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Home My WebLink About2014-02-05 PACKET 04.A.i.REQUEST OF CITY C�UNCIL ACTI4N COUNCIL AGENDA MEETING 1TEM # ' DATE 2/5114 � . � . PREPAREb BY: Pubfic Works L�s Burshten ORIGINATiNG DEPARTMENT STAFF' AUTHOR *��:��,��***�*��****��*�:��*��*�*�*�� COUNCIL, ACTION REQUEST: Accept and place on file the minutes of the November 98, 2Q13 Public Works Commissian meeting. STAF'� RECOMMENDATIC3N: Approve the November 18, 2013 minutes of fihe Pub[ic Works Commissian, BUDGET IMP�.(CATION $ $ BUDG�TED AMOUNT ACTUA�. AMOUNT FUNDING SOURC� ADVISORY COMMISSI4N ACTION; ❑ PLANNIN� ❑ PUBLIC SAFETY � PUBLIC WORKS ❑ PARKS AND RECREATI4N (� HUMAN S�RVICES/RIGHTS ❑ ECONOMIC DEV: AUTHORITY ❑ SUPPORTING DOCUMENTS: DATE 1/22/�4 REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED ❑ ❑ � ❑ ❑ ❑ ❑ ❑ MEM�/LETTER: ❑ RES0I�UTION: ❑ ORDINANCE: ❑ ENGINEERING REC�MMENDATiON; �j L�GAL REC�MMENDATION: � OTHER: Approved minutes of the November 18, 2013 PWC Meefing ADMINISTRAT4RS COMMENTS'. ,� ; � �, i` % . City Administrator DENIED ❑ ❑ a ❑ Q ❑ ❑ � � �r Dafie ��*�*�;��:��*�:��**;��***�� COUNCIL AGTION TAKEN: ❑ APPROVED ❑ D�NfED ❑ QTHER � �; 1 . � _ , ; . ,� ,. � , �; � • ' � ` ; i ' � Pursuant to due caf! and notice fihereof, a meeting of the Public Works Cammission of Cotfiage �rave was duly held at Cottage Grove City Hall, 12800 Ravine Parkway, Cottage Grove, Minnesota on Monday, September 16, 2013 at 7:00 pm. � . CA�L TO UR�7�R Commission Chair Tony Jurgens call�d the meeting to order at 7;00 p.m. 2. ROLL CALL Members Present: Members Absent: Members Excused: Tony Jurgens, Michael Edman, Andrea Cloutier, Jeff Podoll, Michae! Smith Peter �lack Matthew Forshee Staff Present: l.es �urshten, Director of Publlc Works Marry Taylor, Aublic Works Supetvisor Gary Orloff, Street Depar�ment Foreman Rick Alt, Utility Deparlment Foreman Adam Moshier, Special Projects Intern Also Present: 3. APPROVE N1INUTES Gouncil Mem�er Justin Olsen Th� minutes of the Sepfember 17, 2013 minutes w�re approved. 4. ADDITiONAL AGEN�A ITEIVIS None Agenda wilf sfiand approved. Public Works Commission November 18, 2013 — Page 2 5. NEW BUSINESS A. City Maintenance of Yard Trees u Pine Arbor �i 2"� and 3 Additions Les Burshten explained Pine Arbor resident, Kevin Raun, called recently inquiring about boulevard or front yard trees and how they perfained to their association, the Pine Arbor Homeowners Assaciation. Homeowners in this area would like #a discuss the Tree Planfiing Maintenance Po[icy as ifi relates to other cifiies. Burshfen explained that his#oricalfy, boulevard tre�s were insfialled as houses were built. There is a misconception thafi the City pays for these trees and fheir installation, which is not true. Th� home developer pays fior the trees and the City provides a[ocation where #he firee will be planted. At ane point, these responsibilities were transferr�d and the former bou(evard tree was now referred to as a front yard tree. Generally speaking, about 'i0-'i5 fe�t behind a curb is wh�re the right-of-way ends and the private property begins. The right-of-way area is Cify property and is used for snow s#orage; work in the s#reets and things af that nature. Burshten went on to st�te, "Since that time, the configuration o�F (o#s has changed and the City has naw gone back to boule�ard trees. The Developer's Agreement for Pine Arbar cfearly states there were fio b� front yard trees in these areas. Kevin Raun, 6791 Pine Arbor Bou[evard, stated he is h�r� representing fihe Pine Arbor Tawnhome Assaciation. "As a 30-plus year resident of the City, the fiirst home that w� lived in had baulevard trees and it has the most beautiful canopy now. That was one of the cons we had when we moved away into a new suladivisian. We found out we had front yard trees, they are not baulevard trees and so we`ve been learning the verna�ular on those types ofi firees. Our association is about seven years ald and we have 60 units with i#s awn front yard tree. [n fihe last seven years, we've had one firee die. 1Ne thaught it was a boulevard tree sa we called fihe City and lo and behold, that's what start�d this who[e �rocess. We fhought it would be worthwhile ta come up here and address fihe Commission tonight with regard to that". "We did a lot oF h�mework, as Les said", sfiated Raun. "We laaked at Woodbury, surrounding cities, the core cities, Minneapalis and St, Paul. What we found is that most of the cities buy the trees, put them in and mainfiain th�m because fihen fhey have controf over the grawth of th� boulevard canopy and that seems to make sense." Pine Arbar resident, Steve Cavaluzzi, 6840 Pirie Arbnr l.ane South, s�ated that he, too, serves on the board for fihe Nameowners Association af Pine Arbor. He added fih�r� are some concerns as to understanding what the policy is for #he City and what can happen in the future. Pub(ic Works Commission Navember 18, 2013 -- Page 3 Mr. Cavaluzzi stated, "Pine Arbar has 32 twinhomes and 64 units. Each unit does haue a tree in th� front of the home either on the boulevard or set back anywhere from 10 to 20 feet and some of it will vary because of the nature of the design of the developmenfi where we have full eourt or a semi circle, ar whatever you call some o€ the desigr�s so th� firees will vary in posifion where fhey were planted. The majority of our #rees, if we take 64 of them for the units, 25 are lirtden and the balance of them are ash, These trees right now, vary from 15 fio 2p feet in height." Mr. Cavalluzi produced a ph4fia of Pine Arbor l..ane where trees are se# back about '15-20 feet. "I no�ed when looking at Pine Arbor 1, 2 and 3 Developers Agreement, Section 5�'i0, it states the developer pays the City and the City locates where a tree goes", ind�cated Cavaluzzi. "The qu�stion is, `Where does Pine Arbor fall into the City's guidelines for replacing dead boulevard trees?' Pine Arbor Boulevard has a sidewalk running al1 fhe way through