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HomeMy WebLinkAbout2008-03-19 MINUTESREGULAR MEETING COTTAGE GROVE CITY COUNCIL March 19, 2008 OPEN FORUM — 7:15 p.m. 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 on the Agenda. Present: Mayor Sandy Shiely Council Member Myron Bailey Council Member Mark Grossklaus Council Member Fred Luden Council Member Pat Rice Also Present: Ryan Schroeder, City Administrator Howard Blin, Community Development Director Les Burshten, Public Works Director Ron Hedberg, Finance and Administrative Services Director Corrine Heine, City Attorney Jennifer Levitt, City Engineer Craig Woolery, Public Safety Director Not Present: None. Mayor Shiely opened the Open Forum at 7:15 p.m. There being no speakers, Mayor Shiely closed the Open Forum at 7:15 p.m. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on Wednesday, March 19, 2008, at the Cottage Grove City Hall, 7516 80 Street South. Mayor Shiely called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor Sandy Shiely Council Member Myron Bailey Council Member Mark Grossklaus Council Member Fred Luden Council Member Pat Rice Regular Meeting — March18, 2008 Cottage Grove City Council Also Present: Ryan Schroeder, City Administrator Howard Blin, Community Development Director Les Burshten, Public Works Director Ron Hedberg, Finance and Administrative Services Director Corrine Heine, City Attorney Jennifer Levitt, City Engineer Craig Woolery, Public Safety Director Not Present: None. ADOPTION OF AGENDA Mayor Shiely announced finro amendments to the agenda: Public Hearing Item 6A, Public Hearing and Designation of Cedarhurst Gardener's Cottage as an Historic Site, had been removed from the agenda as the application had been withdrawn and Consent Agenda Item 4G, Consider Awarding Contract to Tower Asphalt, Inc. for the 2008 Hidden Valley Pond Trail, had been changed to Bid Awards Item 7C. MOTION BY RICE, SECONDED BY BAILEY, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. PRESENTATIONS A. Recoanize Commission Volunteers — Ken Brittain. David Anderson. and Roaer Finneaan Mayor Shiely and Council Members acknowledged and thanked Ken Brittain, David Anderson, and Roger Finnegan for their years of service to the Community as members of a City Advisory Commission. B. Recopnize Brian Haaen's 13 vears of service as a Volunteer Public Reserve Officer with the Citv of Cottaqe Grove The Director of Public Safety recognized and thanked Reserve Officer Brian Hagen for service as a volunteer for the Cottage Grove Police Department since December 1995 and reported that he will remain active in the law enforcement community through a position as a part-time police officer with the Minnesota State Fair Police Department. APPROVAL OF MINUTES A. Februarv 20, 2008 Reqular Meetinq Mayor Shiely stated that the minutes stood approved as submitted. 2 Regular Meeting - March18, 2008 Cottage Grove City Council CONSENT CALENDAR Council Member Bailey pulled Item E to acknowledge the Cottage Grove Lions donation that will be used for prizes for the Annual Human Services/Human Rights Commission Essay Contest. MOTION BY LUDEN, SECONDED BY GROSSKLAUS, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: I. ECONOMIC DEVELOPMENT AUTHORITY MEETING MINUTES FROM FEBRUARY 12, 2008. II. PUBLIC WORKS COMMISSION MEETING MINUTES FROM FEBRUARY 11, 2008. B. ADOPT RESOLUTION NO. 08-045 AUTHORIZING ISSUANCE OF A PREMISES PERMIT TO THE COTTAGE GROVE ATHLETIC ASSOCIATION TO CONDUCT LAWFUL PURPOSE GAMBLING AT AMERICAN MOTORSPORTS BAR & GRILL, 7240 EAST POINT DOUGLAS ROAD. C. ADOPT RESOLUTION NO. 08-046 AUTHORIZING ISSUANCE OF A PREMISES PERMIT TO VFW POST 8752, 9260 POINT DOUGLAS ROAD, TO CONDUCT LAWFUL PURPOSE GAMBLING. D. ADOPT RESOLUTION NO. 08-047 AUTHORIZING STAFF TO APPLY FOR THE NATIONAL HOCKEY LEAGUE PLAYERS ASSOCIATION HOPES AND DREAMS GRANT FOR AN AMOUNT OF $115,000.00 WITH THE UNDERSTANDING THAT THE FUNDS WOULD BE USED TOWARDS THE PURCHASE OF DASHER BOARDS, SCOREBOARD AND RENTAL ICE SKATES. E. ADOPT