HomeMy WebLinkAbout2011-04-06 MINUTESyr .,o-�
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COTT�GE GRt��/E CITY CC�t1�VGtL
City of Cottage Grove, Minnesota
Regular Meeting
Apri! 6, 2011
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Mayor Myron Bailey opened Open Forum at 7:15 p.m., and stated that during Open Forurr
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 apen forum is to
prpvide the public the oppartunity to provide 'snformation to or request action by the City
Council. It may not be used to make persanaf attacks, to air personality grievances, to
make political endorsements, ar for politicai campaign purposes. Open Forum wi(I ad}"ourn
to the regular meeting promptly at 7:34 p.m.
The fallawing v;�ere present: Mayor MS�ron Bailey, Gauncil Member Dave Thiede, Counc's{
member Derrick �ehrka, Cour�cil member Jen Peterson, and Councii Member Justin
Olsen.
T1�e following were absent: None.
Also presenf were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin
Roland, Finance Director; Jennifer Levitt, City Engineer; Corrine Neine, City Attorney-
Kennedy & Graven; Bob Byerly, Deputy Public Safety Director/Fire Chief; and Les
Burshten, Pubiic Works Director.
Mayar Bai(ey asked if anyone in the audience wished to address the City Cour�ciE on any
topic nat on the agenda.
Kathy L.ewandoski, 9043 75 Street Sauth, Cottage Grove, commented that the Sauth
Washington County Cable Telecorrsmunications Commission denied her request to air a
DVD.
Mayor Bai(ey stated that the Gity of Gotfage Grove does not have authority over what fhe
South Washington County Cabie Telecommunications Commission airs. He stated that he
and the City Council received an email from the Administrator of tf�e South Washington
County Cable Telecommunications Commission requesting that he read aloud the
foliowing statement for the officiai record:
The Soufh Washrngton Counfy Telecommunicafions Cammission
(Cammission) has never operated a pubtic eccess chenna;. Channef 94 is a
community-access channeJ with community sfandards and the Commission
cantrnis whaf is shown on fhe channel. THe first amendment right daes not
appiy. Presenfly the Comrrrission, aJang with rfs attorney, is rn the process of
reviswing Channet 94 programming and standards and Channel 14 is pJaying
religious programming oniy. On page 31 of the Franchise, if c%arty states,
"The Commission shatt have the righf to rer�ame, reprogram, or otherwise
Cottage Grove City Council I�
April 6, 2011 Regular Meeting ,
change fhe use of fhese channels at any time, in its so/e discretion, provided
such use is non-commercia! and public, educationaf, governmental or religious
in nature."
There being no further camments from anyane in the audience, Mayor Bailey closed Open
Forum ta the Reguiar Meeting.
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The City Council af the City of Cattage Grove, Washington County, Minnesata, held a
Reguiar Meeting on April 6, 2011, at fha Cottage Grave City Nall loca#ed at 7516 80�'
Street South, Cotfage Grove. Mayor Myron Baikey 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 a(iegiance
to t[�e flag of the United States of America.
ROLL CALL
The follawing were presenf: Mayar Myrnn Bailey, Council Member dave Thiede, Council
member Derrick Lehrke, Council member Jen Peferson, and Council Member Justin
Q(sen.
Ths fo!lowing were absent: None.
Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Gleric; Robin
Roland, Finance Director; Jennifer Levitt, City Engineer; Corrine Heine, Cify Attorney-
Kennedy & Graven; Bob Byerly, Deputy Public Safety Director/Fire Chief; and Les
Surshten, Public Works Direcfor.
Mayor Bailey presided over �i�e meeting.
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MOTION BY COUNCfL MEMBER 0�8EN, SECONdEd BY CC}UNCIL MEMBER
THIEdE, TO APPROVE THE AGENDA AS PRE5ENTEfl. M4TIflN CARRIEQ. 5-0.