it and th� trees are set back abaut 3 or 4 f�st behind the sidewalk. Are they considered boulevard trees? The ather question would be if these trees do fall under the ash borer bug, and they alf get infiect�d. Righfi now, maintenance is done an these trees bufi we can't control what comes from autside of the neighborhoad so that's an issue for us. If we have 40��0 trees go down and they have to be taken out because they are diseased, that is quite an expense fior the associatian." Cava(luzzi stated thafi associat�on residents are concerned if these trees get damaged �rom a storm and th�y come down, does the Cify cover them.or are the residents an th�ir own? "All Pine Arbor homeowners are taxpayers for the City and every resident should be treated egually. They are r�questing the City to take that under consideratian, If the Pine Arbor residents are not covered under the City's pfan, if something major happens, can they obtain firees at the `City's cost for replacement?" Commission Vice Chair Michael Edman had a couple of ques�ions. "in purchasing into the townhome associafiion, I assume all residents were given a set of rules, cavenants and bylaws as fia what type of landscaping costs is covered by the association outside ofi regular mowing." Raun r�sponded that fihe association on[y covers mowing, and ircigafiion is obviously built in, btafi the trees are nat parfi of that associafiion covenant. "They are up to each individual, either we as fihe association or fihe homeowner. fn some cases, the developer put in extra fiir tr�es and obviously these are front yard firees and the association is respansible for those trees too. /-lnofiher issue is the confirmed fist of firees fihat fihe City uses in planfiing boulevard trees and we ar� kind of caughfi in this cent�r ground. When the trees die, we don'fi ha�e to repfaGe them, there's nothing in the ordinance that w� couEd see that would require us fio do so. We're not sure we could replace th�m al( if a majar sfiorm came fihrough at roughly $504a�700 per tr��." Public Vi/orks Cammission November 18, 2013 — Page 4 Commission Member Smifh asked, "Has the assaciation recei�ed any sort of written notificatian from the City �oresfier regard�ng the emerald ash borer sifivation fihat exists in the City over the last couple of years7" Raun responded, "( fihink we r�ceive th� same in�ormation that cames ta alf homeowners, whefiher ifi's in th� water bill, or thaf type of informatian. 1 don'fi recall a special mailing of any type". Smith also asked if they had ever received a(e#ter stating that a tree under a certain di�meter would be r�moved per the City Policy, to which Raun responded #hey did nat. Commission Member Jeff Podoil sfated that this involves private property. "At one point did the City take the respansibifity of gaing on the private properky to address these firee issues and if they do, what's #o say to a homeowner on my side of the highway? You're doing it for private property aver there, come over here and take care of my front y�rd tree. 1 think we have ta be most leery of the priva#e praperty aspect. If it was an the right�of way, obviously we wouldn't be havin� this discussion bu# since it is on privafe property, I don't know if the Ci#y would want ta get invalved in as �ar as if someone gets hurt firimming a tree or something like that. At what point in time is the Cify not going to have any responsibility?" Chair Tony Jurgens stated these trees are not wifihin the right-�f w�y, they are further back on private property. Raun stafied he actually thinks some trees are within 15 feet of what's considered the boulevard. �.es Burshten sfi�ted 15 feet is just a benchmark and #he trees observed were oufside of that, but this can be double checked. The right-of-way could be eight feet in some areas, ten in others. Now, if � tree fell in fii�e str�et, the City wauld cut the tree aff and remave anything that fell in the right-of-way or the street but fihe other portion would be the r�sponsibility of the homeowner or the assacia�ian. � K�vin Raun stated, "Now t�e Ci#y is requiring the trees come back into the boulevard area so they can own and maintain #hem, is what I understand. There was a peri�d of fiime where #hey were bumping fihem behind th� actual City right-of-way or boulevard area and so fhat's where we're af wifh this. 1 don't know how big these trees will get, i� branches will go out into the street and impede the traffic for high prafile vehic[es or whafi�ver, but any kind of trimming, anything lik� tha# is our responsibility and thafi's the d�cision we are trying ta make. We don't know if that's a responsibility that we should take on or maintain. We are loaking for a couple of things, from a public policy standpoint. [ have same inform�tion frdm fihe American lnstitute of Certified Public Accountants. Had fihe City decided to g�t aut of the bou[evard tree business, 1 guess we would be OK, bu# they decid�d to get out o�f it for a few years and then get back into it, �herefore a few of these subdivisions such as ours are now on the outside, we don'fi have tha� benefit. [� can assure you fihat our tax money goes to provide and replac� trees in oth�r parts of th� City. What we're looking for tonight is an equity issue. Can we reach some sor� of middfe ground? If our tre�s die, can we maybe go onto �he City'� bid for tree replacement or mainfienance?" Public Works Commission November 18, 20'I3 -- Page 5 Podolf qu�stioned, "Kevin, what is the current situation with the homeowner's associat�on as far as backyard trees, trees that aren't in questian. Do you maintain those now or does the homeowner"? Raun respanded, "They are ours ta maintain, we have let our residents, through petitian, put in extra trees, but it's very ciear if they put in other trees, we don't allow them in the boulevard, bufi it's their responsibility if they become diseased or if they are bfown over, they have to take care of