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HomeMy WebLinkAbout2010-03-03 MINUTES COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting March 3, 2010 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 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; 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 th 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 2 March 3, 2010 Regular Meeting 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 3 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 TH 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 4 March 3, 2010 Regular Meeting 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 5 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. th 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 6 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 7 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 tasers. 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. th 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. 11.PAY BILLS 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 8 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 Jen 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 9 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