HomeMy WebLinkAbout2010-04-21 PACKET 03.A.COTTAGE GROVE CITY COUNCIL
City of Cottage Grove, Minnesota
Regular Meeting
March 3, 2010
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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 not on the agenda.
Persons must limit remarks to two (2) minutes.
The following were present: Mayor Myron Bailey, Council Member Mark Grossklaus, Council
Member Pat Rice, Council Member Jan Peterson, and Council Member Justin Olsen.
The following were absent: None.
Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin
Roland, Finance Director; Howard Blin, Community Development Director; Craig Woolery,
Public Safety Director; Jennifer Levitt, City Engineer; and Les Burshten, Public Works Director.
Mayor Bailey opened Open Forum at 7:15 p.m., and asked if anyone in the audience wished to
address the City Council on any topic not on the agenda. There being none, Mayor Bailey
closed Open Forum to the Regular Meeting.
CALL TO ORDER - Regular Meeting
The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular
meeting on March 3, 2010, at the Cottage Grove City Hall, 7516 80 Street South. Mayor Bailey
called the meeting to order at 7:30 p.m.
PLEDGE OF ALLEGIANCE
The audience, staff, and the Mayor and Council Members pledged allegiance to the flag of the
United States of America.
ROLL CALL
The following were present: Mayor Myron Bailey, Council Member Mark Grossklaus, Council
Member Pat Rice, Council Member Jen Peterson, and Council Member Justin Olsen.
The following were absent: None.
Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin
Roland, Finance Director; Howard Blin, Community Development Director; Corrine Heine, City
Attorney- Kennedy & Graven; Craig Woolery, Public Safety Director; Jennifer Levitt, City
Engineer; and Les Burshten, Public Works Director.
Mayor Bailey presided over the regular meeting.
Cottage Grove City Council �y
March 3, 2010 Regular Meeting G
1. ADOPTION OF AGENDA
MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER
OLSEN, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 5 -0.
2. PRESENTATIONS
A. Photo Contest
Human Resources Coordinator Fischbach announced the winners of the 8th
Annual Photo Contest and the Mayor and Council presented each winner in
attendance with their prizes and thanked everyone who participated in this year's
event. The 1st place winners were:
I. Landmark Category - Lori Larson
ii. Nature Category - Diane Fredrickson
iii. People Category - Ann -Marie Larkin
iv. Commercial /Retail Category - Juli Holm
v. Sports and Leisure Category - Bailey Bieniek
vi. Neighborhood Category - Hank Drabczak
vii. Black and White Photograph - Lori Larson
B. Reserve Officer Program
Public Safety Director Woolery and Police Officer Foucault highlighted the newly -
created "Reserve Academy', developed by the Department. Each recruit
attended the weekly eight (8) week, four (4) hour session on the following topics:
review of all mandated City policies; data privacy; familiarization of the police
vehicle; report writing; 800 MHz radio functioning and usage by a Washington
County Dispatcher; geography /mapping; citizen arrests by the City's Prosecuting
Attorney Joseph Taylor; K -9 Introduction; motorist assists; parking violations;
miscellaneous reports; CPR /AED /First Aid by the City's EMS Director, Wes
Halvorson; vehicle lockouts; animal complaints; use of tasers; use of force; and
traffic control /direction.
Mayor Bailey introduced the first reserves to complete the Academy and
presented each with a Certificate of Completion: Mathew Meeaver, Justin Van
Halanger, Richard Constable, Shawn Blakemore and Brittany Cekalla.
3. APPROVAL OF MINUTES None.
4. CONSENT CALENDAR
Council Member Rice pulled item J and Mayor Bailey pulled item H for discussion
purposes.
Council Member Rice acknowledged receipt of a $100.00 donation from RMG Group on
behalf of David Fronczak for the Cottage Grove Department of Public Safety, Fire
Auxiliary, to be used as needed.
Cottage Grove City Council
March 3, 2010 Regular Meeting
Mayor Bailey stated that Item H is to approve a proposal from Progressive Consulting
Engineers, Inc., for consulting services related to PFC ground water analysis for the
Environmental Commission.
