per hour, and rose again, January 1, 2003 to $11.00 per hour. She reviewed the living wage requirement noting that she provided the living wage information to the EDA for their review. She stated that it is her understanding, based on the EDA minutes, that the EDA did not want to go too high and determined $11.00 per hour as the base minimum wage. City Administrator Schroeder stated that his recollection is that a living wage for a single wage earner is approximately $10.00 to $11.00 dollars and that the range for a family of four is approximately $13.00 to $14.00 per hour. He explained that there was a concern that if they placed the minimum wage at $14.00 per hour that it would exclude individuals before being able to understand what the company could bring to the community. Council Member Kohls stated that they should be shooting for a little more than a living wage adding that if they set their expectations low that it would not draw a good employee base. Council Member Wolcott agreed that they want it to have a higher wage level for the types of businesses they are trying to attract and clarified that the concern was that this is the minimum wage of the lowest paid employee in company. He noted that the average wage could be higher. Council Member Kohls reviewed the criteria document with Council and clarified her understanding that a business could go as long as 25 years on the subsidy without any promise of creating a job. City Administrator Schroeder reviewed the process with Council noting that three years ago they were concerned about where the employees for these businesses would come from. He explained that when they marketed to prospective clients it was with the understanding that they had a built up capacity of available employees. He further explained that if a company came into certain areas of the metro and brought a need for 500 -$15.00 per hour jobs that it would cause other businesses to get nervous. He stated that this is why the State requirements were changed to minimize the requirement and concern. He stated that the majority of companies they spoke with stated that they had several employees located in Cottage Grove and acknowledged that they might not be able to initially create jobs but would be able to supply jobs in the future. Regular Meeting — July 16, 2003 Cottage Grove City Council Page 9 Council Member Kohls referenced Item 2.01 b and asked for further clarification. City Administrator Schroeder explained that by State law they have to prove that this project would proceed adding that in every resolution of approval evidence would be included. Mayor Shiely asked if any of these businesses could go to Wisconsin. She stated that it is very difficult to attract businesses to the community noting that a subsidy is based on the fact that the business would provide a long-term benefit to the Community through its tax base and convenience to the residents. She stated that her key issue is based on a statement made by Assistant City Administrator Wolfe that adoption of a resolution would be precluded by each business being required to have a separate public hearing. Council Member Kohls reiterated concerns that they are setting the wage level and expectations too low. Assistant City Administrator Wolfe clarified that based on the Business Subsidy Goals report that if a business does not meet the outlined goals that it would have to repay the subsidy. She stated that businesses have always exceeded the minimums in the past. Council Member Kohls noted that a business has to agree to stay for five years beyond the timeframe of the subsidy and asked if there were any penalties if they leave before the five- year period. City Administrator Schroeder explained that a business would be in default with the agreement. Assistant City Administrator Wolfe further explained that Council would have to approve the request after the public hearing and that the penalty in the Goals section of the agreement would be to repay the subsidy. She stated that they would not have a choice. MOTION BY WOLCOTT, SECONDED BY GROSSKLAUS, TO ADOPT RESOLUTION NO. 03-138 TO ESTABLISH CRITERIA FOR GRANTING BUSINESS SUBSIDIES. MOTION CARRIED 5-0. BID AWARDS A. Recommend Citv Council Award the Bid and Approve the Purchase for One (1) 2003 Total Purchase of $99,760.00. Council Member Grossklaus noted that page 2 discussed materials and a reduction of $800 as a benefit. Public Safety Director Mickelson explained that it is the maintenance that they are concerned about noting that they would prefer more upgraded