2 PRESENTATIOI�
Cottage Grove City Council
Apri16, 2011 Regular Meeting 3
A. Eaqle 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 Facifitv Plans
Gary Mattox of the United States Pastal Service (USPS) stated that the
Postal Service would be pursuing the sale and relocation of the Ca#tage
Grove Post Office located at 7130 East Point Douglas Roac[, Cottage Grove,
and to consalidate operations with the Carrier Annex on 95�' Street within the
Cottage Grove Industrial Park. Mr. Mattox stated he was afso here ta lisfien to
any concerns that the City Council or pub(ic might have ahout their plans.
Ken Britfain, 963q 78 Street Sauth, Cottage Grove, stated that at the
Woodbury Post Office, they have an ATM-type machine where you can maii
packages 24-hours per day and he suggesfed locating one in Cottage Grove.
Margaret Campbel! of the USPS stated fhat Mr. Brittain was talking about an
Automated Postal Center (APC), which is placed at locations based on
revenue and noted tha# Gottage Grove has nat reached the paint where we
would quaiify for an APC. With an APC, the post office iobby wou{d be open
24 hours per day and wouid a€(ow individuals to purchase stamps, mai( a
package by express/certified mail at the machine. She stated that due to lack
af funding, the USPS cauld not piace one in Cottage Grove.
Majsl Carroll, 8100 lvywood Avenue South, Cottage Grove, questianed
whether they cauld tell how many people who use the APC in Woodbury were
from the Cify of Cottage Grnve. Ms. Campbell noted that was not passible.
Mr. Evla#tox stated that today opens a 60-day comment perfod and he
encouraged tha City and public to send in their comments and/or concerns
about their plan to close the U�PS.
C. MSA Svstem Qverview
City Engineer LevitE provided a brief overview of fhe MSA (Municipal State
Aid) Pragrar�r, covering ti��e mission statement, eligibiiify requiremer�ts,
funding sources and distributions, and annual requirements.
Cattage Grove City Council
Aprii 6, 2011 Regular Meeting �
3. APPF20VAL C}F MINtJTES
A. March 2 2011 Specia( Meetinq.
There being no amendments to the minutes, Mayor Bailey stafed the
minutes of the March 2, 2011 Speciaf Meeting stand approved as presented.
B. March 2 2011 Reqular Meefinq.
Thsre 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, 2411 Special Meetinq.
There being no amendments to the minutes, Mayor Bailey stated the
minuies of the March 16, 2011 Regular Meeting stand approved as
presented.
D. March 46, 2011 Reqular Meetinq.
7h�re being no amendments to the minutes, Mayor Bai(ey stated the
minutes af the March '(6, 2011 Regular Meeting stand approved as
presented.
4. COR[SENT GALENDAR
The City Gouncil puiled and briefly discussed items E and G for discussian
purposas.
MOTION BY GC3UNClL MEMBER LEHRKE, SEGONDED BY COUNCI� MEMBER
OLSEN, TO:
A. ACCEPT AND P�ACE ON FfLE TNE (vtiNUTES OF FESRUAF2Y 28, 2011
PLANNING COMMISSION itt�EETING.
B. ADOF'1' RESOLUTION NO. 2011-038, A RESOLUTION APPROVING FINAL
PAYMENT FOR $3,953.00, TO PEOPLE'S ELECTRIC COMPANY FQR
THE V'JcLL NO. 7 ftEHR�ILlTATIC7f� ELECTR(CAL WORK PROJECT.
C. AUTHORIZE THE PURGHASE (7F 4Q,Qd0 POUNDS QF CRAFTCt} S35
HOT POUR CRACVC SER�ANT FRQM BRQCK W HlTE COMPANY AT
$0.475 PER POUND, PLUS SA�ES TAX, OR $19,000.
Cottage Grove City Council
April 6, 2011 Regular Meefing �
D. ADflPT RESOLUTI�N NO. 2011-039, A RESOLUTION APPRC�VING FINA�
PAYMENT FOR $6,997.47 TO BECKER ARENA PRODUCTS, INC., FOR
THE CQTTRGE GROVE iCE ARENA (BP-3/DlVISION 20).
E. APPROVE CNANGE ORDER NO. 3 FOR $5,182.70 TC? BECKER ARENA
PRODUCTS, INC., FOR THE COTTAGE GROVE ICE ARENA (BP-3/
DIVISION 3).
