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HomeMy WebLinkAbout2011-06-01 PACKET 03.B.COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting April 6, 2011 OPEN FORUM Mayor Myron Bailey opened Open Forum at 7:15 p.m., and stated that during Open Forum person may address the City Council on subjects that are not a part of the regular meeting agenda, but must limit remarks to two (2) minutes. The purpose of open forum is to provide the public the opportunity to provide information to or request action by the City Council. It may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Open Forum will adjourn to the regular meeting promptly at 7:30 p.m. The following were present: Mayor Myron Bailey, Council Member Dave Thiede, Council member Derrick Lehrke, 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; Jennifer Levitt, City Engineer; Corrine Heine, City Attorney - Kennedy & Graven; Bob Byerly, Deputy Public Safety Director /Fire Chief; and Les Burshten, Public Works Director. Mayor Bailey asked if anyone in the audience wished to address the City Council on any topic not on the agenda. Kathy Lewandoski, 9043 75` Street South, Cottage Grove, commented that the South Washington County Cable Telecommunications Commission denied her request to air a DVD. Mayor Bailey stated that the City of Cottage Grove does not have authority over what the South Washington County Cable Telecommunications Commission airs. He stated that he and the City Council received an email from the Administrator of the South Washington County Cable Telecommunications Commission requesting that he read aloud the following statement for the official record: The South Washington County Telecommunications Commission (Commission) has never operated a public access channel. Channel 14 is a community- access channel with community standards and the Commission controls what is shown on the channel. The first amendment right does not apply. Presently the Commission, along with its attorney, is in the process of reviewing Channel 14 programming and standards and Channel 14 is playing religious programming only. On page 31 of the Franchise, it clearly states, "The Commission shall have the right to rename, reprogram, or otherwise Cottage Grove City Council April 6, 2011 Regular Meeting I 2 change the use of these channels at any time, in its sole discretion, provided such use is non - commercial and public, educational, governmental or religious in nature." There being no further comments from anyone in the audience, 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 April 6, 2011, at the Cottage Grove City Hall located at 7516 80 Street South, Cottage Grove. Mayor Myron Bailey called the meeting to order at 7:30 p.m. PLEDGE OF ALLEGIANCE Mayor Bailey led the audience, staff, and City Council Members in the pledge of allegiance to the flag of the United States of America. ROLL CALL The following were present: Mayor Myron Bailey, Council Member Dave Thiede, Council member Derrick Lehrke, 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; Jennifer Levitt, City Engineer; Corrine Heine, City Attorney - Kennedy & Graven; Bob Byerly, Deputy Public Safety Director /Fire Chief; and Les Burshten, Public Works Director. Mayor Bailey presided over the meeting. 1. ADOPTION OF AGENDA MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 5 -0. 2. PRESENTATION Cottage Grove City Council April 6, 2011 Regular Meeting 13 A. Eagle Scout Award The Mayor and City Council Members presented a plaque to Daniel Wright of Boy Scout Troop 55 for achieving his Eagle Scout Award. B. USPS Presentation on Facility Plans Gary Mattox of the United States Postal Service (USPS) stated that the Postal Service would be pursuing the sale and relocation of the Cottage Grove Post Office located at 7130 East Point Douglas Road, Cottage Grove, and to consolidate operations with the Carrier Annex on 95 Street within the Cottage Grove Industrial Park. Mr. Mattox stated he was also here to listen to any concerns that the City Council or public might have about their plans. Ken Brittain, 9630 78 Street South, Cottage Grove, stated that at the Woodbury Post Office, they have an ATM -type machine where you can mail packages 24 -hours per day and he suggested locating one in Cottage Grove. Margaret Campbell of the USPS stated that