equipment. He stated that they are going to try to sell the existing ambulance before accepting the trade in value. MOTION BY RICE, SECONDED BY KOHLS, TO AWARD THE BID AND APPROVE THE PURCHASE FOR ONE (1) 2003 TYPE III AMBULANCE TO ROAD RESCUE, INC. IN THE AMOUNT OF $101,260.00 MINUS THE TRADE IN ALLOWANCE OF $1,500.00 FOR OUR 1991 AMBULANCE FOR A TOTAL PURCHASE OF $99,760.00. MOTION CARRIED 5-0. UNFINISHED AND NEW BUSINESS Regular Meeting — July 16, 2003 Cottage Grove City Council Page 10 A. Consider Imposinq a$500.00 Fine on Bettv Schultz/DBA Boondocks Bar & Grill for her Business Furnishinq Liquor to a Minor durinq the September 14, 2002 Alcohol Compliance Check. City Administrator Schroeder stated that Ms. Schultz is not denying responsibility and is accepting the fine. MOTION BY WOLCOTT, SECONDED BY GROSSKLAUS, TO APPROVE IMPOSING A $500.00 FINE ON BETTY SCHULTZ/DBA BOONDOCKS BAR & GRILL FOR HER BUSINESS FURNISHING LIQUOR TO A MINOR DURING THE SEPTEMBER 14, 2002 ALCOHOL COMPLIANCE CHECK. MOTION CARRIED 5-0. B. Consider Authorizinq the Purchase of a Variable Frequencv Drive for Booster #2 from Low Bidder Specified Mechanical Svstems (ASEA Brown Bover) at a cost of Prolect Cost Estimated to be $19,994.10, which can be paid for throuqh Unbudqeted Water Operatinq Funds. Public Works Director Burshten explained the system and reviewed the process with Council. He explained that this would reduce the water pressure issues noting that NSP is presently offering rebates. He explained that installing now makes the best sense for a soft start noting that it would shut down gradually versus having to do an immediate power down of the system. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO AUTHORIZE THE PURCHASE OF A VARIABLE FREQUENCY DRIVE FOR BOOSTER #2 FROM LOW BIDDER SPECIFIED MECHANICAL SYSTEMS (ASEA BROWN BOVER) AT A COST OF $13,994.10 AND AUTHORIZE INSTALLATION SERVICES PROVIDED BY DETAIL ELECTRIC AND TELEMETRY AND PROCESS CONTROL ESTIMATED AT A COST OF $6,000.00 FOR A TOTAL PROJECT COST ESTIMATED TO BE $19,994.10, WHICH CAN BE PAID FOR THROUGH UNBUDGETED WATER OPERATING FUNDS. MOTION CARRIED 5-0. C. Consider Authorizing the Purchase of 118 Green LED Signal Lamps from Traffic Technoloqies in the Amount of $16,085.76. Public Works Director Burshten reviewed the process staff had gone through with the switch out of the red lights. He stated that Xcel is offering rebates on this unit. He reviewed the energy savings with Council noting that based on the results it is not only energy efficient but also provides a savings with respect to time and labor. MOTION BY WOLCOTT, SECONDED BY RICE, TO AUTHORIZE THE PURCHASE OF 118 GREEN LED SIGNAL LAMPS FROM TRAFFIC TECHNOLOGIES IN THE AMOUNT OF $16,085.76. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS Regular Meeting — July 16, 2003 Cottage Grove City Council Page 11 NONE COUNCIL COMMENTS AND REQUESTS Council Member Rice stated that the City has experienced up to 23 portable toilets that have been burned noting that this is a problem affecting the Police, Fire and Public Works Department. He explained that the City is on verge of losing the contract with the company that supplies the portable toilets, as they are very costly to replace. He encouraged residents to contact the Police Department if they see anyone in the parks after 10:00 p.m. He expressed his disappointment and suggested that they provide for a reward for catching the people or individual who has been starting the fires. Council Members Wolcott and Kohls agreed with the need for a reward. Council Member Wolcott stated that if this continues they would not be able to provide any portable toilets in the park areas. He stated that the reward should also include graffiti adding that this destruction can no longer be tolerated. Public Safety Director Mickelson stated that the company has also said that they would donate monies towards the reward. Mayor Shiely also agreed and asked if there are dollars available in the gambling fund for a reward. Public Works Director Burshten explained the costs noting that a single unit is approximately $600.00 and the handicap units are approximately $2,000.00 to replace. He noted that the evening before someone had attempted to burn the play structure at Kingston Park. He stated that to replace the play structure would cost approximately $26,000.00. Council Member Wolcott suggested a$2,000 reward. He asked if most of the areas are lit where the toilets are located. Public Works Director Burshten stated that some areas are lit and some aren't. Mayor