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removed from the agenda as the application had been withdrawn and Consent Agenda Item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.
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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.
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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
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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.
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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.
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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.
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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.
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