RESOLUTION NO. 08-048 ACCEPTING A DONATION FROM THE COTTAGE GROVE LIONS TO BE USED FOR PRIZES FOR THE ANNUAL HUMAN SERVICES/HUMAN RIGHTS COMMISSION ESSAY CONTEST. F. RECEIVE MAYOR SHIELY'S SUMMARY OF CITY ADMINISTRATOR RYAN SCHROEDER'S PERFORMANCE EVALUATION; 2) ADOPT RESOLUTION NO. 08-049 AUTHORIZING A WAGE INCREASE OF 3% FOR MR. SCHROEDER EFFECTIVE JANUARY 1, 2008. G. ITEM MOVED TO ITEM 7C (AWARD THE CONTRACT TO TOWER ASPHALT, INC. FOR THE 2008 HIDDEN VALLEY POND TRAIL — BITUMINOUS TRAIL CONSTRUCTION IN THE AMOUNT OF $23,352.00). H. AUTHORIZE STAFF TO APPLY FOR AN AFG GRANT tN THE AMOUNT OF $192,944.50 FOR THE PURCHASE OF SEVEN ALS CARDIAC MONITOR/DEFIBRILLATORS. I. ADOPT RESOLUTION NO. 08-050 APPROVING AN EXTENSION OF APPROVALS GRANTED IN 2007 FOR A NEW BANK TO BE LOCATED AT ALMAR VILLAGE. J. ADOPT RESOLUTION NO. 08-051 APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR A TOTAL OF 3,500 SQUARE FEET FOR TWO DETACHED ACCESSORY STRUCTURES AND A BUILDING HEIGHT OF 22 FEET ON THE PROPERTY LOCATED AT 6580 KIRKWOOD AVENUE. 3 Regular Meeting — March 18, 2008 Cottage Grove City Council K. APPOINT JIM ROSTAD TO TERM THAT EXPIRES ON FEBRUARY 28, 2011, AND EDDIE THARBS TO A TERM THAT EXPIRES ON FEBRUARY 28, 2011, TO THE PLANNING COMMISSION. L. ADOPT RESOLUTION NO. 08-052 APPROVING SIDE AND REAR YARD SETBACK VARIANCES TO ALLOW CONSTRUCTION OF AN ACCESSORY STRUCTURE AT 10389 KIMBERLY COURT SOUTH. M. APPROVE THE APPOINTMENT OF LINDSAY FLORIN TO THE HUMAN SERVICES/HUMAN RIGHTS COMMISSION. N. ADOPT RESOLUTION NO. 08-053 APPROVING AN EXTENSION OF THE APPROVAL FOR THE CONDITIONAL USE PERMIT FOR THE PROPOSED EXPANSION AT HOPE COMMUNITY CHURCH, 8300 HYDE AVENUE SOUTH. O. APPROVE THE APPLICATION FOR A GRANT THROUGH THE MINNESOTA POLICE RESERVE OFFICER ASSOCIATION (MPROA) FOR THE PURCHASE OF TWO TASERS FOR USE BY COTTAGE GROVE POLICE RESERVE OFFICERS COSTING APPROXIMATELY $1,500.00 - 2,000.00. P. APPROVE THE AMENDED AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND FRANK FEMLING/DBA HIDEAWAY SHOOTING RANGE AND AUTHORIZE THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE THE AGREEMENT. Q. PASS ORDINANCE NO. 838 AMENDING THE CITY FEE TABLE BY ADDING POTENTIALLY DANGEROUS DOG REGISTRATION FEES. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES None. PUBLIC HEARINGS A. Withdraw the public hearina and desiqnation of the Cedarhurst Gardener's Cottaqe, 9912 70 Street, as an historic site. The Community Development Director reported that the applicant requested that the application be withdrawn regarding Cedarhurst Gardener's Cottage being considered as an historic site. BID AWARDS A. Consider awardinq the contract to Pearson Brothers, Inc. for the 2008 Seal Coat Proqram in the amount of $261,696.15. The City Engineer recommended that Council award the 2008 Seal Coat Program to Pearson Brothers, Inc., the lower of two bids. MOTION BY RICE, SECONDED BY LUDEN, TO ADOPT RESOLUTION 08-054 4 Regular Meeting — March18, 2008 Cottage Grove City Council AWARDING THE CONTRACT TO PEARSON BROTHERS, INC. FOR THE 2008 SEAL COAT PROGRAM IN THE AMOUNT OF $261,696.15. MOTION CARRIED 5-0. B. Consider awardina the contract for Bid Division No. 9 to KMH Erectors, Inc. in the amount of $148,500.00: Bid Division No. 10 to Gladstone Construction, Inc. in the amount of $282,784.00; Bid Division No. 11 to Specialtv Svstems, Inc. in the amount of $103,550.00; Bid Division No. 12 to S.G.O. Roofina & Construction. LLC in the amount of $162, 863.00: Bid Division No. 13 to Excalibur Caulkina, Inc. in the amount of $8,900.00; Bid Division No. 14 to Twin Citv Hardware Companv in the amount of $27,705.00; Bid Division No. 15 to Hufcor MN, LLC in the amount of $12,339.00; Bid Vision No. 17 to Berq Drvwall, LLC in the amount of $68,955.00: Bid Division No. 18 to Multiple Concepts Interiors, Inc. in the amount of $21.020.00; Bid Division No. 19 to Twin Citv Acoustics, Inc. in the amount of $1,885.00; Bid Division No. 20 to Becker Arena Products, Inc. in the amount of $40,574.75; Bid Division No. 21 to