Shiely agreed that a$2,000.00 reward would be good and encouraged the company to contribute. She also encouraged the Bulletin to give this issue some publicity. MOTION BY WOLCOTT, SECONDED BY RICE, TO ESTABLISH A$2,000.00 REWARD TO APPREHEND THE PERPERTATORS THAT ARE DESTROYING PARK PROPERTY MOTION CARRIED 5-0. Council Member Rice stated that there are several dead trees in the area and asked if they are being removed. City Administrator Schroeder stated that removal of the dead trees is being taken care of. Council Member Kohls referenced the calendar for Agenda items stating that she would like a discussion scheduled soon on the potential stop light on 80� Street and Jamaica. She stated that several residents have contacted her and expressed concerns noting that it is becoming a very dangerous intersection. City Engineer Hanzlik stated that they are aware of issue and would be addressing it soon. Regular Meeting — July 16, 2003 Cottage Grove City Council Page 12 Mayor Shiely stated that the annual Safety Camp was held this week and commended the Cottage Grove youth for their involvement and Public Safety for their wonderFul management of the camp. She reviewed their activities with Council noting that it is a terrific program and that she would be guest speaker at their graduation. Council Member Grossklaus complimented the Public Works Department on their cleanup of 80� Street. He stated that it looks really nice now that the work has been completed. Mayor Shiely agreed stating that she had a former Woodbury Council member stop her and acknowledge 80� Street. PAY BILLS MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE PAYMENT OF CHECK NUMBERS TO 129802 THROUGH 130243 TOTALING $3,086,286.86. (CHECKS 129802- 130047 IN THE AMOUNT OF $1,481,118.14 ISSUED PRIOR TO COUNCIL APPROVAL.) MOTION CARRIED 5-0. Mayor Shiely called a ten—minute break at 9:05 p.m. Mayor Shiely called the meeting back to order at 9:15 p.m. Present: Mayor Sandy Shiely Council Member Mark Grossklaus Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Kim Lindquist, Community Development Director Nancy Hanzlik, City Engineer Les Burshten, Public Works Director Michelle Wolfe, Assistant City Administrator WORKSHOP SESSION — OPEN A. Participate in a Workshop on Hamlet Park Pond Expansion and Related Storm Water Infrastructure. City Engineer Hanzlik explained that the purpose of the workshop was to update Council on concerns presently being addressed by MnDOT and City Staff regarding action that would be required on drainage and infrastructure within Cottage Grove. She stated that Jerry Bourdon and Angela Popenhagen, Bonestroo Engineering, have been working on the technical work on the City's surface water system with the purpose of addressing MnDOT's water concerns. She reviewed the background history with the Council noting that they received a letter from Dennis Larson, Minnesota Water Resources, stating that Cottage Grove is basically Regular Meeting — July 16, 2003 Cottage Grove City Council Page 13 responsible for the frequent flooding on Highway 61. Public Works Director Burshten stated that the last major flooding was in 1987. City Engineer Hanzlik referenced two culverts that run under Highway 61 stating that they have been asked to clean them out. She stated that MnDOT does not want Cottage Grove to add any more water into the current system. She stated that they must also address the high water elevation for Hamlet Pond noting that there is a question as to what the elevation should be and is. She stated that they would have to update the surface water plan in the next couple years noting that the goal would be to review available options. She stated that they would like to be able to present MnDOT with comprehensive calculations and that they would like to narrow the options down to one or two possibilities and present them as possible solutions in order to proceed with developing a more comprehensive storm water system plan. Mr. Bourdon provided Council with a background history on storm water issues that have to be dealt with. He explained that MnDOT was reacting very strongly to the City's request to use the culverts under Highway 61. He further explained that they are concerned that water flows would come down from an upstream development and exacerbate the situation. He reviewed the 1984 Surface Water Management Plan Map with Council noting that it mainly deals with the West Draw area. He explained that the surface water management is evolving and would continue to evolve. He stated that in the 1960's Hamlet Pond