MOTION BY COUNCIL MEMBER RICE, SECONDED BY COUNCIL MEMBER
PETERSON, TO:
A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES:
I. PLANNING COMMISSION MEETING OF JANUARY 25, 2010.
B. APPROVE THE AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE
AND THE CITY OF NEWPORT FOR STREET SWEEPING AND STRIPING
PROGRAM FOR THE TERM COMMENCING APRIL 1, 2010 THROUGH APRIL
1, 2011 AND SHALL AUTOMATICALLY RENEW FOR AN ADDITIONAL ONE
YEAR TERM OF APRIL 1, 2011 AND ON APRIL 1, 2012, UNLESS EITHER
CITY PROVIDES A NOTICE OF TERMINATION AS PROVIDED IN THE
AGREEMENT ENTITLED "STREET SWEEPING AND STRIPING
AGREEMENT'.
C. ADOPT RESOLUTION NO. 2010 -027, A RESOLUTION AWARDING THE
QUOTE FOR THE 2010 JOINT STREET STRIPING CONTRACT TO AAA
STRIPING CO., IN THE AMOUNT OF $33,558.39.
D. ADOPT RESOLUTION NO. 2010 -028 A RESOLUTION AWARDING THE
QUOTE FOR THE 2010 JOINT STREET SWEEPING CONTRACT TO MIKE
MCPHILLIPS, INC., IN THE AMOUNT OF $71.35 PER HOUR.
E. ADOPT RESOLUTION NO. 2010 -029 A RESOLUTION AWARDING THE
QUOTE FOR THE 2010 CRACK SEALING PROGRAM TO NW ASPHALT
MAINTENANCE IN THE AMOUNT OF $29,600.00.
F. AUTHORIZE THE CITY ENGINEER TO SUBMIT AN APPLICATION TO THE
SOUTH WASHINGTON WATERSHED DISTRICT, COORDINATED CAPITAL
IMPROVEMENTS PROGRAM FOR WATER QUALITY IMPROVEMENTS IN
THE RIVER ACRES PAVEMENT MANAGEMENT PROJECT. THE PROJECT
CONSISTS OF THE CONSTRUCTION OF RAIN GARDENS ON 115 STREET
AND INSTALLATION OF CURB AND GUTTER WITH A STORM SEWER
SYSTEM ON INMAN AVENUE.
G. APPROVE THE 2009 LABOR AGREEMENT BETWEEN THE CITY OF
COTTAGE GROVE AND THE INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL NO. 2070.
H. APPROVE THE PROPOSAL FROM PROGRESSIVE CONSULTING
ENGINEERS, INC., FOR CONSULTING SERVICES RELATED TO PFC
GROUNDWATER ANALYSIS BY THE ENVIRONMENTAL COMMISSION IN
THE AMOUNT OF $15,000.00.
I. ADOPT RESOLUTION NO. 2010 -030 A RESOLUTION APPROVING THE
APPLICATION OF AGGREGATE INDUSTRIES FOR THE 2010 ANNUAL
Cottage Grove City Council
March 3, 2010 Regular Meeting 4
MINING PERMIT AND TO GRANT A VARIANCE TO THE ORDINANCE
REQUIREMENT LIMITING MINING OPERATIONS BETWEEN 6:00 A.M., TO
10:00 P.M., TO ALLOW THE DREDGE TO OPERATE 24 HOURS PER DAY,
SEVEN (7) DAYS PER WEEK, BASED ON THE FINDINGS OF FACT
SUPPORTING THE VARIANCE AND SUBJECT TO COMPLIANCE WITH THE
13 CONDITIONS LISTED IN THE RESOLUTION.
J. ADOPT RESOLUTION NO. 2010 -031 A RESOLUTION ACCEPTING
DONATION FROM RMG ON BEHALF OF DAVID FRONCZAK TO THE
COTTAGE GROVE DEPARTMENT OF PUBLIC SAFETY, FIRE DIVISION
AUXILIARY, TO BE USED AS NEEDED.
MOTION CARRIED. 5 -0.
5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES - None.