Mr. Brittain was talking about an Automated Postal Center (APC), which is placed at locations based on revenue and noted that Cottage Grove has not reached the point where we would qualify for an APC. With an APC, the post office lobby would be open 24 hours per day and would allow individuals to purchase stamps, mail a package by express /certified mail at the machine. She stated that due to lack of funding, the USPS could not place one in Cottage Grove. Majel Carroll, 8100 Ivywood Avenue South, Cottage Grove, questioned whether they could tell how many people who use the APC in Woodbury were from the City of Cottage Grove. Ms. Campbell noted that was not possible. Mr. Mattox stated that today opens a 60 -day comment period and he encouraged the City and public to send in their comments and /or concerns about their plan to close the USPS. C. MSA System Overview City Engineer Levitt provided a brief overview of the MSA (Municipal State Aid) Program, covering the mission statement, eligibility requirements, funding sources and distributions, and annual requirements. Cottage Grove City Council April 6, 2011 Regular Meeting 14 3. APPROVAL OF MINUTES A. March 2, 2011 Special Meeting There being no amendments to the minutes, Mayor Bailey stated the minutes of the March 2, 2011 Special Meeting stand approved as presented. B. March 2, 2011 Regular Meeting There being no amendments to the minutes, Mayor Bailey stated the minutes of the March 2, 2011 Regular Meeting stand approved as presented. C. March 16, 2011 Special Meeting There being no amendments to the minutes, Mayor Bailey stated the minutes of the March 16, 2011 Regular Meeting stand approved as presented. D. March 16, 2011 Regular Meeting There being no amendments to the minutes, Mayor Bailey stated the minutes of the March 16, 2011 Regular Meeting stand approved as presented. 4. CONSENT CALENDAR The City Council pulled and briefly discussed items E and G for discussion purposes. MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER OLSEN, TO: A. ACCEPT AND PLACE ON FILE THE MINUTES OF FEBRUARY 28, 2011 PLANNING COMMISSION MEETING. B. ADOPT RESOLUTION NO. 2011 -038 A RESOLUTION APPROVING FINAL PAYMENT FOR $3,953.00, TO PEOPLE'S ELECTRIC COMPANY FOR THE WELL NO. 7 REHABILITATION ELECTRICAL WORK PROJECT. C. AUTHORIZE THE PURCHASE OF 40,000 POUNDS OF CRAFTCO 535 HOT POUR CRACK SEALANT FROM BROCK WHITE COMPANY AT $0.475 PER POUND, PLUS SALES TAX, OR $19,000. Cottage Grove City Council April 6, 2011 Regular Meeting r j D. ADOPT RESOLUTION NO. 2011 -039 A RESOLUTION APPROVING FINAL PAYMENT FOR $6,997.47 TO BECKER ARENA PRODUCTS, INC., FOR THE COTTAGE GROVE ICE ARENA (BP -3 /DIVISION 20). E. APPROVE CHANGE ORDER NO. 3 FOR $5,182.70 TO BECKER ARENA PRODUCTS, INC., FOR THE COTTAGE GROVE ICE ARENA (BP -3/ DIVISION 3). F. APPROVE THE APPOINTMENT OF BRIAN TREBER AS CHAIR OF THE PLANNING COMMISSION AND PAUL PONCIN AS CHAIR OF THE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION, FOR THE PERIOD ENDING FEBRUARY 29, 2012. G. PULLED FROM CONSENT CALENDAR FOR SEPARATE COUNCIL ACTION. H. APPROVE THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND WOLTERSTORFF L.P. AND THE CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE WATERS AT MICHAEL'S POINT PROJECT. MOTION CARRIED. 5 -0. Patrick Lynch of Rivertown Electric, Hastings, stated that the City failed to provide fairness to all bidders and the bid specifications and process had inconsistencies. He stated that he suggested that the City provide information to all bidders by way of an addendum but the City ignored his request. Mr. Lynch requested that the City re -bid the project. Council Member Thiede asked for the name of the grant. Mr. Lynch stated that the grant was through the United States Department of Energy and administered through the Minnesota Department of Commerce. City Engineer Levitt commented that she checked the references provided by the low bidder, Premium Electrical, and all information received was positive. The low bidder was willing to stand by their quotation and move forward with no issues. Council Member Thiede stated that he received information that there may be an issue with the grant and asked if we proceed and vote on this tonight, what would be the risk associated with the grant money and if we do not receive the grant, how