Loading...
HomeMy WebLinkAbout2009-12-16 PACKET 03.B.COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting November 18, 2009 w: t , OPEN FORUM 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 Justin Olsen, Council Member Jan Peterson, and Council Member Pat Rice. The following were absent: None. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Brenda Paper, Financial Analyst; 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 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. 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 November 18, 2009 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 Justin Olsen, Council Member Jen Peterson, and Council Member Pat Rice. The following were absent: None. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Brenda Peper, Financial Analyst; 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. Cottage Grove City Council November 18, 2009 Regular Meeting Mayor Bailey presided over the meeting. 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 - None. 3. APPROVAL OF MINUTES A. October 7, 2009 Regular Meeting There being no amendments to the minutes, Mayor Bailey stated the minutes of the October 7, 2009 Regular Meeting stand approved as presented. B. October 21, 2009 Regular Meeting There being no amendments to the minutes, Mayor Bailey stated the minutes of the October 21, 2009 Regular Meeting stand approved as presented. CONSENT CALENDAR Council Member Rice pulled Item J from the consent calendar and thanked TSI Inc., for their donation of a PORTACOUNT 8038 fit testing machine valued at $12,000 to the Public Safety Department. MOTION BY COUNCIL MEMBER GROSSKLAUS, SECONDED BY COUNCIL MEMBER RICE, TO: A. ACCEPT AND PLACE ON FILE THE MINUTES OF THE: I. ECONOMIC DEVELOPMENT AUTHORITY MEETING OF OCTOBER 13, 2009; AND II. PLANNING COMMISSION MEETING OF SEPTEMBER 28, 2009. B. RECEIVE REPORT FROM ICE ARENA/RECREATION MANAGER ZAC DOCKTER ON THE MUNICIPAL POOL OPERATIONS DATED NOVEMBER 7, 2009. C. PASS ORDINANCE NO. 868 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING CHAPTER 5 OF THE COTTAGE GROVE CITY CODE AMENDING TITLE 1 -5 -13 REGARDING ELECTED OFFICIAL MEETINGS. D. APPROVE PURCHASE OF A NEW BELOS TRANS -GIANT MUNICIPAL UTILITY TRACTOR WITH ATTACHMENTS FROM SCHARBER & SONS, INC., FOR THE PUBLIC WORKS DEPARTMENT, STREET DIVISION, FOR $144,965.25 (INCLUDES SALES TAX). E. APPROVE THE NARCOTICS UNIT JOINT POWERS AGREEMENT AND AUTHORIZE EXECUTION OF THE AGREEMENT BETWEEN THE CITY OF Cottage Grove City Council November 18, 2009 Regular Meeting COTTAGE GROVE DEPARTMENT OF PUBLIC SAFETY AND WASHINGTON COUNTY AND AUTHORIZE THE DIRECTOR OF PUBLIC SAFETY, CRAIG WOOLERY TO EXECUTE SUCH AN AGREEMENT ON BEHALF OF THE COTTAGE GROVE PUBLIC SAFETY DEPARTMENT. F. ADOPT RESOLUTION NO. 2009 -191 A RESOLUTION ADOPTING CHANGES TO THE 2009 PAY PLAN AND BENEFITS FOR EMPLOYEES NOT COVERED BY A LABOR CONTRACT FOR THE CITY; ADDING THE POSITIONS OF COMMUNICATIONS COORDINATOR, HUMAN RESOURCES COORDINATOR, AND ECONOMIC DEVELOPMENT COORDINATOR. G. ADOPT RESOLUTION NO. 2009 -192 A RESOLUTION EXTENDING THE CONDITIONAL USE PERMIT FOR THE REDEVELOPMENT OF THE JAMAICA -BP GAS STATION ON THE CORNER OF JAMAICA AVENUE AND EAST POINT DOUGLAS ROAD, COTTAGE GROVE. H. AUTHORIZE STAFF TO FORWARD COMMENTS TO WASHINGTON COUNTY WITH REGARD TO THEIR DRAFT 2010 -2014 CAPITAL IMPROVEMENTS PROGRAM. APPROVE THE AMBULANCE BILLING CONTRACT WITH EXPERT T. BILLING, INC. FOR 2010 AND 2011. J. ADOPT RESOLUTION NO. 2009 -193 A RESOLUTION ACCEPTING DONATION OF A PORTACOUNT 8036 FIT TESTING EQUIPMENT FOR THE PUBLIC SAFETY DEPARTMENT VALUED AT $12,000. MOTION CARRIED. 