6. PUBLIC HEARINGS -None.
7. BID AWARDS None.
8. UNFINISHED AND NEW BUSINESS
A. Cottage Grove Ice Arena Sign Designs
City Engineer Levitt reviewed some of the design elements and some of the
constraints that we have as we move forward with the replacement of the sign.
Some of the constraints include the visibility of the sign due to snow pile placed
on the property adjacent to the existing sign by the school district blocking the
sign, as well as some private utilities that feed to the sign and the building that
may need to be relocated.
City Engineer Levitt presented a mock up option that includes a monument base
and brick around the base and sides of the sign. She stated they found that the
mock up design would be too low.
City Engineer Levitt stated the rendering included in the packet would utilize the
existing steel columns and footings and the existing reader board would be
removed and replaced with a new sign face listing the facility name, address and
a three (3) line LED reader board. The columns and new sign face material would
wrap around the existing columns and would match the color of the Ice Arena's
roof and accent color and the sign cap would be designed to replicate the existing
wooden arched interior design of the Ice Arena.
Community Development Director Blin stated that we are fairly restrictive on
signs in institutional areas and stated that the proposed rendering would require a
variance for the height and to allow the electronic reader board to be installed on
a pylon sign. The Planning Commission would consider the variances at the end
of the month.
Cottage Grove City Council
March 3, 2010 Regular Meeting
City Engineer Levitt stated that staff is looking for direction on how to proceed
with the sign and the design elements presented.
Mayor Bailey asked if Council had any questions from staff.
Council Member Olsen questioned whether the mockup rendering presented with
the CG logo on it, was considered a monument sign. Community Development
Director Blin confirmed that a variance would not be required for the mockup
option monument sign. Council Member Olsen then asked what it would cost for
the monument design and City Engineer Levitt responded that she estimated that
it would easily cost $60,000, plus approximately $4,000 -5,000 in design costs
and utility relocation costs, if necessary.
Council Member Olsen stated it was his opinion that the monument mock up
design was much more attractive and that the recommended design does not
look complete, even though there would be some landscaping to fill in the gaps.
Council Member Rice stated the only difference between the pylon sign design
and the monument mockup design is the entire base would be filled in and asked
what it would cost to add a monument base. City Engineer Levitt estimated it
would cost an additional $10,000.
Council Member Grossklaus stated he agreed with both Council Members Olsen
and Rice, asked whether the sign would have any lighting other than the reader
board. City Engineer Levitt responded that the sign is back lit, so you will see light
shining through the Cottage Grove Ice Arena area and the address area.
Council Member Grossklaus stated he could not support obtaining a variance for
a pylon sign.
Council Member Grossklaus stated that we need to work with the School District
on moving their snow pile in lieu of increasing the height of the sign. At some
point, most of the Council would agree that we need to put a parking lot in the
area, when finances are available. At that point the snow pile is gone.
Council Member Grossklaus stated that we need to work with our other
government agencies to figure out a way to move the snow pile.
Council Member Peterson stated that regardless of the sign, that snow pile is not
very pleasant looking.
Council Member Grossklaus stated he knows our staff is good and we can work
on those things, maybe make the snow pile so it does not rise to 15 -feet in height.
Public Works Director Burshten stated that when you drive on 80 Street, even
when the snow pile is not there, the sign still needs to be at the higher elevation
because the road dips at that location.
Cottage Grove City Council
March 3, 2010 Regular Meeting
Council Member Olsen asked if the elevation of the sign is consistent with the
elevation of the new sign in front of Park High or is it higher. City Engineer Levitt
responded that it probably within a foot or two of it.
Council Member Olsen stated he would take this opportunity to reiterate what
Council Member Grossklaus stated. The City has certain expectations for
businesses and we should follow the same rules. He also stated that the mockup
monument design is very attractive and that we should get an estimate.
Mayor Bailey stated there was some discussion earlier about filling in the base
and he asked how high would the base be and City Engineer Levitt responded
that it would be about six (6) feet from the bottom of the electronic reader board
to the ground.
Mayor Bailey stated he agrees that we should comply with the same regulations
that we require of our businesses and commented that he would be willing to
entertain building the base up a little and then place a planter on top so it would
not look so open.