them. Otherwise, the association [s res�ans[ble for these trees." "My point before was", stafied Podo)I, "just the liability of the City being on pri�ate praperty. I don't Ecnow haw that would rea!!y wash out You're paying taxes as well as 1 am and my tree has gotten replaced twice in the lasfi �10 years". "Mr. Chair," stated Raun, "If i may, we have just one firee now that's �one. And I guess the question is, could that replacemenfi tree ga inta th� boulevard and cou[d that be the start. We are nat advacating you come and rip out 60 trees and sfiart over again. If for some reason storm or disease takes these trees out, could th�y go into fhe boulevard area and �ecome part af fih� City's tree program?" Edman questioned, "Why is #he homeowner's association taking responsibility for people's trees?" Raun responded, "Because we need to make a decis�vn for our own policies. The yards are not owned by the homeowners: they have privileges or right-of- ways such as a boulevard ar�a but they are the property of the Association so the Association is the decision making body in this parficular situation". "So the private proper#y that these development agreements refer ta are the association's property7", asked Edman, to which Mr. Raun responded, "Correct". Edman asked, "Do you co[lect dues from your members to maintain that [and?" Raun answered, "We do." Cammission Member Smith asked, as a point af clarification, "So, are you asking irt the fufiure circumstances, when a diseased tree ne�ds ta be removed ar one falls by a storm, that instead of replacing that #ree within a close proximify of where it was, to be able to mave if within the right-of-way so if becomes a boulevard or City free?". "That is carrect, Commissioner," respartded Raun. "That would b� ane way to do it at thafi point in time it becomes a Ci#y tree, and then at that time fhe City mainfiains the autonomy over th� type of r�plac�ment tree that would go in". Chairm�n Tony Jurgens asked, "Dv yau know what the average cost �er free is?" Burshten responded, "Ta r�place the tree is probably somewhere betw�en $250 and $350 dollar�". Jurgen� w�nt on to �fiate, "There'� a cost to removing the dead tree, probably stump grinding, i'm nat sure what all this involves, a[I fihos� things are included." Burshten stated, "Stump remaval, depending on the size of the tree, 1 woufd Public Works Commission November 18, 2013 — Page 6 imagme wauld be befween $60 and $100 dollars. Vifhen the trees are taken down, depending on the size of the tr�e, the cost would be somewhere between $50 to $200 far a tree removal. If they are real large trees it would be much more than thafi- up to $500 to $1,000 dollars." Jurgens asked, "V1lha# wouid be fihe City's currenfi policy as far as the request to repface a tree and put it on the boulevard. Would it th�n b�come a boulevard tree?" l,es responded "No, that doesn't fit with any palicy we have. That aption would have to be presenfied to the City Council to see if fhey were infierested in looking a� somefihing iike that." Jurg�ns commented that he befieves he has seen a list af approved trees. "Right now if I wanf to plant a fir�e in my backyard, ! probably couldn't plant an ash tree today, is that accurafie?" Burshten responded, fihafi fihe Gity is now just dealing with trees that would be on public property: parks, right�of-ways, tha# sorfi of thing. There is an approved [ist fnr those areas however, if a resident wanfied to plant `X', `Y' ar `,Z' tree, they are abl� fo do that." Tany sfiafied, "So, theoretica[Iy fihese yard trees, whefiher it's .the associafiion or homeowner, they could pfant a tre� that's not on �ur ap�roved lisfi as a yard tree. We woufd not have any say so over that, is that accurate?" to which L.es responded, "Yes". Council Member Olsen stat�d, "Generally speaking, I don't li[ce ta get invol�ed in fihe conversations at the Commis�ian level because l get my time at the Councif, but I did want to make sure the Cammission was aware thafi Kevin Raun, who is standing in front of you, is a former Council member for the City of Cottage Grove. He's very we[1 versed in a number of th� affairs of stafie as it w�re, and based on what I'm hearing, it sounds to me like prior to my fiime on th� Council, the City decided to ge# out of th� bou(evard tree business and so we have some a�her neighbarhoods thafi fall within this same area of concern so whatever your conversa#ion and decision may be �in fierms of recommendafion �o the Cauncil, it is going to impact more than just the fin� peop[e in Pine Arbor. Ther�'s also Silverwood and Pine Cliff, so whatever d�cis[on you make or conversation you have, 1 want you ta be cognizant of that too." Edman said, "Pm inclined to think we should g�fi back aut of fhe tree business. 1'm glad Counci( Member Olsen gave us �n idea this is the tip o� an iceberg. Ta me, fihe best people to address the concern is the association as a group. You have control of your joinf land. Yau can decide if you want to replace trees ar not, it's entirely your discretion. 1 fihink that`s probably where it should sfiay. 4nce you stark gefting the City invalved, then yau have some peaple that have a City tree in their yard, and there's no discretion by the homeowner or #he association. 