5 -0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES None. 6. PUBLIC HEARINGS A. Hold Public Hearing on Conditional Use Permit Application of 3M to allow Excavation of Soil and Consider Approval of Conditional Use Permit Community Development Director Blin reviewed the application of 3M for a Conditional Use Permit to excavate approximately 19,000 cubic yards of soil from approximately two (2) acres of land located in the southeast corner of 3M Cottage Grove site described as areas D1 and D2 as proposed on the construction design documents prepared by TKDA and dated October 23, 2009, subject to compliance with seven (7) conditions outlined in the proposed resolution. Mayor Bailey opened the public hearing to hear comments and /or objections to the permit application. Mark Gates, 3M Project Manager, reviewed 3M's application for a grading plan noting there are two (2) key components to this application. The first is to mitigate Cottage Grove City Council November 18, 2009 Regular Meeting 4 any further discharges of PFC containing water to the Mississippi River. The second is the soil and sediment component of this project. Community Development Director Blin noted that the Planning Commission and the Environmental Task Force reviewed the application and recommend approval of the conditional use permit. Council Member Rice asked once you are done excavating, will it be capped in any way with clay so it is not water permeable? Mr. Gates responded that they are not going to install an engineering cap, they will get their final grading plan which provides for appropriate drainage to minimize how much water will infiltrate; however, the primary safeguard for the River is the groundwater extraction system. Within the disposal areas they will be removing the higher concentration materials which will increase or shorten the time for this material to be removed. He stated his primary removal will be the groundwater extraction system. Council Member Rice asked how many gallons per day that will be. Mr. Gates responded that they haven't determined that yet. The two extraction wells that they put in and did pump tests on were able to achieve pumping rates in the area of 800 gallons per minute sustained for 48 hours which showed continuing influence on a wider area along the bluff. That tells us that that those wells are able to pump at least 800 gallons a minute and more. Council Member Rice asked how deep the wells are going to be. Mr. Gates stated the wells range from 130 feet deep for the one highest on the bluff down to about 70 feet on the one closest to the east cove. Council Member Peterson asked whether there will be monitoring of the sandbar area, whether there will be monitoring of the water around that area to see what happens with all the stuff that is getting stirred up and sent down the River. Mr. Gates responded that they will continue to monitor the groundwater. There being no further comments, Mayor Bailey closed the public hearing. MOTION BY COUNCIL MEMBER GROSSKLAUS, SECONDED BY COUNCIL MEMBER RICE, TO ADOPT RESOLUTION NO. 2009 -194 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT TO EXCAVATE APPROXIMATELY 19,000 CUBIC YARDS OF SOIL FROM APPROXIMATELY TWO (2) ACRES OF LAND LOCATED IN THE SOUTHEAST CORNER OF THE 3M COTTAGE GROVE SITE. MOTION CARRIED. 5 -0. 7. BID AWARDS - None. 8. UNFINISHED AND NEW BUSINESS A. Consider Approving Application for Conditional Use Permit to Allow Installation of Electromagnetic Communications Facilities on City Property Community Development Director Blin reviewed the applications of FMHC Corporation for Conditional Use Permits to allow for the installation of antennas at the following five (5) locations: Cottage Grove City Council November 18, 2009 Regular Meeting 1. Water Tower at 6950 Meadow Grass Avenue South; 2. Water Tower at 6700 Inwood Avenue South; 3. Water Tower at 8193 Grange Blvd South; 4. Lattice Tower at 7516 80 Street South; and 5. Water Tower at 8520 81 Street South. Blin stated it is necessary to act on a separate resolution for each