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HomeMy WebLinkAbout2011-08-10 MINUTES COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting August 10, 2011 OPEN FORUM Mayor Pro Tem Olsen opened Open Forum at 7:15 p.m. and stated that during Open Forum, a person may address the City Council on subjects not a part of the regular meeting agenda, but must limit remarks to two (2) minutes per person. The purpose of Open Forum is to provide the public an opportunity to provide information or to 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. to the regular meeting. The following were present: Mayor Pro Tem Justin Olsen, Council Member Dave Thiede, Council Member Jen Peterson, and Council Member Derrick Lehrke. The following were absent: Mayor Myron Bailey. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Danette Parr, Economic Development Director; Corrine Heine, City Attorney-Kennedy & Graven; Craig Woolery, Public Safety Director; Jennifer Levitt, City Engineer; and Les Burshten, Public Works Director. Mayor Pro Tem Olsen 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. Gary Bloedel, 7540 Hillside Trail South, Cottage Grove, and Chair of Cottage Grove’s Beyond the Yellow Ribbon Network Committee, stated that the City would officially be proclaimed a Yellow Network Community by the Governor on August 23. Mayor Pro Tem Olsen thanked Mr. Bloedel and all the members who served on Beyond the Yellow Ribbon Network Committee. The City Council also thanked and recognized Ken Smith, Communications Coordinator for the City of Cottage Grove and Mary Slusser, 7772 Ivystone Avenue South, Cottage Grove for their participation. Pat Forsthye, 6935 Idsen Avenue South, Cottage Grove, and President of the Cottage Grove Lions Club, thanked the City of Cottage Grove for their annual donation towards their fireworks display. He asked the City Council for another donation in 2012. Mayor Pro Tem Olsen closed Open Forum to the Regular Meeting. CALL TO ORDER – Regular Meeting Cottage Grove City Council 2 August 10, 2011 Regular Meeting The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular th meeting on August 10, 2011 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 Derrick Lehrke, Council Member Justin Olsen, Council Member Jen Peterson, and Council Member Dave Thiede. The following were absent: None. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Danette Parr, Economic 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 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. PRESENTATIONS A. Residential and Commercial Green Garden Awards Mayor Bailey and members of the City Council presented the Residential Green Garden Award to Doug and Laurie Beckstrom and the Commercial Green Garden Award to All Saints Lutheran Church. 3. APPROVAL OF MINUTES A. May 18, 2011 Regular Meeting There being no amendments to the minutes, Mayor Bailey stated the minutes of the May 18, 2011 Regular Meeting stand approved as presented. 4. CONSENT CALENDAR The City Council pulled and briefly discussed items C, D, I, and M. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO: Cottage Grove City Council 3 August 10, 2011 Regular Meeting A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: i. ENVIRONMENTAL COMMISSION MEETING OF MAY 11, 2011 AND JUNE 8, 2011. ii. PLANNING COMMISSION MEETING OF JUNE 27, 2011. iii. PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION MEETING OF AUGUST 9, 2011 AND MAY 9, 2011. B. ADOPT RESOLUTION NO. 2011-101, A RESOLUTION ADOPTING THE “COTTAGE GROVE CHAMPION TREE REGISTRY” PROGRAM. C. ADOPT RESOLUTION NO. 2011-102, A RESOLUTION ACCEPTING A DONATION OF $500.00 FROM 3M COTTAGE GROVE ON BEHALF OF THE COTTAGE GROVE LIONS CLUB FOR THE INDEPENDENCE DAY FIREWORKS DISPLAY, AND AUTHORIZE STAFF TO SEND THE DONATION TO THE COTTAGE GROVE LIONS CLUB. D. AUTHORIZE STAFF TO PROCEED WITH REQUESTING PROPOSALS FOR SERVICE TO REMOVE UP TO 400 ASH TREES, AND TO REPLANT REPLACEMENT TREES IN ACCORDANCE TO THE EMERALD ASH BOER (EAB) MANAGEMENT PLAN. E. APPROVE CHANGE ORDER NO. 1 FOR A DEDUCT OF $4,940.00 TO THE WELL NO. 7 REHABILITATION PROJECT AND TO ADOPT RESOLUTION NO. 2011-103, A RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $3,865.25 TO KEYS WELL DRILLING COMPANY FOR THE WELL NO. 7 REHABILITATION PROJECT F. ADOPT RESOLUTION NO. 2011-104, A RESOLUTION APPROVING THE CONTRACT