1 fhink we agr�e the develop�r agreements are pretfy clearly infiended for this to be a privafie property tree. In this case, its unique this i� an as�aciation, but I wouid be inclined to I�av� if thafi way, personally". Public Works Commission November 18, 2013 w Page 7 Chairman Jurgens said, "f would tend to agree, but 1 wonder if there's a way we can work with them, - have the City work with them on m�ybe pricing or something fike that as Mr. Raun suggesfed. Da you have any comments or suggestions alang fihos� [ines Les or Justin?" Les responded, "i don't think fihafi wauld be a problem, I know we would ha�e #o verify #hat, but ! c�r�ainly think we could include fhem, or any homeowner's association. We take bids a couple times a year for trees and tree trimming and that sarf of thing. We wou[d have fio have the attarney iook at it°. Olsen stated, "When we do prajecfis of fihat nafiure, generally speaking fher� are confiracts involved and my suspicion would be, I'm not an attorney; bufi we do hav� a very fin� city a#torn�y that would probably meet and cansult with Les on this. My suggestian is could there be some sorfi of cantract language to include interesfied �arties like homeowner's associations buf that's purely speculation an my part. I don't know whefher that would fly legally, but tn my uneducated mind it sounds [ike a potential middle ground solutian". Commissioner Smith stafied, "I fhink when we're talking here about the different assaciations, it may get potentially quite dicey because every association is going ta have different covenants, bylaws and resfiriGtions as to how yard maintenance is typically to take place. Ifi may be a slippery s)ope if we venture down.that path with the associations. And as hameowners, we al[ buy in�o, "tfi we choose to purchase a home wifhin an association, we know there are resfirictions that go afong with that, good or bad, bufi that is a chaice fhat we as a free market system have to comply with and voluntary opt in#o or not, so I wou[d venture fio say that I think its best we leave fihe policy as it sits". Edman said, "1 agree it's a�air idea for a common or middle ground but I sti(1 think it's OK for us t� say no. If we're doing pavemenfi managemen#, I know th�t a lot af times the raad works company will send out fiyers saying they'[I be in �n area and will give you a discount. So, if Wright Tree Service is aufi and th�y want ta soliclt a homeowners association's business because fihey �lready have their trucks in there, by a[1 means, piggyback, bufi if your H�A gets a Groupon by the City, why can't 1, as a regular homeown�r, fhat's not in the association? What if another assaciation doesn't have the same problem? lt's a comp[etely unnecessary quagmire for the Council. 1 think legally yau coufd craft something I�ke that but I also would point out, Cotfiage Grove has a company now, Arbor Hill Tree �'arm that sells trees. �i�e Jerry a ca(! and ask how much is this tree gonna cost7 Maybe it'll surprise you, 1 don'f know how much buying power fhe City can give you, but fialking maybe $500 bucks, I#hink it's just a pofiential for real mes�. I would say no". Public 1lVorks Commission November 18, 20'13 — Pag� 8 Mr. Raun commented, "l respecfi these comments and we weren't sure where this wauld ga tonight. ff f may, in alf fairness, 1 don't know what fina farestry bill is for the City, but I do know thafi 1 am �aying the same as any ofiher home of an equal size and nat getting the refiurn on that doilar, so it is � public policy equity issue. ! �00, was going to bring up fihe pavement managemertt, this can happen, l think what we are looking for is maybe a compromise, and 1 wauld appreciate it and supporfi it if the City could look mto it. Cou(d we take advantag� af the economy of scalss the City gets when th�y bid out hundr�ds of trees versus us getting one or two trees, where we pay a lot more, Or tree trimming, If fhe City could do that, fhat would be a real win. I have to tell yau fihat if you go to buy a home, one of the last things you do on your investigation is ta decide whether the tree is a boulevard tree or not. I didn't do it and 1'm a pretty savvy buyer. 1 had no idea we had gone to fihis thing called a fronfi yard tree, but it happened, it is what it is and we just. fihaught we would come up tonight. I realEy respecfi it, we've taken a lot of yaur fiim� but thought it was a goad public poficy debafie fia have and maybe som� ather association wi(1 come and you will have covered this ferri�ory befare setting precedent and fihere was benefif to discussing it this evening and we appreciate if". "For the record", stated Edman, "I appreciate fhe organization and the thoughtfulness of your presenfiatian of the i�gal documents. I lik� seeing that. Narmally you don't see thafi atfiention to detai[ and thoroughness, so I do appreciate that". "UVhat wauld you lik� from us7" asked Burshten. I think we have direction, we can just laak at some different optians and maybe bring something back. I�hink same good points were raised." 6� t7LD BUSINESS. AR Ordinance Amendment to Solid'1lltaste Hauler License Burshten stated fihe City Attorney reviewed this it�m last September and it's been requested this b� put an the agenda in order for the Cammissian ta review it before being forwarded to the City Councii. The worc(ing has been changed to c[arify the ordinance. Tony asked if th�re were questions, or comm�nts. ff not, he'll take a motion recommending the Council apprave ifi. Motion made by Podall, seconded by Commissioner Cloutier to approve. Is there any discussion?" Edman said, "1'm confused as to why this is before us now. It w�sn't mentioned wh�n we were reviewing this topic twa months ago. You don't need the body's lay apinian as to th� language proposed. The aftorney reviewed it and 1 would agree with the recommendafiion, Are you are asking us for th� opinion on the policy, what's behind #he language? That i� �omething we ju�f talk�d about month� ago. And 1 knav,r i#'s been bacfc down and nothing has happened, so, �his seems #o be perfectly appropriat� to roll into tha# discussion, I think my comments are reflected pretty accurately in the meeting Public Works Commission November 18, 2013 — Page 9 minutes about what l thought about this tapic so 1'm not going to supporf this language, not that f don't think it's I�gally sufficienfi, I just tFtink from a policy s#andpoint, ifi's not consistenfi with whaf this body recammended just fwo months ago, fhat is, add real competition. This d,oesn't address that. If you say #his is good language, that's one thing, but to formally change if, it does appear to be an