F. APPROVE THE APPOINTMENT OF BRIAN TREBER AS CHA(R OF THE
PLANNING COMMlSSION ANQ PAUL PONCIN AS CHAIR dF THE
PARKS, RECREATION, AND NATURAL RESOURCES COMMfSSIC}N,
FOR THE PERfOD ENDING FEBRUARY 29, 2012.
G. PU�LEd FROM CONSENT CALENDAR FOR SEPARATE COUNCIL
ACTION.
H. APPROVE THE DEVELOPMENT AGREEMENT BETWEERf THE CITY 0�
COTTAGE GR�VE AND WOLTERSTORFF L.P. AND THE
CONSTRUCTION PLANS AND SPECIFfGATIONS FbR THE WATEftS AT
MICHAEL'S POfNT PROJECT.
MOTION CARRIEd. 5-Q.
Patrick Lynch af FZivertawn Electric, Hastings, stated that #he City fiailed to
pravicie fairness to all bidders and the bid specificafions and pracess had
ir�consistencies. Ne stated that he sugges#ed that ths City provide
information to all bidders by way of an addendum but the City ignored his
request. Mr. Lynch requested tha# the City re-bid the praject.
Council Member Thiede asked #or the name af the grant. Mr. Lynch stated
that the grant was thraugh the tJnited States Department of Energy and
administered fhrough the Minnesota Department of Commerce.
City Engineer Levitt commented fihat she checked the references pravided
by the low bidder, Premium Electricai, and all infiormation received was
positive. The fow bidder was willing to stand by their quotation and move
forward with no issues.
Counci€ Merrtber Thiede stated that he recaived information that there may
be an issu� with khe grant and asked if we proceed and vote an this tonight,
what wauld be the risk associated with the gran# money and if we cifl not
receive the grant, how much money does that represent?
Cottage Grove City Gouncil
April 6, 2011 Regular Meefing �
City Engineer Levitf stated that the rtame of the grant is the Energy Ef€iciency
and Conservatian Block Grant. City Attorney Heine commsnted fhat the
grant totals $54,196 or 48.354% of the acfua! eligible cnsts.
City Attorney Heine suggested Yhat the City Cauncil award the contract
tonight to the low bidder, contingent upon vsrification by the City Engineer
that the Minnesota Department afi Commeree had no prablem with the
process and that it would not }enpardize the grant funds. (f they have no
problem, then staff would enter in4o a contract. ff there is a problem then the
direction would be Yo obtain new q�otations.
N€OTION BY COUNCiL MEMBER OL,SEN, SECONDED BY COUNCIL
MEMBER LEHRKE, TO TRBLE TN1S MATTER TO G{VE THE CITY
ATTORNEY AND CITY ENGINEER T(ME TO GATHER ADDITIONAL
INFORMAI'ION.
COUNCIL MEMBER OLSEN TO AMEND NIS MOTION TO AUTHORIZE
CITY STAFF TO OBTAIN NEW QUOTATIONS IF IT IS THE
RECOMMENDATION OF THE MINNESOTA DEPARTMENT QF
COMMERCE RATHER THAN TO WAfT FOR THE NEX7 CITY COUNCI�
MEETING. THERE WAS NQ SECOND. MOTION FAILED.
City Attorney Heine suggested that the City Council vote on a separate
mation to direct staff to obtain new quotations if deemed nec�ssary based on
the autcome of sfaffi research.
UPON VOTE BEING TAKEN QN THE OR(GINAL MOTIC7N, MOTION
CARR(ED. 5-0.
MOTIC}N BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL
MENiBER THIEQE, TO DIRECT STAFF TO PROCEED TO OBTAfN NEW
QUOTATIONS IF DEENlIED NECESSARY BASED ON THE OUTCC7ME OF
STAFF RESEARCH. MOTION CARRIED. 5-0.