was created for the Thompson Grove area. He stated that in 1995-97 the City did another study and upgraded the study using a more current water management philosophy and reviewed the ponding areas with Council. He stated that 3M had concerns that were addressed with the City and reviewed the changes with Council. He explained that they amended and removed storm water ponds and placed them in the Industrial Park area. He stated that high flows through the 3M ravine should be avoided noting that the current storm water management suggests holding water back as there are environmental concerns in the ravine. He reviewed the natural watershed area in the City with Council. Ms. Popenhagen reviewed the four options with Council noting that the low areas are located on Highway 61. Mr. Bourdon stated that they have to get the water from the West Draw/Kohls site down to Hamlet Park. He stated that Council has already approved the project that would do this adding that to do nothing or not make any improvements would cause some flooding. He noted doing nothing was never intended and an outlet was always planned. Council Member Wolcott asked if they have ever cleaned out Hamlet Pond. Public Works Director Burshten stated that approximately 12 years ago they did go in and clean out the drainage area along the backside of the ball fields. He stated that the pond near Hadley has never been cleaned out. Mayor Shiely asked if this is one of the areas where the stormwater utility dollars would be used. Public Works Director Burshten confirmed that it is. Regular Meeting — July 16, 2003 Cottage Grove City Council Page 14 Council Member Wolcott asked if the depth of Hamlet Pond has changed with the sediments. Public Works Director Burshten stated that it has noting that it could be dredged out for more storage. Council Member Wolcott clarified that they had always discussed extending the flume adding that the concern is not to expand, as 3M does not want the increase in flow. Council Member Wolcott asked if there is wetland on the south side of Miller Road. Mr. Bourdon explained that this was the area located on the 3M properties that they were initially going to use to store the water adding that 3M objected. He further explained that 3M plans to develop in their business campus area sometime in the future and wants the wetlands left alone because they plan to use that area for their own stormwater drainage. Ms. Popenhagen stated that 3M would allow some enlargement to handle the water. City Administrator City Administrator Schroeder stated that the City has a document noting that 3M is comfortable with the flume extension. Mayor Shiely stated that the 3M Stormwater Plan is a bit of a mystery and asked when Staff was made aware of the plan. City Administrator Schroeder stated that no one has approved the plan. He stated that 3M approached the City and suggested changes to the plan adding that the 3M plan would ultimately be amended to the City plan. Mr. Bourdon stated that he does not know the details but that 3M has agreed to do surface water management and appropriate ponding for the stormwater drainage. Mayor Shiely stated that the City should know 3M's Stormwater Plan and what their ponding options are. She asked if they legally should be made aware of the plan. City Administrator Schroeder reviewed the expansion of the current wetlands noting that it was not something they intended to build soon as they did not want to be in the position of constructing something until they could connect the stormwater pipes. Mr. Bourdon noted that the City could be held accountable adding that he did recall that 3M did agree to do the appropriate steps as part of their share. He stated that it did not include what should be the City's responsibility. Ms. Popenhagen reviewed the possible expansion at Hidden Valley and Pine Summit with Council. She noted that if Thompson Grove is not able to use the pond they were intended to use that they would need at least 26 acres for ponding and stormwater. She stated that one option would be to work with 3M and send down a flume at a higher rate noting that the ravine could erode due to rate of flow. She recommended a pipe option or structure stating that it would be a 72" pipe for 900 feet. She stated that a very expensive, final option is to find ponding in the Hamlet area. Council Member Wolcott asked if Highway 61 is lower or higher than the railroad tracks. Ms. Popenhagen stated it is lower. Regular Meeting — July 16, 2003 Cottage Grove City Council Page 15 Ms. Popenhagen stated that