City Engineer Levitt asked if Council could provide her with a budget target.
Currently, they have $45,000 budgeted for the sign.
Council Member Olsen suggested that staff bring something back keeping in
mind that the budget is a huge concern and see what we get.
Mayor Bailey stated that the School District sign would have cost the City
$64,000. At that time we thought that the cost was a little high and we thought we
do something cheaper, but similar. He stated he would be interested in keeping
the cost at $45,000 but if that was impossible he would consider adding $10,000
for the base, for a total of $55,000.
Council Member Rice stated that from the top of the columns up to the top of the
whole sign, he likes the design of the monument style noting that it needs a base.
He stated he does not have a problem with a little space under the reader board.
Mayor Bailey stated the direction he is hearing from Council is to have staff return
to Council with something that includes a base but to try to keep the cost as low
as possible.
9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS
A. Response on Joint Purchasing of Trees
Mayor Bailey acknowledged the response from the Public Safety Director on the
request for the Public Works staff to look into a joint purchasing program for the
purchase of trees for various tree planting events. No action was taken.
Cottage Grove City Council
March 3, 2010 Regular Meeting
10. COUNCIL COMMENTS AND REQUESTS
Council Member Grossklaus noted that there is a Youth Activity Expo on March 4, 2010
from 5:00 pm to 7:00 pm, at the River Oaks Golf Course, free to the public.
Council Member Grossklaus invited the public to attend the Open Book Meeting
sponsored by the Washington County Assessor's Office on August 8, 2010 from 5:00 pm
to 7:00 pm, here at the Cottage Grove City Hall for residents to discuss the market value
of their property. Finance Director Roland stated that open book meetings will also be
held in Oakdale, Woodbury and at the Washington County Government Center at
various dates and time.
Council Member Olsen complimented staff at the River Oaks Golf Course for doing a
tremendous job with their fish fry. He and some friends attended a couple of weeks ago,
the place was packed, the food was fantastic and the service was outstanding.
Council Member Olsen then commented on the presentation regarding the police
reserve officers, stating that they do a fantastic job for the City supporting community
events such as the Strawberry Fest. He asked Public Safety Director Woolery how they
are doing in terms of support with respect to tools, uniforms, etc., and asked if there are
any adjustments that need to be made or conversations that need to be had regarding
adequately staffing and supporting the reserves to make sure the program is successful
Public Safety Director Woolery responded that changes have been made and they have
issued badges and their uniforms have been upgraded. We try to use what we have,
such as the lasers. He stated the recognition tonight was very important.
Council Member Peterson stated the Human Services /Rights Commission is sponsoring
a human rights poster and essay contest and noted that it is advertised on the City's web
site. If persons are interested is having their child participate, Council Member Peterson
stated the application and contest rules are on the City's web site.
Mayor Bailey stated in the next few weeks travelers along 80` Street will see some
holiday decorations going up on the street lights. He stated that the EDA is funding and
asking the community to select the lights that they favor suitable for the City and some
business areas of the community. To vote go to the City's Facebook page or stop by
City Hall.
Council Member Peterson stated on March 8, 2010 at 7:15 p.m., in the City Hall Council
Chamber, the new group, Independent Coalition of Concerned Citizens, is hosting a
meeting regarding the 3M incinerator issue. It is open to the public.
MOTION BY COUNCIL MEMBER GROSSKLAUS, SECONDED BY COUNCIL
MEMBER OLSEN, TO APPROVE PAYMENT OF CHECK NUMBERS 166151
THROUGH 166176 TOTALING $121,928.56. (CHECKS 166151 THROUGH 166176
TOTALING $121,928.56 WERE ISSUED PRIOR TO COUNCIL APPROVAL). MOTION
CARRIED. 5 -0.