Decorators Service Co. in the amount of $83.850.00; Bid Division No. 23 to International Fire Protection Corp. in the amount of $103.750.00: Bid Division No. 24 to Wenzel Plumbina & Heatinq. Inc. in the amount of $815.600.00: and Bid Division 25 to Rike- Lee Electric, Inc. in the amount of $251,675.00. The City Engineer's written report recommended that Council a adopt resolution awarding the contract for Bid Divisions as described. Tim Ryan, 61309 Falcon Avenue, said he is the business manager for the Sprinkler Fitters Local 417, representing 638 people, and asked Council to delay voting on Bid 23, International Fire Protection Corporation, in order to research the bid further, as he believes the published prevailing wage was incorrect in the bid forms and International Fire Protection Corp. has neither an approved apprentice program nor Affirmative Action Program. Brian Hook, senior project manager for Kraus-Anderson, reported that the prevailing wages were obtained directly from the State of Minnesota Department of Labor website when the bids went out on December 22, 2007. The City Administrator reiterated that the construction manager stated that the bidder complied with the City requirements and said the project is municipal, not State or Federal, and so there is no requirement to utilize prevailing wages. Council Member Grossklaus requested further clarification regarding prevailing wages and asked if the contracts had been reviewed by the Legal Department. The City Attorney said she had not specifically looked at the bid in question but provided reassurance that there are no State or Federal dollars being used for the project and so there are no requirements for payment of prevailing wages by contractors unless a municipality sets them as a requirement in bid documents. She stated that Kraus-Anderson did review the documents and the bidder adhered to the bid specifications established by Cottage Grove. 5 Regular Meeting — March 18, 2008 Cottage Grove City Council MOTION BY BAILEY, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 08-055 AWARDING THE CONTRACT FOR BID DIVISION NO. 9 TO KMH ERECTORS, INC. IN THE AMOUNT OF $148,500.00; RESOLUTION NO. 08-056 AWARDING THE CONTRACT FOR BID DIVISION NO. 10 TO GLADSTONE CONSTRUCTION, INC. IN THE AMOUNT OF $282,784.00; RESOLUTION NO. 08-057 AWARDING THE CONTRACT FOR BID DIVISION NO. 11 TO SPECIALTY SYSTEMS, INC. IN THE AMOUNT OF $103,550.00; RESOLUTION NO. 08-058 AWARDING THE CONTRACT FOR BID DIVISION NO. 12 TO S.G.O. ROOFING & CONSTRUCTION, LLC tN THE AMOUNT OF $162,863.00; RESOLUTION NO. 08-059 AWARDING THE CONTRACT FOR BID DIVISION NO. 13 TO EXCALIBUR CAULKING, INC. IN THE AMOUNT OF $8,900.00; RESOLUTION NO. 08-060 AWARDING THE CONTRACT FOR BID DIVISION NO. 14 TO TWIN CITY HARDWARE COMPANY IN THE AMOUNT OF $27,705.00; RESOLUTION NO. 08-061 AWARDING THE CONTRACT FOR BID DIVISION NO. 15 TO HUFCOR MN, LLC IN THE AMOUNT OF $12,339.00; RESOLUTION NO. 08-062 AWARDING THE CONTRACT FOR BID DIVISION NO. 17 TO BERG DRYWALL, LLC IN THE AMOUNT OF $68,955.00; RESOLUTION NO. 08-063 AWARDING THE CONTRACT FOR BID DIVISION NO. 18 TO MULTIPLE CONCEPTS INTERIORS, INC. IN THE AMOUNT OF $21,020.00; RESOLUTION NO. 08-064 AWARDING THE CONTRACT FOR BID DIVISION NO. 19 TO TWIN CITY ACOUSTICS, INC. IN THE AMOUNT OF $1,885.00; RESOLUTION NO. 08-065 AWARDING THE CONTRACT FOR BID DIVISION NO. 20 TO BECKER ARENA PRODUCTS, INC. IN THE AMOUNT OF $40,574.75; RESOLUTION NO. 08-066 AWARDING THE CONTRACT FOR BID DIVISION NO. 21 TO DECORATORS SERVICE CO. IN THE AMOUNT OF $83,850.00; RESOLUTION NO. 08-067 AWARDING THE CONTRACT FOR BID DIVISION NO. 23 TO INTERNATIONAL FIRE PROTECTION CORP. IN THE AMOUNT OF $103,750.00; RESOLUTION NO. 08-068 AWARDING THE CONTRACT FOR BID DIVISION NO. 24 TO WENZEL PLUMBING & HEATING, INC. IN THE AMOUNT OF $815,600.00; AND RESOLUTION NO. 08-069 AWARDING THE CONTRACT FOR BID DIVISION 25 TO RIKE- LEE ELECTRIC, INC. IN THE AMOUNT OF $251,675.00. MOTION CARRIED 5-0. C. Consider awardina the contract to Tower Asqhalt, Inc. for