four ponds are proposed in the industrial area adding that it would be brought into the new larger ponding area and she reviewed the location with Council. Mayor Shiely asked for further clarification of the 21 acres the City is currently considering north of 80` and Highway 61. Ms. Popenhagen stated that it would be very costly to get a large pipe under Highway 61 to the pond. She stated that it could be a large amount of water going under Highway 61 and that the pond would not be able to handle the rates. She stated that there is an existing culvert that would require replacement of the pipe, as it would not be able to handle the increased flow. Ms. Popenhagen stated that Options 1 and 2 are not doable noting that Option 3 would be a possibility but would require working with 3M. She suggested Option 4, the Industrial Park area or possibility work with a combination of Options 3 and 4. Council Member Wolcott asked if it would increase the ponding on the Glendenning property. Ms. Popenhagen stated that it would. Council Member Wolcott asked what kind of regulations they would be dealing with to clean out Hamlet Park. Mr. Bourdon explained that the City had planned to build a flume from Hamlet along with miscellaneous improvements noting that the only thing he sees is a sequencing change. He stated that in order to deal with MnDOT the City would have to come up with additional ponding. City Engineer Hanzlik reviewed the map with Council stating that the pond does not preclude the Hamlet expansion or Industrial Park. City Administrator Schroeder stated that construction of the ponds would include a similar operation used when they installed the flume down by AGCO noting that mining, crushing and stockpiling of rock would occur. He stated that they would not be able to build walls around the area. Council Member Kohls asked how close this would be to the residential areas. City Administrator Schroeder explained that it is right at the end of Hamlet and is close enough to affect the neighborhoods. Mayor Shiely noted that Council has had long-standing concerns about buffers between the developments and the Industrial Park and acknowledged that in the long run this would assure the buffer. Mayor Shiely asked how long it would take to excavate a pond this size. Mr. Bourdon stated that they would have to review and come back to Council with this information. Mayor Shiely asked Mr. Bourdon to request documentation from MnDOT regarding the flooding on Highway 61 while working through the issues with them adding that she would like to see more negotiations with 3M. Council Member Wolcott asked if they could do some soil borings. City Administrator Schroeder stated they are in the process of taking some soil borings in the area. Regular Meeting — July 16, 2003 Cottage Grove City Council Page 16 City Administrator Schroeder noted that the concerns regarding stormwater drainage is not a surprise adding that MnDOT's discussion of the water elevation on Hamlet is a surprise. He explained that Council has contemplated expenditures over the years to deal with this issue. He stated that expansion of Hamlet Park is part of the thought process for installation of the flume and that they have been working towards this for quite some time. City Administrator Schroeder noted that they did not mention a culvert in the middle of Hamlet and suggested lowering it. Ms. Popenhagen stated that it is at 782, which is at the normal water level. She stated that it is a 24-inch culvert and can handle 30 CFS. She stated that they have 200 CFS coming out at this location noting that this is not the ultimate solution to manage this water. Mr. Bourdon noted that there is a safety issue with the water seeping through the line. Mayor Shiely stated that there is a need to dredge the area. Ms. Popenhagen agreed stating that it should be a regular maintenance item. She noted that this would not provide additional storage or resolve the long-term problem. Council Member Wolcott asked if there is a spring near Perkins. Public Works Director Burshten confirmed that there is a spring near Perkins. Ms. Popenhagen noted that MnDOT is investigating the spring. Public Works Director Burshten explained that it is a natural spring that flows through MnDOT right of way. Mayor Shiely expressed concerns regarding the property purchased by 3M to provide a buffer. She stated that 3M is no longer planning on building the buffer and reviewed her concerns with Council. Mr. Bourdon stated that 3M wants to use the buffer area for their own stormwater drainage