of the sites because they are site specific and run with the land. This is the first time the City has had five (5) antennas under one lease agreement. The Public Works Department has reviewed the conditional use permit application and they have worked pretty closely with the applicant to make sure that the antennas are located in a way that will not interfere with any of our water needs and maintenance of the towers. The Planning Commission reviewed the applications and recommend approval. Mayor Bailey stated the first resolution includes a variance to allow an equipment cabinet outside an enclosure and #5 says no outdoor storage is prohibited. He asked whether they are two separate conditions. Mayor Bailey asked what equipment will be outside. Community Development Director Blin presented a photograph which shows a piece of the equipment, a relatively small box that will sit adjacent to the tower and outside of the police garage. The alternative is to locate it inside the police garage but this will create maintenance issues getting into a secured area. Community Development Director Blin stated that the City has always required that the equipment buildings be constructed at the base of the towers. Staff is rethinking that requirement since it may be more obtrusive to have the small cabinets, so the Planning Commission will evaluate that in the next year or so. Mayor Bailey stated he is assuming that any wires that go up on the towers will be painted the same color as the water towers. Community Development Director Blin confirmed that the cables will be same color as the water tower. Council Member Grossklaus asked how many more antennas can our water towers handle? Justin Banworth representing the applicant, FMHC Corporation, stated the panels they are using are quite a bit smaller that your typical Verizon or AT &T provider. They are using four (4) foot panels where other vendors typically use six (6) foot panels. On most of the locations in Cottage Grove, they will have four (4) pieces of equipment - one (1) dish and three (3) panels installed. Public Works Director Burshten stated that every time a proposal is made it is always site specific as to whether or not there is additional room for antennas, towers or dishes. Council Member Rice asked what type of installation they are proposing. Mr. Banworth stated they are installing wireless internet. Clear Wire Communications is looking to come into large markets throughout the United States and offer high speed internet comparable to Comcast or Qwest. In terms of pricing, they are substantially lower than Comcast. Council Member Rice asked when do you anticipate having this Cottage Grove City Council c November 18, 2009 Regular Meeting V completed? Mr. Banworth stated their anticipated launch date is in November 2010 Council Member Olsen asked whether there would be any type of interference with cell phone signals and Mr. Banworth stated the equipment operates in the same fashion as the cell providers and are required by the City and the lease agreement to conduct an inter - modulation study. That would provide verification to Planning and Public Works that they are obligated to be free from interference. MOTION BY COUNCIL MEMBER RICE, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2009 -195 A RESOLUTION APPROVING APPLICATION OF FMHC CORPORATION FOR A CONDITIONAL USE PERMIT TO ALLOW INSTALLATION OF ANTENNAS ON THE WATER TOWER AT HIGHLAND PARK, 6700 INWOOD AVENUE SOUTH, COTTAGE GROVE. MOTION CARRIED. 5 -0. MOTION BY COUNCIL MEMBER GROSSKLAUS, SECONDED BY COUNCIL MEMBER RICE, TO ADOPT RESOLUTION NO. 2009 -196 A RESOLUTION APPROVING APPLICATION OF FMHC CORPORATION FOR A CONDITIONAL USE PERMIT TO ALLOW INSTALLATION OF ANTENNAS ON THE WATER TOWER AT 8520 81 ST STREET SOUTH, COTTAGE GROVE. MOTION CARRIED. 5 -0. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER OLSEN, TO ADOPT RESOLUTION NO. 2009 -197 A RESOLUTION APPROVING APPLICATION OF FMHC CORPORATION FOR A CONDITIONAL USE PERMIT TO ALLOW INSTALLATION OF ANTENNAS ON THE WATER TOWER AT 6950 MEADOW GRASS AVENUE SOUTH, COTTAGE GROVE. MOTION CARRIED. 5 -0. MOTION BY COUNCIL MEMBER RICE, SECONDED BY COUNCIL MEMBER GROSSKLAUS, TO ADOPT RESOLUTION NO. 2009 -198 A RESOLUTION APPROVING APPLICATION OF FMHC CORPORATION FOR A CONDITIONAL USE PERMIT TO ALLOW INSTALLATION OF ANTENNAS ON THE WATER TOWER AT 8193 GRANGE BLVD SOUTH, COTTAGE GROVE. MOTION CARRIED. 5 -0. Community Development Director Blin suggested that item 5 be removed from the proposed resolution which reads, "Outdoor storage is prohibited ". City Attorney Heine suggested that the Council leaving the condition but to modify it to state that "no outdoor storage of materials or equipment, other than the cabinet, would be allowed." MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER OLSEN, TO ADOPT RESOLUTION NO. 2009 -199 A RESOLUTION APPROVING APPLICATION OF FMHC CORPORATION FOR A CONDITIONAL USE PERMIT TO ALLOW ANTENNAS TO BE MOUNTED ON THE EXISTING LATTICE TOWER AT THE COTTAGE GROVE CITY HALL, 7516 80 STREET SOUTH, AND GRANTING A VARIANCE TO ALLOW THE EQUIPMENT CABINET TO BE LOCATED OUTSIDE A BUILDING, AS RECOMMENDED BY THE CITY Cottage Grove City Council -7 November 18, 2009 Regular Meeting f ATTORNEY. MOTION CARRIED. 5 -0. MOTION BY COUNCIL MEMBER RICE, SECONDED BY COUNCIL MEMBER GROSSKLAUS, TO ADOPT RESOLUTION NO. 2009-200 A RESOLUTION APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND FMHC CORPORATION, CONTINGENT UPON THE CITY ATTORNEY'S REVIEW AND APPROVAL. MOTION CARRIED. 5 -0. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS None. 10. COUNCIL COMMENTS AND REQUESTS Council Member Olsen asked Staff to submit information on the possibility of installing street lights along the Hardwood Avenue Corridor between 80 Street South and 70'' Street South. There have been a couple of residents who have brought to his attention that they have had deer and wild turkey cross the roadway. Mayor Bailey stated that there is an H1 N1 clinic immunization on Saturday and Public Safety Director Woolery stated the State Department of Health has released its initial batches of H1 N1, nasal mist, and the target group is forages 4 -9 year olds. All of the South Washington County students received a notice this past week and they will be provided from 9:00 AM to 12:00 PM at the Washington County South Service Center. There is no charge. Mayor Bailey announced the following upcoming events: Holiday Train Pancake Breakfast - Saturday, November 21 from 8:00 AM to 10:00 AM at Applebee's which includes all you can eat pancakes, eggs, bacon, and beverage, for $6.00 per person. With the purchase, you will be eligible to win a ride on the Holiday Train. Three (3) winners, with a guest, will be chosen. The proceeds will go toward the Friends in Need Food Shelf. Community Tree Lighting Ceremony at City Hall -Wednesday, December 2 nd at 6:00 PM. Music will be provided by the Park High choir, free hot beverages and cookies will be served Holiday Train - Saturday, December 12` at 5:30 PM near the Youth Service Bureau. 11. PAY BILLS MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE PAYMENT OF CHECK NUMBERS 164923 THROUGH 165100 TOTALING $481,259.18. (CHECK NUMBERS 164923 THROUGH 164946 TOTALING $156,193.74 WERE ISSUED PRIOR TO COUNCIL APPROVAL). MOTION CARRIED. 5 -0. 12. WORKSHOP SESSION - OPEN TO PUBLIC - None. 13. WORKSHOP SESSION - CLOSED TO PUBLIC - None. Cottage Grove City Council I p November 18, 2009 Regular Meeting ADJOURNMENT MOTION BY COUNCIL MEMBER RICE, SECONDED BY COUNCIL MEMBER GROSSKLAUS, TO ADJOURN THE REGULAR MEETING AT 8:12 P.M. MOTION CARRIED. 5 -0. Respectfully submitted, Caron M. Stransky City Clerk