FOR REMOVAL AND INSTALLATION OF A NEW FUEL TANK AT FIRE STATION NO. 2 TO MINNESOTA PETROLEUM SERVICE IN THE AMOUNT OF $16,873.71. G. ADOPT RESOLUTION NO. 2011-105, A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ESTABLISHING A BID DATE OF SEPTEMBER 15, 2011 AT 11:00 A.M., FOR THE C-P6 WATER QUALITY IMPROVEMENT PROJECT. H. AUTHORIZE ISSUANCE OF A SINGLE-OCCASION GAMBLING PERMIT TO THE COTTAGE GROVE ELEMENTARY SCHOOL PTO INC., TO CONDUCT A RAFFLE ON OCTOBER 7, 2011, AT COTTAGE GROVE ELEMENTARY TH SCHOOL, 7447 65 STREET SOUTH, COTTAGE GROVE. I. APPROVE THE JOINT POWERS AGREEMENT BETWEEN THE WASHINGTON COUNTY SHERIFF’S OFFICE AND THE CITY OF COTTAGE GROVE FOR THE CODE RED MASS TELEPHONE NOTIFICATION SYSTEM AND TO AUTHORIZE EXECUTION OF THE AGREEMENT BY THE MAYOR, CITY ADMINISTRATOR, AND DIRECTOR OF PUBLIC SAFETY. J. ADOPT RESOLUTION NO. 2011-106, A RESOLUTION GRANTING A VARIANCE TO OFF-STREET PARKING REQUIREMENTS TO REDUCE THE Cottage Grove City Council 4 August 10, 2011 Regular Meeting NUMBER OF PARKING SPACES FROM 550 TO 480 FOR THE EXCAVATION OF BIO-RETENTION BASINS IN THE PARKING LOT AT TARGET STORE, 8655 EAST POINT DOUGLAS ROAD, COTTAGE GROVE. K. APPROVE THE REAPPOINTMENT OF GLEN BROWN, JAN JAPS, FRANCES RATZLAFF, AND JUDY SPOONER TO THE ADVISORY COMMITTEE ON HISTORIC PRESERVATION FOR TERMS TO EXPIRE FEBRUARY 28, 2013. L. TAKE NO ACTION TO REQUEST A REFERENDUM IN 2011 TO FUND A COMMUNITY CENTER. M. APPROVE THE APPOINTMENT OF RANDALL WEHRLE TO FULFILL AN UNEXPIRED TERM ON THE PLANNING COMMISSION FOR A TERM ENDING FEBRUARY 1, 2012 AND TO APPOINT MAUREEN VENTURA TO FULFILL AN UNEXPIRED TERM ON THE PLANNING COMMISSION FOR A TERM ENDING FEBRUARY 1, 2014. MOTIONCARRIED.5-0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES A. Received Response to July 20, 2011 Open Forum Question The City Council acknowledged receipt of the letter sent to Ms. Dale Andrews, 8430 Keats Avenue South, Cottage Grove, by Mayor Bailey in response to her request for an opportunity to fact check written statements surrounding the Public Safety/City Hall facility. No City Council action taken. 6. PUBLIC HEARINGS A. Hold Public Hearing and Consider Passing an Ordinance Amendment to Allow Vehicle Repair Uses as a Permitted Use with Conditions and Conditional Use with Conditions in the B-2, B-3, and P-B Districts. Senior Planner McCool reviewed the recommendation to pass an Ordinance relative to vehicle repair and auto body repair businesses in commercial zoning districts. Mayor Bailey opened the public hearing to receive comments and/or objections from the public. There being none, Mayor Bailey closed the public hearing. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO PASS ORDINANCE NO. 893, AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING TITLE 11, CHAPTER 1, SECTION 3; RULES OF WORD CONSTRUCTION; DEFINITION; TITLE 11, CHAPTER 10B, RETAIL BUSINESS DISTRICT; TITLE 11, CHAPTER 10C, GENERAL BUSINESS DISTRICT; AND TITLE 11, CHAPTER 10D, PLANNED BUSINESS DISTRICT OF THE CITY CODE, AND TO AMEND SECTION 11-10b- 2: PERMITTED USES, SUBSECTION 62, G TO READ: Cottage Grove City Council 5 August 10, 2011 Regular Meeting “A VEHICLE REPAIR USE NOT MEETING THESE CONDITIONS MUST OBTAIN A CONDITIONAL USE PERMIT FROM THE CITY; EXCEPT THAT VEHICLE REPAIR USES IN EXISTENCE AS OF JANUARY 1, 2011 AS AN ACCESSORY OR PRINCIPAL USE ARE PERMITTED IF THEY COMPLY WITH CLAUSES B, C, D, E, F, H, I AND J OF THIS PARAGRAPH 62 OF SECTION 11-10B-2 AND CLAUSES C AND L OF PARAGRAPH 20 OF SECTION 11-10B-4; SUCH USES WILL BE DEEMED LEGALLY NONCONFORMING WITH RESPECT TO ANY NONCOMPLIANCE WITH CLAUSES A AND K IN THIS PARAGRAPH 62”. MOTION CARRIED. 5-0. 7. BID AWARDS – None. 8. UNFINISHED AND NEW BUSINESS A. Consider Proceeding with the Renovation of the Highlands Park Building with an Award for a Total Construction Cost of $132,017. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER OLSEN, TO PROCEED WITH THE RENOVATION OF THE HIGHLANDS PARK BUILDING TOTALING $132,017, BROKEN DOWN AS FOLLOWS:  BID PACKAGE 2-EXCAVATIONS BY LARSON CONTRACTING TOTALING $5,200.00;  BID PACKAGE 4A-CONCRETE/MASONRY BY JOHNNY MASONRY TOTALING $26,920;  BID PACKAGE 6A-BUILDING MATERIALS BY LAMPERTS FOR $16,464;  BID PACKAGE 6D-CARPENTRY LABOR BY MAROUSHEK CUSTOM BUILDING TOTALING $22,750;  BID PACKAGE 7A-ROOFING BY TIMMERS ROOFING & SIDING TOTALING $2,506.00;  BID PACKAGE 7B-INSULATION BY INSULATION SERVICE TOTALING $2,372;  BID PACKAGE 8A-HOLLOW METAL BY TWIN CITY HARDWARE FOR $6,420;  BID PACKAGE 8B-ALUMINUM DOORS AND WINDOWS BY INDIANHEAD GLASS TOTALING $7,150;  BID PACKAGE 9A-DRYWALL BY MAROUSHEK CUSTOM BUILDING FOR $800;  BID PACKAGE 9B-CERAMIC TILE BY ERICK ALMENDINGER TOTALING $2,370.00;  BID PACKAGE 9C-FLOORING BY BECKER ARENA PRODUCTS TOTALING $4,995;  BID PACKAGE 9D-PAINTING AND STAINING BY KEN LORGE QUALITY PAINTING TOTALING $2,560;  BID PACKAGE 10A-TOILET ACCESSORIES BY TWIN CITY HARDWARE TOTALING $440;  BID PACKAGE 10B-TOILET PARTITIONS BY TWIN CITY HARDWARE TOTALING $2,800; Cottage Grove City Council 6 August 10, 2011 Regular Meeting  BID PACKAGE 15A-HVAC BY BINDER HEATING AND A/C TOTALING $6,200;  BID PACKAGE 15B-PLUMBING BY BRUCE NELSON PLUMBING TOTALING $13,000; AND  BID PACKAGE 16A-ELECTRICAL BY KELLER ELECTRIC BY $7,570. Mayor Bailey asked the City Clerk to conduct a roll call vote. COUNCIL MEMBER LEHRKE VOTED NAY; COUNCIL MEMBER OLSEN VOTED AYE; COUNCIL MEMBER PETERSON VOTED AYE; COUNCIL MEMBER THIEDE VOTED AYE; AND MAYOR BAILEY VOTED AYE. MOTION CARRIED. 4 AYE-1 NAY. B. Consider Passing an Ordinance Related to Procedures to call Special Meetings of the City Council. City Administrator Schroeder stated that the City Attorney Heine drafted an Ordinance amending Title 1-5-3 of the Cottage Grove City Code relating to procedures for calling special meetings of the City Council. The proposed ordinance would allow the Mayor to direct the City Administrator or City Clerk in writing (email) to schedule a special meeting or the City Administrator, with the consent of the Mayor and two (2) council members may schedule a special meeting. It would also require the City Clerk to provide notice of all special meetings in compliance with applicable laws. The proposed ordinance reaffirms the practice the City has been following in the past. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO PASS ORDINANCE NO. 894, AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING SECTION 1-5-3 OF THE COTTAGE GROVE CITY CODE; RELATING TO PROCEDURES FOR CALLING SPECIAL MEETINGS OF THE CITY COUNCIL. Mayor Bailey asked the City Clerk to conduct a roll call vote. COUNCIL MEMBER LEHRKE VOTED NAY; COUNCIL MEMBER OLSEN VOTED AYE; COUNCIL MEMBER PETERSON VOTED AYE; COUNCIL MEMBER THIEDE VOTED AYE; AND MAYOR BAILEY VOTED AYE. MOTION CARRIED. 4 AYE-1 NAY. C. Consider Approving Changes to the Advisory Commission Appointment Process Policy. The City Council reviewed the report included in the Agenda Packet on the Advisory Commission/Committee appointment process and the recommendation that at least two (2) applicants be interviewed for the EDA and Planning Commission and staff’s proposal to make several changes to the Advisory Commission/Committee appointment process. At least two (2) applicants would be interviewed for the EDA and the Planning Commission and that at least two (2) applicants be interviewed for other Commissions, but not required. At least one other person, other than the Council Liaison interview applicants and that Cottage Grove City Council 7 August 10, 2011 Regular Meeting Commissioners be reappointed if they are not term limited, have met attendance requirements, and have a desire to continue to serve. The recommendation also included language addressing how the Chair and Vice Chair of the each Commission is selected. City Administrator Schroeder noted that following item 11, there are two suggestions that Staff received that are not currently contained in the recommended draft policy. Those suggestions were:  Council Members would share notes of each interview, if taken, with other members of the City Council before a vote is taken on the recommendation of appointment by the Council Liaison.  Council Members will inform other members of the City Council the date, time, and location of each interview for Commission, Chair and/or Vice Chair appointments. Commission interviews are not public meetings; thus, no more than two City Council members, including the Council liaison, may sit in on interviews. City Administrator Schroeder stated that Staff is asking that the Council adopt the policy with or without one or both of the above two (2) additional recommendations. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE THE 11 ITEMS OUTLINED IN THE MEMORANDUM AS WELL AS THE TWO (2) ADDITIONAL ITEMS PROPOSED. Council Member Lehrke asked for clarification on what we are voting on. Mayor Bailey stated that we would be voting on items 1-11 as presented and that there would be a template of questions that could be used during each Commission interview. Council Member Peterson noted that the Human Services/Human Rights Commission already has a list of questions that they could share with the other Commissions and EDA. Mayor Bailey asked the City Clerk to conduct a roll call vote. COUNCIL MEMBER LEHRKE VOTE NAY; COUNCIL MEMBER OLSEN VOTED AYE; COUNCIL MEMBER PETERSON VOTED AYE; COUNCIL MEMBER THIEDE VOTED AYE; AND MAYOR BAILEY VOTED AYE. MOTION CARRIED. 4 AYE-1 NAY. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS – None. 10. COUNCIL COMMENTS AND REQUESTS Mayor Bailey announced that the City of Cottage Grove is becoming a Beyond the Yellow Ribbon community and he congratulated everyone who participated in the program. Cottage Grove City Council 8 August 10, 2011 Regular Meeting Mayor Bailey gave an update as it relates to the community center noting that the City Council discussed this topic prior to the regular meeting. He stated that there is a private entity, LA Fitness, coming to City of Cottage Grove very soon. Council Member Peterson stated that the Beyond the Yellow Ribbon is hosting a fundraiser at Von Hanson’s on August 13 and 14 and at the National Guard Armory on August 16. Council Member Olsen thanked the Public Safety Team and Staff in addition to all of the residents in the community who put together the Night to Unite event. Public Works Director Burshten stated that every two (2) years, his Department has a Public Works Open House and he asked the City Council to make note that this year it would be held on September 15 from 3:00 p.m. to 7:00 p.m. 11. PAY BILLS Council Member Thiede stated that as he was going through the bills and noticed the bill $25,770 to purchase desktop and laptop computers and asked if that was in the budget. Finance Director Roland responded that the items were budgeted. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE PAYMENT OF CHECK NUMBERS 172938 THROUGH 173129 TOTALING $962,700.93. CHECK NUMBERS 172938 THROUGH 172966 TOTALING $115,271.01 WERE ISSUED PRIOR TO COUNCIL APPROVAL. MOTION CARRIED. 5-0. City Attorney Heine stated that a closed session would be held after item 12, to discuss a pending lawsuit among the State of Minnesota, 3M Company, and the City of Lake Elmo. The purpose of the closed meeting would be for attorney-client discussion with the City Council, on the City’s options for possible intervention in that suit. Because it involves a discussion on strengths and weaknesses of the City’s case and other issues that would be damaging to have generally publicly known, there is a need for absolute confidentially. And by damaging, she meant damaging to the City’s position in litigation. Mayor Bailey temporary adjourned the regular meeting to a Workshop Session in the Conference Room A. 12. WORKSHOP SESSION – OPEN TO PUBLIC A. 2012 PAVEMENT MANAGEMENT PROJECT City Engineer Levitt highlighted the feasibility report for the 2012 Pavement Management Project which includes street improvements within Pine tree Pond nd rd East 2Addition and a portion of Pine tree Pond East 3 Addition (District C-1) stnd and Prestige Estates 1 and 2 Additions and Prestige Estates on the Park (District C-3) neighborhoods. C-1 District Cottage Grove City Council 9 August 10, 2011 Regular Meeting City Engineer Levitt stated that the improvements within this District include streets, sanitary sewer, water main, and storm sewer improvements. Relative to the deteriorated condition of the existing pavement and relatively good condition of the existing sub grade, the proposed rehabilitation method for the majority of the streets in District C-1 consists of full pavement removal and replacement with 3.5 th inches of new pavement. The only exception would be the collector streets, 75 th Street and Jeffery Avenue south of 75 Street. In this section, they propose to reclaim the existing pavement and gravel base to a depth of approximately 8- inches. The reclaimed material would then be salvaged, the sub grade would be excavated, and the salvaged reclaim material would then be re-spread and placed. The resultant