endarsem�nt. Read fihe minutes, fihafi says it alr. That's my discussion on that mofion" Jurgens �tated, "There's a motion on #he table: Ta recommend to Counci[ that fihey apprave the recommendatian by the City Attorney for the language change to the ordinance. Motion carried three to twa. "[ would say for the record, Mr. Chair, sfated Edman, °Commissioner Forsh�e, had he been here, tonighfi, he would have vofied no and it would have passed, based on reading his comments in the minutes, but also talking to him b�fore the meeting about not being here, so [ fihink fihe message is that this isn't 100 percent clear, like everything else we've done. This one is very up 'rn fih� air". Tony said, "Unf4r�unately, �ates only .counfi for fhe members that are here, so, ifi has passed 3#0 2". Edman went on fia state, "I was just saying, Mr. Chair, as an advisory body, it's important fio nate that this is an advisory body which makes our opinion no� �s va[ua�[e as it could be". 7. PUBLIC WOFZKS UPDATE Burshfien reported: o Ther� will be no December meeting • L.ast year, we were aut snowp(owing A�5 times which was a rafiher high number having 72 inches of snow. SnowFall occurred pretty much la�� in the season. We were still pfawing as of May 2" The year b�fore we were out 23 times. � �ur Water Mefer Replacement Program began this year and 9,80Q ar sa m�ters w�r� replaced. The program went very weli. � Spring Clean Up on May 4 went w�ll with over 80Q cars thaf passed through. 200 appliances were discarded by residents along with 503 tires. Th� Crime Prevention Board sponsored a clothing drive that was very successful. Pap�r shredding was offered for the first time this year and was very p�pular wi�h residents. • The Pubiic Warks facility was painted this year and the painters did a very nice job. a The Voluntary Ash Tr�e Removal Program was utilized by approximately 1p0 residenfis. � The Public Works Open House on Se�tember 19 was anofiher successful event with over 'I ,20Q visitors. This �vent ta{ces place every ather year. Public UVorks Commission November 18, 2013 -- Page 10 • Most in-house paving projects were completed this year wifih about 2,200 tons of product appfied, • In early spring, a scrubber was purchased to use on inside �arking faci[ities, wash bays, the lce Arena and the fire halls. e The new s#reet sweeper was approved earlisr this year. !t's a vacuum�type unit and it's turned out to be a v�ry gaod tool. Funds were received from #he Vllashington Caunty Wat�rsh�d ta help wifih the funding of this equipment. Sfireefi Fareman Gary C}rloff commented the sweeper has been oufi every day for the past 30 days and has realiy picked up production. "The operators rea�ly seem #o like ifi fiao." � Anofher piece af machinery purchased fhis ye�r was a spray asphalt patch�r. Using Class A aggregate mix. V11e're using trap rock right now wifh same emulsifi�d asphalt and this has b��n anather good purchase, Initially, it was used as an a[ternative for winter patch and now it's being used for perrnanent �afich material. � The walk behind strip�r has been primarily used in parking lots � The new gar�age firuck is used primarily in the parks and trails. It's nice �a �have a piece af equipmen� fhat works all of the time. o Another piece of equipment acquired this year is a crash trailer that enhanc�s the safety or aur crews when they are aut working on the roadways. It's also used when boulevard and median worfc is being done. Burshten went on to sta#� some purchases were delay�d this year because of changes in fihe tax purchasing law. "We have a coupl� more large purchaSes #haf we will be bringing forward. A couple of dump trucks are yet to be purchas�d with 2013 fiunds in early 20'f 4". • Sho� crews ar� in �he process of fi�ishing Departmen� af Transportation inspections in fleet maintenance and snowplaw equipmenfi is afl gefting prepared 8. ENGINEER'S REP4RT Public Works Supervisor Harry Taylor reparted there have been a lot of projects this year. The final punch iist of the Pavement Management Project, the Box Cul�erf Praject and Hinton Avenue are a11 being completed. Other prajects currenfi[y worked on are same manholes that need to be lowered in the Pine CIifF addifiions. "We've been working wifih contractors on fhat", stated Taylor. The 7� Street/Caunty Road 19 is a Washington Coun#y Projecfi. All wat�r m�ins have been installed, charged and pressur� tested. The Caunty had it open for traffic the other week. Before finishing up for fhe winter, striping will be done. Pub[ic Works Commission November 18, 2013 -- Page 19 70 Sfireet has be�n re�striped, both n�ar the County Road 19 area and closer ta the West Draw Water Tower with new turn lane configurations. Spec homes are being constructed in th� DR Morton Projec# {East Ridge Woods) near Almar Village on the north side of 70 Street. The private utilities are ouf there installing the gas lines and the projecfi is caming alang real well. Th� Clear Channel Praject, (the Watershed project, in the West Draw area beiween 65 and 70 Streets) is progressing. There will b� some pipe work, ravine work and some ponding work completed. It's moving along slowly and fihe game plan is to s#ar� again in the spring. Th� G�V11if1 �.iquor Cenfer project over by Norris Square is ,moving along with backhoes and excavators mov�ng a Io� of dirt righfi now. Retaining walf work wif[ be done. The Tumb(e Fresh Laundramat that recentEy apened for business is doing very we1L 9. C1TY COUNCIL UPbATE Counci! Member 41sen stated he will be brief and cover just a few highlights. "The City is #rending very positive(y year�#a-dafe with respect to buildir�g permits, both commercial and residentia(. There's been a gopd amount of acfivity this year on residential homes so we're trending far beyond our expectations and we are expecting nexfi year fia be a very good year because there are alsa contracts out on ofiher properEy in town that will start construction in the spring. So, we are feeling good about thafi. f�eep your eyes peeled in fierms of some of the commercial businesses. 