Cottage Grove City Council
March 3, 2010 Regular Meeting
12. WORKSHOP SESSION - OPEN TO PUBLIC - None.
13. WORKSHOP SESSION - CLOSED TO PUBLIC
City Attorney Heine stated that she and City Staff are recommending that the Council
convene in closed session to discuss two (2) separate matters. The first matter is to
review the performance of City Employee Brian Wilson. That portion of the closed
meeting will be tape recorded, as required by law. Once that part of the closed session is
concluded, the Council will move to the next subject matter which is attorney /client
privilege to discuss threatened litigation. City Attorney Heine stated that litigation has
been threatened by a citizen's group relating to the 3M incinerator and the ordinance that
the City Council recently passed and they will also be discussing potential litigation that
the City could bring related to the 3M incinerator. That portion of the meeting, the
attorney - client portion, will not be tape recorded. She stated here is a need for absolute
confidentiality in meeting with the Council to discuss the threatened litigation because we
will be discussing litigation strategy and it would be detrimental to the City's interests to
have that discussion during an open meeting. City Attorney Heine stated that during
each of the closed sessions, the Council will not be discussing any matters other than
the items for which the meetings have specifically been closed. When the discussion of
the second items, or litigation matter, is concluded, the Council will reconvene the
regular meeting in open session and at that time, because the law requires it, there will
be a summary given regarding the performance evaluation of the employee, Brian
Wilson, noting that during the public portion of the meeting, there may be further
consideration of a Staff recommendation at that time.
MOTION BY COUNCIL MEMBER RICE, SECONDED BY COUNCIL MEMBER
GROSSKLAUS, TO TEMPORARILY ADJOURN THE REGULAR MEETING TO GO
INTO CLOSED SESSION. MOTION CARRIED. 5 -0.
The following were present: Mayor Myron Bailey, Council Member Mark Grossklaus,
Council Member Pat Rice, Council Member Jan Peterson, and Council Member Justin
Olsen.
Also present: Ryan Schroeder, City Administrator, Caron Stransky, City Clerk, Craig
Woolery, Public Safety Director, and Corrine Heine, City Attorney- Kennedy & Graven.
Pursuant to the open meeting law, a closed session was held to discuss with the City
Attorney and staff, the performance of a City employee, Police Captain Brian Wilson. A
tape recording of the closed session is on file in the office of the City Clerk.
Craig Woolery, Public Safety Director, left the closed session and Jennifer Levitt, City
Engineer, and Howard Blin, Community Development Director, arrived at the next closed
session.
Pursuant to the open meeting law, a closed session was held under the attorney - client
privilege to discuss threatened litigation by a citizen's group relating to the 3M incinerator
and the ordinance recently passed by the Council and to discuss litigation strategy. This
portion of the meeting was not tape recorded.
Cottage Grove City Council
March 3, 2010 Regular Meeting
MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER
PETERSON, TO ADJOURN THE CLOSED SESSION AND TO RECONVENE THE
REGULAR MEETING AT 9:22 P.M. MOTION CARRIED. 5 -0.
City Attorney Heine stated that the Council conducted a performance evaluation for a
City employee, Brian Wilson, and the law requires that the performance evaluation be
summarized during an open session of the Council. She stated the Council did meet in
closed session and did consider the Public Safety Deputy Director Brian Wilson's
performance over the past year and his current ability and potential future ability to
perform his duties. City Attorney Heine stated that Deputy Director Wilson has been
physically unable to perform his duties in excess of 52 weeks and that we do not
anticipate he will be able to perform those duties in a timely manner or foreseeable
future.
City Administrator Schroeder recommended that the Captain /Deputy Chief Wilson be
terminated from employment due to his physical inability to perform the job and he
reinforced that this is not a disciplinary action.
MOTION BY COUNCIL MEMBER GROSSKLAUS, SECONDED BY COUNCIL
MEMBER OLSEN, TO TERMINATE THE EMPLOYMENT OF POLICE
CAPTAIN /DEPUTY DIRECTOR BRIAN WILSON EFFECTIVE MARCH 3, 2010.
MOTION CARRIED. 5 -0.
ADJOURNMENT
MOTION BY COUNCIL MEMBER RICE, SECONDED BY COUNCIL MEMBER OLSEN, TO
ADJOURN THE REGULAR MEETING AT 9:16 P.M. MOTION CARRIED. 5 -0.
Respectfully submitted,
Caron M. Stransky
City Clerk