reclaimed material would then be shaped and graded to allow for placement of pavement. City Engineer Levitt stated that the existing concrete and gutter has been evaluated. It is estimated that approximately 30% is in poor condition and would need to be removed and replaced. This is up considerably from the estimated 5% identified in the 1999 Pavement Management Project. In locations where curb is damaged in front of driveways, curb will be removed and replaced and each driveway would be patched with in-kind materials as a part of the street reconstruction process. City Engineer Levitt stated that if the City wished to look at full curb replacement for the entire C-1 area, it would result in approximately $475,000 in additional costs (includes 10% contingency and 30% indirect) and increase the assessment to each property owner by approximately $830. Various curb replacement strategies and associated costs are identified in the table below. The 1999 project is included for reference to illustrate the additional costs due to the pavement deterioration experienced over the past decade. Estimated Cost Impact Due to Curb Replacement Estimated Total Estimated Project Cost Assessment 1999* - 5% Curb Replacement $ 495,000.00 $1,639 2011 – 30% Curb Replacement $ 2,454,633.61 $ 3,585.51 2011 – 100% Curb Replacement $ 2,993,783.65 $ 4,504.51 2011 – 100% Curb Replacement & Aprons $ 3,139,214.65 $ 4,753.41 City Engineer Levitt stated that the proposed improvements in District C-3 also include sanitary sewer, water main, storm sewer, and storm water quality improvements. The City Council then discussed the amount of curb and gutter that has been damaged since 1999 when approximately 5% of the curb and right now we are at about 30% for an assessment totaling approximately $3,500. At 100% curb replacement, the assessment would increase by about $990 to $4,500. City Engineer Levitt stated that her first question for the City Council was what your thoughts with these numbers are. In 2008 the PM with reclamation and spot curb replacement, the benefit appraisal was around $4,200. The Council at that Cottage Grove City Council 10 August 10, 2011 Regular Meeting time had decided to cap the assessment at $3,500 due to some water main replacement work that made people a little bit nervous. The final assessment for the 2008 project totaled $2,122 per parcel. Council Member Thiede asked whether it would work to have the homeowner be able to say whether they want their curb replaced or a driveway apron installed but a higher amount would be assessed. Finance Director Roland stated that administratively it would be difficult to track. Mayor Bailey suggested hosting a neighborhood meeting to talk to the residents about installing curb and gutter 100% throughout the neighborhood and ask whether they would like to be given the option to install concrete driveway aprons. Council Member Olsen asked City Engineer Levitt, what she would recommend, 30% or 100% curb replacement. She stated that in this situation, she would recommend going with the 100% curb replacement option. Council Member Lehrke asked if we can do driveway aprons and 30% of the curbs. City Engineer Levitt responded no. Council Member Olsen stated that it would be wise to defer to the experts and if that opinion is the 100% curb replacement then that is what we should do. Finance Director Roland commented that in order to get an accurate estimate from our appraiser, we need some type of consensus at this time. Council Member Thiede stated that if you are saying that there are definitely flow benefits and structural benefits to do 100% of the curbing, then it should be done to achieve better infrastructure. City Engineer Levitt stated that our feasibility report should reflect more emphasis on the 100%. Council Member Olsen asked City Engineer Levitt to tell us why this project did not happen in 1999. City Engineer Levitt explained that the City Council did not order the project due to opposition from the neighborhood about the $1,600 assessment. Council Member Lehrke stated that he was not convinced on either one but would probably lean more towards 30%. Council Member Olsen stated she is good with the 100% curb replacement. C-3 Project City Engineer Levitt turned discussion back to area C-3 stating that for some reason, we are getting water penetration and