as they begin to develop the rest of their property. He stated that 3M does not want the City to come in and use up their water storage areas and not have anything available for their stormwater drainage. Council Member Rice referenced the Option 5 map noting the flume going through the area and asked for clarification. Ms. Popenhagen stated that the flume would start at the end of the pond. Council Member Kohls stated that it appears that all they could do is something in the Industrial Park area and agreed that they should try to negotiate with 3M to determine what options are available in order to minimize the land taken from the Industrial Park. She asked how much this would cost and where the money would come from to pay for it. She asked how much of the work done on the Kohls site contributed to this problem downstream. Ms. Popenhagen reviewed the Kohls site with Council and explained that elimination of a two-acre pond and changing it from a rural residential to a commercial zone has caused a need for a four-acre pond. She stated that approximately 11 °/a of the total pond needed is attributable to Kohls. She stated that the land costs for forty acres in the Industrial Park area, at a dollar per square foot, would cost approximately $1.7 million. She reviewed how there might be some cost-saving measures when constructing the ponding area. Regular Meeting — July 16, 2003 Cottage Grove City Council Page 17 Council Member Kohls asked if they could do development anywhere in the Industrial Park. Ms. Popenhagen confirmed stating that as development occurs they would have to pay for the infrastructure. Council Member Kohls asked if MnDOT could live with a phased project. City Engineer Hanzlik stated that they are presently working on this and that they plan to present this option to MnDOT for their consideration. City Administrator Schroeder clarified that MnDOT needs to know that we can address the most critical concerns and work with them to develop the plan perhaps over a period of three years. Council Member Kohls asked if they have enough in the Industrial Park area for development to be able to come up with the money. She also asked how much is available in the Stormwater Area Fund. Finance Director Hedberg stated that they have approximately $2 million in the fund. City Engineer Hanzlik clarified that one of the projects identified in the Stormwater Area Fund is the flume. Council Member Wolcott asked what percentage MnDOT has caused. Ms. Popenhagen stated MnDOT has caused 25%. City Engineer Hanzlik explained that the request from MnDOT stated that they want to see Cottage Grove lower the elevation in Hamlet pond and she reviewed the numbers with Council Member Wolcott. Ms. Popenhagen stated that they would have discussions regarding these issues and concerns with MnDOT. City Engineer Hanzlik clarified that their intent was to make sure that Council is aware that they are taking land, originally intended for development, which would now be used for ponding. Council Member Wolcott acknowledged that the pond would provide a buffer to the residents from the Industrial Park and suggested that Public Works Director Burshten consider dredging Hamlet Pond. Mayor Shiely expressed concerns about the mining stating that she is not completely behind that idea. Public Works Director Burshten explained that the procedure is more modified noting that there would be some impact from the blasts adding that it would not be very noticeable. He stated that this would provide an opportunity to generate revenue adding that it may be the only practical way it could be done. Council Member Kohis expressed concerns regarding the blasting adding that there was no way she would be able to live next to that over a three-year period. She stated that it would be asking a lot of the residents to tolerate the blasts for such a long period of time. She stated that this neighborhood is taking the brunt of this from the City and suggested getting in and doing this as quickly as possible. Council Member Wolcott asked Public Works Director Burshten where they are recommending doing the crushing. Public Works Director Burshten explained that the crushing would have to be done close to site, as it would be too costly to truck it out of area. WORKSHOP SESSION — CLOSED Regular Meeting — July 16, 2003 Cottage Grove City Council Page 18 NONE ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY RICE, TO ADJOURN THE MEETING AT 10:30 P.M. MOTION CARRIED 5-0. Respectfully submitted, Bonita Sullivan TimeSaver Off Site Secretarial, Inc.