1# fooks like the anes we've been sitting on for quite som� time are preparing to came an line within the short term future. l can't give you specific dafies but I wou[d susp�ct by the end of January I'll be pretty happY. "Some other things ! want to mention are in terms of upcoming e�ents. As yau know, we've got the big Thanksgiving Haliday coming up, Th� morning o� Thanksgiving, �h�re �s a fun run cailed the Hale ta fihe Bird Fun Run. This is fheir second annuaE event and it's a fund raiser. Mayor Bailey will b� present tha� morning ta pardon the turkey so I'm nof how that all wil! work out, if you want to Iook up Hal� to the Bird on Face Book or an Google you can gefi more information on thaf." And then, of course the big news that came ou# last week: The Holiday Train is going to be quite the event in Cottage Grove. CP Rail chose #he Cottage Grove stop as fihe one sta� in North America where they are going fo celebrate fheir 15 Year Anniver�ary by bringing in some �alent to per�orm a free show for afl the visitors and those who have spent many years contribufiing fio the Holiday Train and the �'riends in Need Food Shelf". Public Works Commission Navember 18, 2p13 — Page 12 "This year, you wilf be able to att�nd a free con�er# put on by Shery! Crow and thafi is funded by fihe CP Rail Group. There's also an opening act, Take 6. We are IooEcing farward to that and it wi(1 be on Safiurday, December 1�4 and it will be at a different locafion than normal this year because of #he configuration of the event. They've chosen fio have it right down in the rail yard and then we will have remote parking lacations spread out through the City with luxury caach buses that wi[l be #ransporting people to and from the event �hroughaut the course of fhe enfiire day. Ther� will be a parking lot that wili be close #o th� site but that wiil sfirictly b� for volunfeers and members of the Holiday Train staff and Pub[ic Safefiy �ecause they will be shuftfing people in and oufi like crazy. ff you are interested in volunteering, you can r�ach out to Mayor Bailey or yau can reach out to anyone her� at City Hall af 458-2800 and thraw your name in fhe hat. They are looking far somwhere in the neighborhood of '100 to 'I25 additianal volunteers, i know the outpouring of support fihus far has been very. posifiive sa if could be that all those spots are afready taken. I don't know th�fi for certain, if you are interested, it doesn't hur� to reach out." "Other than that, I d�n'fi haue much to report �eyond thafi. f wish all of you a very happy Thanksgiving. 1 thank you very much for your service with the City this year and for being volunteer acivocates for Public Works and everything we do here in the City of Cottage Grove and af course your advice�and counsel is very much appreciated. Hap�y Thanksgiving to you and yours." Commission Member Jeff Podoll commented, ") noticed on the agenda for th� last Council meeting was the approva[ for fihe water towers. Now, did yau approve both of those? "O[sen respanded, "We approved the �first an�. The second one did nafi get approved on a 3 to � vote. Jen Peterson and myself were interested in approving both but there were three ofher Councif inembers that decided this was samething they were not interested in. V11e Qnly approv�d the first one and we'll see what happens when it cames fim� fio bid out th� second ane." Olsen wen# on to state, "I thought #he presen�atian was very compelling and the information we received included a`not fo exceed' pric� which was based on hold firm 2011 pricing that they've been ofFering to all the other communities that they are working with on this. Of course, I beli�ve this body recommended unanimously #o approve �ofih, but unfortunately, there were members of the Council that didn't agree. We did approve the first and I'll guess we'I� se� what happens when ifi comes time for the second to come around." Jeff asked, "Did they want us to pay for the second water tower now?" and �Isen responded, "`No they didn't," Ghair Tany Jurgens stated fihere was an article in #he paper that seemed to miss �om� of the fact�. "1 wander, did th� m�mber� of Council misundersfand something do you think?" plsen answered, "[t's always dangerous to Public Wor[cs Commission Nav�mber 18, 2�93 — Page 13 try and crawl inside somebody else's head so I guess 1 don't want #a necessarily da that. llily understand'mg is thafi fihere was some trepidation on the part of a couple of aur sta�F members, typically the members who control the money. They fhought that this was too good to be true so they were hesitant. The recommendation that they made was to wait on tha secand wafier #awer approvai and fihe fihree Council members wha chose to fallow that recommendation prevailed." Tany asked when the second water tawer approvai may come up. Olsen stated "Your guess is as good as mine. I'm not certain ofi that". Jeff continued to ask, "Is fhere a timeline as far as the guarantee of �he prices?". O{sen responded, "I believe they are guaranteed thraugh fhe end af this fiscal year, so if it w�re �o come �efore Council again before the end of the year, maybe fihere would be a different argumenf that would be more compelling, but that would be up ta sfiafF." Edman asked, "So the article is factually inaccurate in same regard �hen?" and Jurgens said, "Afi leasfi in a couple spots". Edman went �nto stafie, "The Finance Direcfiar, Robin, said that by delaying one wouid increase expenditures but a�oid a large upfront cost in paying far both projects now. They weren't asking far both up front, right?" 