we are getting stripping at varying depths. She stated that at this point, staff dies not thinking that a mill and overlay project would work. She suggested delaying the project for awhile so they can analyze the situation. Cottage Grove City Council 11 August 10, 2011 Regular Meeting Mayor Bailey asked City Engineer Levitt what was causing that to occur? City Engineer Levitt stated that the State was looking into it right it and there are some studies being done to try to figure out what was happening. Kingston Park City Engineer Levitt stated that as we have done with other pavement management projects, parks within the district typically receive upgrades. Therefore, several new improvements are proposed for the Kingston Park. The proposed improvements include parking lots and drive access; trails; and accessory items. Storm Water Quality. The City is in discussions with the South Washington Watershed District (SWWD) regarding financially partnering to implement water quality improvements, as well as the installation of an emergency overflow box th culvert under 80 Street. The City Council briefly discussed the funding sources and the priorities of the proposed project. City Administrator Schroeder stated that the parking lot and the driveway would have to be done. The rest would be nice, particularly if we could leverage other project funds such as from the Watershed District. City Engineer Levitt stated that trail segment #1, the parking lot, and the access road would probably be his top three (3) priority items. City Engineer Levitt stated that proceeding with all of the park improvements would cost about $653,000. Mayor Bailey stated that the recommendation was that we reclaiming the driveway and the parking lot put in the trail along the north side of the park, and the watershed trail. Council Member Olsen stated that from the perspective of efficiencies, you are out there working on one, two and three. You are out there working on Kingston Park’s parking lot, wouldn’t it more efficient to just do everything versus waiting for another x number of years. City Engineer Levitt stated that it could go either way noting that there is the disturbance factor. We will be doing another pavement management project north of Indian Boulevard so we could complete Segment 2 and 3 at that time. Mayor Bailey stated that you have to do the drive, reclaim the parking lot, redo the trail and the west central ravine trail and leave the rest for now. City Engineer Levitt asked the City Council if they would like us to hold the neighborhood meeting prior to the feasibility report coming to the City Council or afterwards Cottage Grove City Council 12 August 10, 2011 Regular Meeting Council Member Thiede stated he would like to hold the neighborhood meeting before receiving the final feasibility report. 13. WORKSHOP SESSION – CLOSED TO PUBLIC – None. A. Potential Lawsuit City Attorney Heine reiterated that there is a pending lawsuit between the State of Minnesota, 3M Company and the City of Lake Elmo. The purpose of the closed meeting is to discuss with the City, the City’s options for possible intervention in a lawsuit and because it involves a discussion on strengths and weaknesses of the City’s case and other issues that would be damaging to have generally publicly known, there is a need for absolute confidentially. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO CLOSE THE MEETING. MOTION CARRIED. 5-0. The following were present: Mayor Myron Bailey, Council Member Derrick Lehrke, Council Member Justin Olsen, Council Member Jen Peterson, and Council Member Dave Thiede. The following were absent: None. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Corrine Heine, City Attorney-Kennedy & Graven; Jennifer Levitt, City Engineer; and Les Burshten, Public Works Director. Pursuant to the open meeting law, there was attorney/client discussion with the City Attorney, Corrine Heine, Kennedy & Graven, on a potential lawsuit between the State of Minnesota, 3M Company and the City of Lake Elmo. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO ADJOURN THE CLOSED SESSION AND RECONVENE THE REGULAR MEETING. MOTION CARRIED. 5-0. ADJOURNMENT MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADJOURN THE REGULAR MEETING AT 11:00 P.M. MOTION CARRIED. 5-0. Respectfully submitted, Caron M. Stransky City Clerk