the 2008 Hidden Vallev Pond Trail — Bituminous Trail construction in the amount of $23,352.00. Mayor Shiely reported the Tower Asphalt, Inc. bid was the lowest of five, and the City Engineer acknowledged that the bid was very competitive. MOTION BY RICE, SECONDED BY GROSSKLAUS, TO ADOPT RESOLUTION 08-070 AWARDING THE CONTRACT TO TOWER ASPHALT, INC. FOR THE 2008 HIDDEN VALLEY POND TRAIL — BITUMINOUS TRAIL CONSTRUCTION IN THE AMOUNT OF $23,352.00. MOTION CARRIED 5-0. � Regular Meeting — March 18, 2008 Cottage Grove City Council UNFINISHED AND NEW BUSINESS A. Consider aqprovinq the 2008 mininp permit to allow Aaareaate Industries to continue their minina oqerations on Lower Grev Cloud Island. The Community Development Director reported on Aggregate Industries' application to continue mining and processing aggregate materials on Lower Grey Cloud Island and described the proposed 2008 mining operations plan. He said this request is different than the previous request to do mining in the river and provided an overall description of the process, noting that the Planning Commission recommended approval and recommendation that 100 trees be planted and a tree-planting plan be created. Patty Christenson, Aggregate Industries, addressed the issue of tree plantings and asked that the number of specified tree plantings be reduced from 380 to 100 and Council not be so concerned with the number of trees to add but rather consider the number of trees that have not been removed, as there have been no significant trees cleared since 2002, larger trees have been planted since 2005 by a nursery, and an arborist has visited the site finrice a year to review plantings and provide further recommendations to help improve tree survival. Mayor Shiely asked whether the plan is to leave original farm land as farm land. Ms. Christenson agreed and stated that there were plantings along the border of the property running along Grey Cloud Trail, acting as a buffer, and since then tree plantings have escalated as part of the company's conservation program. The Community Development Director agreed that seedlings were Aggregate Industries' number and that there is no specific tree-planting plan in place, noting that he is unsure whether the right types of trees are being placed, and recommended that a reforestation long-term plan be created. Mayor Shiely strongly agreed. Ms. Christenson also noted that Aggregate Industries is not the landowner, who would have ultimate decision on future reforestation. MOTION BY LUDEN, SECONDED BY RICE, TO ADOPT RESOLUTION 08-071 APPROVING THE 2008 MINING PERMIT ALLOWING AGGREGATE INDUSTRIES TO CONTINUE THEIR MINING OPERATIONS ON LOWER GREY CLOUD ISLAND. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS None. COUNCIL COMMENTS AND REQUESTS Mayor Shiely again reminded residents that Washington County's Open Book Meeting will be held on April 10 at the Cottage Grove City Hall. 7 Regular Meeting — March � , Cottage Grove City Cc.. Council Member Bailey announced that Stone Soup Thrift Shop will have a pancake breakfast on March 29 at the Cottage Grove Applebee's 8-10 a.m. Tickets are available in advance at the door for $5, and ticket holders will have a chance at drawings. He thanked the restaurant and encouraged residents to support the thrift shop by attending the fundraiser. Council Member Rice inquired about City pot holes and when street sweeping would begin. The Public Works Director cited April 7 as the start of sweeping if weather permits and invited residents to call Public Works at 458-2808 to inform City staff of any pot holes in streets that need repair. PAY BILLS MOTION BY BAILEY, SECONDED BY GROSSKLAUS, TO APPROVE PAYMENT OF CHECK NUMBERS 154242 TO 154434 IN THE AMOUNT OF $628,204.79. MOTION CARRIED 5-0. WORKSHOP SESSION — OPEN None. WORKSHOP SESSION — CLOSED None. ADJOURNMENT MOTION BY BAILEY, SECONDED BY RICE, TO ADJOURN THE MEETING AT 8:06 P.M. MOTION CARRIED 5-0. Respectfully submitted, Mary Heintz TimeSaver Off Site Secretarial, Inc. ��