5. RESPONSE TO PREVIOUSLY RAIS�D OPEN FORUM ISSUES - Nane.
6. PUBLlC HEARINGS — None.
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Cottage Grove City Council �
April 6, 2011 Regular Meeting 7
A. Cansider Awardinq the Contract for the 2011 Sealcoat Praqram
MOTfON BY COUfVCiL MEMBER T#-iIEDE, SECONDED BY COUNCIL
MEMBER PETERSON, T4 ADOPT RESOLUTION NO. 2011-q40, A
F2ESOLUTEON AWARDING BID FOR THE 2011 SEAL COAI" PROGRAM
TO PEARSON BROTNERS, INC., FOR $421,442.65. MOTIC}N CAR€2lED.
5-0.
B. Consider Awardinq the Con#ract for the Bridqe L8'i 59 (Grev Claud fsland)
Pack Rust Removal and Spot Paintinca Proiect
MOTlON BY CQUNCIL MEMBER OLSEN, SECQNDED BY COUNCIL
MEMBER THIEDE, TO ADOPT RESOLUT(ON NO. 2011-041, A
RESC7LUTION AWARRIRiG BID FC}R BRIDGE L8159 PACK RUST
REMOVAL AND SPC}T PAINTING PROJECT T� TMI COATfNGS, INC.,
FQR $58,500.00. MOTION CARRIED. 6-0.
8. UNFiNISHED AND NEW BUSINES5
�
John McNamara reviewed the design developmenf phase, construction cost
estimates, and a schedule for the �eat phase of the project.
MOT10N BY COUNGi� MEMBER OLSEN, SECdNt�ED BY COUNC)L
MEMBER PETERSON, 70 AUTHflRIZE WO�D ARCH(TECT TO BEGIN
7HE GONSTRUCTiON DOCUMENT PHASE OF THE PUBLIC
SAFETY/C(TY HALL (PSCH) PROJECT WORK P�AN.
Mayor Baifey apened the meeting to receive comments from those in the
audience and asked each person ta limit their remarks to two (2) minutes.
The following individuals pravided commentary on Ehe Pub(ic Safety/City Nall
facikitys cor�struction costs, financing options and funding sources, a
re#erendum, architectural costs, and the unsafe condition of the existing
building: LeVar�d Mann, 8888 Greene Avenue South, Co:tage Grove; Brian
Hagen, 8026 Flyde Avenue South, Cattage Grove; Kat�y Lewandowski,
9043 75 Streat Saufh, Cottage Grove; Todd Cham6iiss, 6184 Susnmit
Curve Sout6�, Coftage Grave; Daniel Zwakman, 8354 Hemingway Avenue
Cottage Grove City Counoil
April 6, 2q11 Regular Meeting �
South, Cottage Grov�; Linda Lehrke, 8186 Hemingway Avenue South,
Cottage Grove; Majel Carroll, 8100 Ivywoad Avenue South, Cottage Grove;
and Myra Peterson, 8284 Indian Blvd South, Cotiage Grove.
Council Mamber Lehrke stated that he would like to puf fogether a list of his
concerns. He asked to City Gouncil to iet him know if there were things that
the City Council thinks are not be true, to please email that information fo
him and he would be happy fo 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 backgrounci in engineering and
know6edge af design standards, not'sng fhat there are quite a few dasign
standards to follow. Mr. McNamara staied that one of the guidin� principles
that they presented to Gity Council back at the beginning of the design
development phase of the project, was to have a flexible, open work
enviranment to maintain a high 3evel of efFiciencywithln the buiiding.
Gouncil Member Lehrke quesfioned whether we wouid be moving some of
the existing furniture to the new building. Mr. McNamara stated that some of
the chairs and file cabinets could be utifized in the new facility.
Counci} Membsr Lehrke commented fhat people who lose their home sfill
paying taxes. He alsa cammented an ths population estimates from the
Metropolitan Council.
City Engineer Levitt stated that according to the Gity's Comprehensive Pian,
in 2010 there was a prajected population of 36,OQ0; in 2020, 45,440; and in
2030, 53,OOd.
Counci( Member Peterson stated that the census participation response eate
for the City of Cottage Grove was approximately 87% so that may account
for the difFerence between fihe f�ietropolitan CounciPs population estimate for
2010 and the census.