much money does that represent? Cottage Grove City Council April 6, 2011 Regular Meeting I 6 City Engineer Levitt stated that the name of the grant is the Energy Efficiency and Conservation Block Grant. City Attorney Heine commented that the grant totals $54,196 or 48.354% of the actual eligible costs. City Attorney Heine suggested that the City Council award the contract tonight to the low bidder, contingent upon verification by the City Engineer that the Minnesota Department of Commerce had no problem with the process and that it would not jeopardize the grant funds. If they have no problem, then staff would enter into a contract. If there is a problem then the direction would be to obtain new quotations. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER LEHRKE, TO TABLE THIS MATTER TO GIVE THE CITY ATTORNEY AND CITY ENGINEER TIME TO GATHER ADDITIONAL INFORMATION. COUNCIL MEMBER OLSEN TO AMEND HIS MOTION TO AUTHORIZE CITY STAFF TO OBTAIN NEW QUOTATIONS IF IT IS THE RECOMMENDATION OF THE MINNESOTA DEPARTMENT OF COMMERCE RATHER THAN TO WAIT FOR THE NEXT CITY COUNCIL MEETING. THERE WAS NO SECOND. MOTION FAILED. City Attorney Heine suggested that the City Council vote on a separate motion to direct staff to obtain new quotations if deemed necessary based on the outcome of staff research. UPON VOTE BEING TAKEN ON THE ORIGINAL MOTION, MOTION CARRIED. 5 -0. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO DIRECT STAFF TO PROCEED TO OBTAIN NEW QUOTATIONS IF DEEMED NECESSARY BASED ON THE OUTCOME OF STAFF RESEARCH. MOTION CARRIED. 5 -0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES - None. 6. PUBLIC HEARINGS — None. 7. BID AWARDS Cottage Grove City Council April 6, 2011 Regular Meeting I 7 A. Consider Awarding the Contract for the 2011 Sealcoat Program MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2011 -040 A RESOLUTION AWARDING BID FOR THE 2011 SEAL COAT PROGRAM TO PEARSON BROTHERS, INC., FOR $421,442.65. MOTION CARRIED. 5 -0. B. Consider Awarding the Contract for the Bridge L8159 (Grey Cloud Island) Pack Rust Removal and Spot Painting Proiect MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO ADOPT RESOLUTION NO. 2011 -041 A RESOLUTION AWARDING BID FOR BRIDGE L8159 PACK RUST REMOVAL AND SPOT PAINTING PROJECT TO TMI COATINGS, INC FOR $58,500.00. MOTION CARRIED. 5 -0. 8. UNFINISHED AND NEW BUSINESS A. Consider Authorizing Wold Architects to Begin the Construction Phase of the Public Safety /City Hall (PSCH) Project John McNamara reviewed the design development phase, construction cost estimates, and a schedule for the next phase of the project. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO AUTHORIZE WOLD ARCHITECT TO BEGIN THE CONSTRUCTION DOCUMENT PHASE OF THE PUBLIC SAFETY /CITY HALL (PSCH) PROJECT WORK PLAN. Mayor Bailey opened the meeting to receive comments from those in the audience and asked each person to limit their remarks to two (2) minutes. The following individuals provided commentary on the Public Safety /City Hall facility's construction costs, financing options and funding sources, a referendum, architectural costs, and the unsafe condition of the existing building: Leland Mann, 8888 Greene Avenue South, Cottage Grove; Brian Hagen, 8026 Hyde Avenue South, Cottage Grove; Kathy Lewandowski, 904375 th Street South, Cottage Grove; Todd Chambliss, 6184 Summit Curve South, Cottage Grove; Daniel Zwakman, 8354 Hemingway Avenue Cottage Grove City Council April 6, 2011 Regular Meeting 18 South, Cottage Grove; Linda Lehrke, 8186 Hemingway Avenue South, Cottage Grove; Majel Carroll, 8100 Ivywood Avenue South, Cottage Grove; and Myra Peterson, 8284 Indian Blvd South, Cottage Grove. Council Member Lehrke stated that he would like to put together a list of his concerns. He asked to City Council to let him know if there were things that the City Council thinks are not be true, to please email that information to him and he would be happy to address them. Council Member Lehrke then highlighted information he found on the City's housing vacancy rate, census data, and population estimates from the Metropolitan Council. Council Member Thiede stated that he has a background in engineering and knowledge of design standards, noting that there are quite a few design standards to follow. Mr. McNamara stated that one of the guiding principles