41sen said, "No, they didn't ask for fihafi". "Then,' stafied Mike Edm�n, "The only fihing, in my opinian, fihafi we're ganna know next year, that we don't know now, is that fhe price wiil ga up." �lsen responded, "You can cet�ain[y share those opinions with the City Counci[ members." Tony asked, "So Council didn't have any other �inancial informa#ion or any other information at their disposal that we didn't` have for our review?" Olsen ar�swered, "I thought the pres�ntatian was very complete. Obviously, our Public Works Dir�ctor toak a great deal of care and a great deal of time in presenting his case and we also had the r�presenfiafiives here firom SEH and the other firm, Classic Coafiings, We had afiher falks here to answer questions and to prouide information and unfor�unately, that didn't resonate as strongly as l would have personally haped with some of my peers so we weren'fi able to get both ot those under contract at this point." "Is there any plan to bring this u� be#ore th� end of the year that you are aware of?" asked Edman. Olsen answered, "No, not that ['m aware of. That wou(d be up to staff." "Mr. Chair," stated Edman, "This isn't the first time, and it's not only one, everyone on fihe Council has been guilty of this once or twice...like in my previaus statement about garbage haulers, Ullhen this body is spending a[ot of time going over dacuments, going on site visits, having people come in and th�n having them come back, �iving us packets two inches thick, i don'# appreciate having my time wasted when we made the very thaughtful, #harough recommendation fihat we were unanimous ort, r�ort� of us holding back on this par�icufar one and it's as if it n�ver e�en happened. Obviously, the Council doesn't have fo agree wifh us, we have no authority. When it's not even _ public Works Cammission November 98, 2013 — Page '[4 mentioned that `Hey, thess 5, 6, 7, peopJe spent the last 6 months really going into this and they recommended we do if, buf we're going to ign�re those peaple and do part of it.' [fi just busts me. I talked with Commissioner Forshe� about it and he said, why am l even bothering? it's a giant waste of my time. lt's kind of Iike a dog and �ony show. I fihink it's' regrettabie. The water tower, for exampfe, l feel fil�e garbage issue is almost an example, undergraunding power lines is an example, but this ane, particularly, the water tower, really irks me. Because we jus� discussed it, in this bu[Iding. VUe did the sifie visit and i talked wifih one of the members against the proposal and I think he didn't r�ally... I think ther� was some confusion, Mr. Chair. 1'm confused why it appears to me this evening that fhis body's work is compfetely wor�hless, lfi's completely se�n as not ualuable. It's n�uer mentioned, it's never followed and it feels that way. [ know. Mr. .Olsen, you're stuck with being here, but it really does feel thaf way". Council Member Olsen stat�d h� was happy to respond. °[ come from the perspecfiive of being a former commission�r. 1 was a Public Safefiy Heafth and Welfare Commissioner for f.our yea►�s before I ever chas� to run for a City Council seat so ('ve been on that side of the argumen� as well and more than once have had the body's recommendafiion that I was part af, go seemingly wifihout merit when it came to a decision that the City Councif made. And certainly it was frustrating fihen and ifi's certainly frustrating� now. You know, from my own personal experience, my choice to be a cammissioner was simply that I wanted to give back to my communi#y fo volun#eer� my time and 1 was also very interested in what was going on in City business and f wanfied fio learn more". "So", confinued Olsen, "f never �elt fhe time I spent was without merit or not worthwhile, but yes, it is emofiiona[ and ifi is somewhat frusfirating when you put in time, energy and �ffor� on a particular subject or projec� and you give your very �est ta make a wel( infarmed recommendation to the Councif and they choose not fio follow that. But I knew #hafi as a commissioner that was as ane of the fhir�gs fihat could and aften did happen. I've seen it happen mor� fhan ance and !'ve seen it happen with bodies other than just the Public Works Commission. My guess is that will be a continuing issue for as long as there are advisory cammissions �nd pol[cy boards. That being said, the r�commendations of all the various commissions are included in the Council packet, whatever the projec# may be. So if the Council reviews that packet fihe way #hey should, it alw�ys includes the informa�ion on recommendations af a particular advisory baard was with respect fio fihis decision we are asking them to make. Whether or not the bady chaoses to follow that, sometimes they have different information than you have, sometimes they have a difFerenfi view an the infarmation you have. Sometimes they have more defiail. There's a mu(titude of r�asans why they may or may not follow the recommendation ofi a particular policy board. Please, never feef like yaur time is being wa�f�d or mi��p�nf b�c�u�� it c�rtain[y i� na# and i� nothing el�e, 1 think it'� a wonderful a�portunity to be mvalved in the day in and day out operation of the City and even to get Public Works Commissian Nov�mb�r 18, 20'13 -- Page 15 a handle on what may or may not be in front of your City Council ori a regular basis with respect fo something that you are passionate about and you are a!I passionat� about Public Works or yau wouldn'fi be here. Sa again, I appreciate all your service and your time and I never want you to fe�l lik� it's time wasted because it certarnly is nofi." Jeff Podolf stated, "To me, ifi just doesn'fi pass fihe smelf test. Here yau've gat a company fhat is wiliing to go out fwo years ahead of time and enter infia a confiract and not expect any money far two years after the fact and fihe water tower isn't going to heal itself, it's nof going fio miracu(ous(y get better and not have to be done in 2015. We're going to have to do it and her� we have a company that's will�ng to, two years ahead o€ time and set a price. I jus#, 1 can'f undersfiand why it wouldn't happen. Is there somefihing, Gan we possibly make anather recommendation7" Council Member Olsen stafied, "I da beli�ve in the power of prayer, but l r�an't think it works on water fowers or trees, and I think it's one ot those things, yau're right. The work is goit�g to have fio be done. You're sorfi of preaching to the choir in the sense that I was comfor�able in recommending both as was Cauncil Member Pefierson, but you as a body can do whatever you would Eike, 1� you choose to ask the Council to recansider, you cer�ainly can do fihafi, f don't know if they will or not. But you could ask staff to come back to the Council wifh a recommendation and you can do any number of things. The former chair of this body, yau're prabably familiar wifh the procedural steps you can take but you know, if you feel compelled to do that, cer�ainly fee( fr�e." . Jeff said, "[ personally would. 