MOTION BY COUNCIL MEM�ER t?�SEN, SECQND�D BY COUNC6L
NiEMBER PETERSON. TO CALL FOR THE QUESTION. MOTIQN
CARREED. 5-0.
UPQRt VOTE BEING TAKEN ON THE ORIGINAL. MOTION, MOTION
CARRIED. 4-1 {COUNCI� MEMBER LEHRKE VOTED NAY}.
Cottage Gtovs City Council
April 6, 2011 Regular N�eeting �
9. RESPONSE TO PREVIOUSLY RAISED GOUNCIL COMMENTS ANC} REG2UESTS
10. COUNCIL COMMENTS AND REQUES7S
Majel Carroll invited the public to attend their annuai "Soup-er Bowl" fundraiser on
ApriE 30, 2011, at Park Grove Bowling Lanes in St. Paul Park.
Mayar Baifey high(ighted the following events: Spring Clean-Up; Beyond the Yellow
Ribbon designafion, and the public service award from the Cottage Grove Area
Chamber of Commerce.
Councii member Olsen stated there would be some greaf bands scheduled ta piay
at this year's Strawberry Fest, the new Ambassador Program, Arbor day, and a
residential shredding evenf.
Councif Member Peterson noted that the next Bsyond the Yeliow Ribbon meeting is
April 19 with a fundraiser on May 22.
Council Member Lehrks stated he wau{d like to hold a workshop session to discuss
the financing for the new Public Safety Gity Nall facility.
Councii Member Petersan asked the public #o watch for kids as they drive araund
who will be out on bicycles and rollerbEades noting that some of the kids may be a
iittle rusty with their stopping skilis.
11. PAY BILLS
N10TION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER
THIEDE, TO APPF20VE PAYMENT OF CHECK NUMBERS 171241 TO 'I71482
TOTALING $507,463.59. CHEGK NUMBERS 171249 THROUGH 171288
TOTALING $218,640.84 ISSUED PRIOR TO GQUNCIL APPROVAL. MOTION
CARRf ED. 5-0.
City Atforney Heine stated that there is a pending (awsuit brought by the S#ate of
Minnesafa againsfi 3M Companies related to ground water contamination and noted
thet 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 Catiage Grove wduid also Iike to intervene in tna# iawsuit. 8�cause she wilf be
discussing pending kifiigaYion ar�d the pros and cons re{afed to the litigatian, there is
a need for absolute canfidentiality, and for that reason, she has requesfed that
there be a closed session.
Cotfage Grave City Counci!
April 6, 2011 Reg�lar Meeting �(}
12. WORKSHOP SESSION — OPEN TO PUBLIC — None.
13. WORKSHOP SEBSION — CLOSED TO PUBLIC
MQTION BY GOUNCIL MEMBER O�SEN, SECC)NDED BY PETERSON, TO
C�C1SE TNE WORKSHOP SESSION. MOTIC7N CAF2RlED. 5-6.
The following were present: Mayor Myron Bailey, Council Member Jen Peterson,
Councif Member Oave Thiede, Council Member Derrick �ehrke, and Gouncil
Member Jusfin Olsen.
Also Prasent: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk;
Coerine Haine, City Attorney-Kennedy & Graven; Howard Blin, Gammunity
Development C7irectar; Jennifer Levitt, City Engineer; and Les Burshten, Pubfic
Works Director.
The City Council met in ciosed session to meet with the Corrine Heine, City
Attorney, to discuss atforney-client privilegsd infarmation re(ating to potential
Ci#igafion with 3M Company.
MOTION BY COUNCI� MEMBER C7�SEN, SECONDED BY CdUNGIL MEMBER
PETERSON, TQ A[3JOURN TNE CL.OSED SESSIflN AND ftECONVENE THE
REGULAR MEETING. MQTlON CARRIED. 5-0.
.� • .
MOTION BY COUNCIL MEMBER OLSEN, SEGONDED BY COUNClL (v1EMBER
THIEDE, TO ADJOURN THE REGULAR MEETENG AT 11:24 P.M. MOTION
CARRIED. 5-fl.
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