that they presented to City Council back at the beginning of the design development phase of the project, was to have a flexible, open work environment to maintain a high level of efficiency within the building. Council Member Lehrke questioned whether we would be moving some of the existing furniture to the new building. Mr. McNamara stated that some of the chairs and file cabinets could be utilized in the new facility. Council Member Lehrke commented that people who lose their home still paying taxes. He also commented on the population estimates from the Metropolitan Council. City Engineer Levitt stated that according to the City's Comprehensive Plan, in 2010 there was a projected population of 36,000; in 2020, 45,400; and in 2030, 53,000, Council Member Peterson stated that the census participation response rate for the City of Cottage Grove was approximately 87% so that may account for the difference between the Metropolitan Council's population estimate for 2010 and the census. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON. TO CALL FOR THE QUESTION. MOTION CARRIED. 5 -0. UPON VOTE BEING TAKEN ON THE ORIGINAL MOTION, MOTION CARRIED. 4 -1 (COUNCIL MEMBER LEHRKE VOTED NAY). Cottage Grove City Council April 6, 2011 Regular Meeting 9 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS 10 COUNCIL COMMENTS AND REQUESTS Majel Carroll invited the public to attend their annual "Soup -er Bowl" fundraiser on April 30, 2011, at Park Grove Bowling Lanes in St. Paul Park. Mayor Bailey highlighted the following events: Spring Clean -Up; Beyond the Yellow Ribbon designation, and the public service award from the Cottage Grove Area Chamber of Commerce. Council member Olsen stated there would be some great bands scheduled to play at this year's Strawberry Fast, the new Ambassador Program, Arbor Day, and a residential shredding event. Council Member Peterson noted that the next Beyond the Yellow Ribbon meeting is April 19 with a fundraiser on May 22. Council Member Lehrke stated he would like to hold a workshop session to discuss the financing for the new Public Safety City Hall facility. Council Member Peterson asked the public to watch for kids as they drive around who will be out on bicycles and rollerblades noting that some of the kids may be s little rusty with their stopping skills. M PAY BILLS MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE PAYMENT OF CHECK NUMBERS 171241 TO 171482 TOTALING $507,463.59. CHECK NUMBERS 171241 THROUGH 171288 TOTALING $218,640.84 ISSUED PRIOR TO COUNCIL APPROVAL. MOTION CARRIED. 5 -0. City Attorney Heine stated that there is a pending lawsuit brought by the State of Minnesota against 3M Companies related to ground water contamination and noted that the City of Lake Elmo has intervened in that lawsuit. She stated that she has requested an opportunity to meet with the City Council to discuss whether the City of Cottage Grove would also like to intervene in that lawsuit. Because she will be discussing pending litigation and the pros and cons related to the litigation, there is a need for absolute confidentiality, and for that reason, she has requested that there be a closed session. Cottage Grove City Council April 6, 2011 Regular Meeting 110 12. WORKSHOP SESSION — OPEN TO PUBLIC — None. 13. WORKSHOP SESSION — CLOSED TO PUBLIC MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY PETERSON, TO CLOSE THE WORKSHOP SESSION. MOTION CARRIED. 5 -0. The following were present: Mayor Myron Bailey, Council Member Jen Peterson, Council Member Dave Thiede, Council Member Derrick Lehrke, and Council Member Justin Olsen. Also Present: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Corrine Heine, City Attorney- Kennedy & Graven; Howard Blin, Community Development Director; Jennifer Levitt, City Engineer; and Les Burshten, Public Works Director. The City Council met in closed session to meet with the Corrine Heine, City Attorney, to discuss attorney - client privileged information relating to potential litigation with 3M Company. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADJOURN THE CLOSED SESSION AND RECONVENE THE REGULAR MEETING. MOTION CARRIED. 5 -0. ADJOURNMENT MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO ADJOURN THE REGULAR MEETING AT 11:24 P.M. MOTION CARRIED. 5 -0. Prepared by, Caron M. Stransky City Clerk