1'd like to know wha# the d�ciding factor was for the ofiher City Council members to not enter into an agreement. There's a real profaund reason that they didn't." . Justin stated "K�ep in mind you had a sfaff recommen�{ation, a farmal sfaff recommendation to not pursue this contracfi." Tony Jurgens stated, "Commission�r Podoll, I'm hearing, what you WOUId IIIC� to recommend is that Council revisit this befor� the end o€ fihe year." Podoll responded, "As [ong as the price far the confiract is sfiill gaod, yeah. 1 would like ta see that ( would like to see whoever, th� staff person is, doesn't have to work an the water fiower or drink th� water that's caming out of the fower, what his thoughts were. Naw that you said� that Justin, it ma[ces perfect sense. You don'fi look ta yaur City Administrator for guidance on some things, that could be just what they did. They saw fhe administratar said na, I�t's not do this, OK, that's #ine, what he says, goes. But I fihir�k fihey should, I got a feeling unless the economy takes a real downturn [n fihe next twa years, we're nof going fio get a betfier price fihan we got right now." Tony Jurgens said, "Sa, is that a motion to have Council reconsid�r the three million gallon fiank contract, for the end of this year. Is that a motion.....to have the Public Public Works Commissian November 18, 201 �-- Page 16 Works sfaff lean on them a little bifi as far as their recammendation? Motion was seconded by Commission Member Edman. Edman stated, "1 agree th� Cauncil is nat obligated fo fook at this, but why isn'� the ultimate stafiF recammendatian, which sure p[ays a big role when yau are up here deciding things, why isn't fihat recammendation coming here? We spent six monfhs doing all this work, the ultimate deciding recommendation of staff never com�s to this body for our opinion on it, whether or not that's useful. f would say the motion shou[d be the sfiaff recommendafiion, that the Council relies upan, should be put in front of this body so we could fiormally say this bady doesn't recommend you follow fihe staff recommendation because, if fihey even read the packet, we're talking about fwo differenfi fihings, because they might think, Ryan, fihe Gity Administrator thinks we shou(dn't do it, maybe he k'nows information we don't. My understanding is he does not have ex#ra information other than what we have. Thafi is troubling fo me that the recommenda#ion isn't even befare this body." Commission Chair Tony Jurgens stafied, "I don't have much of a problem wifih that because ifi's the chicken or the egg. Who gefs it firsfi. We made our recommendation and staff made their recommendation and Council can put those together to make their - decisian. if the Cify Administrator's recommendatian came �o us, we would be batting it back and fo�th and never get it to the Cauncil," Edman said, "Unless that decision is ' made in over a two.wee{� �eriod, but we get staff's recommendations,in our packet all the time for things as insignificant as a stop sign in samebody's neighborhood. Why isn't the recommendation, fihe ultimate quesfiian, going through the process? Tha� coufd be a workshop conversation for you on how you filter the infarmation". Council Member Olsen asked, "Can l chime in? We have aur goal setting session caming up for fisaal 20�4. We're aiming for fhe last week in January or the firsf week in Fe�ruary far aur annual goal setting session and I would be happy, �s your liaison, fio bring fihat recommendation forward because I fihink what 1 hear you saying is ane of the chall�nges that you face is you've made your recommendation to the Council and you're fe�ling like that may be overlooked by �s�a�F when they put the packet together. And if that's fhe case, 1 think #hat's certainfy noteworthy and worth having a conversation about. And it may �e something as simple as the s�aff fiaison to this body, Les could be ultimately respansible for creating the staff recommendation that goes to the Council based on what he h�ars here at the body and in his own prafessional apinion versus having �o fifter that through X Y and Z bufi fihat's a conversation we can c�rtainly have abaut the way informafiian gets disseminated." Jurg�ns said, "Whafi 1 agree with, Commissianer �dman, is if the staff recommendation from Finance or Administration or whafiever it is, if fhat is knawn when we get our pack�t a�F information. Then, that sh4uld be included in what we are reviewing. That shoulc� be par� of our review proc�ss as well". Public Works Commission Nouember 18, 2013 — Page 1'7 Commission Member Smifih stated, "A concern that I want to state, I think is an obvious orte, is that fhe fiunds are th�re to be used for this praject and a concern I have venturing into the unforeseen fu�ure and other potentiaf [arge expenditures that may come up as �mergencies, fihafi al( of a sudden these funds that are available now may nofi be available in the future when the water tower possibfy fails or is on the verge of failing. To ignore the Gommission's recomm�ndafi�on is, I fihink, fi(irfiing with danger and far larger expenses #hen what the Administrator is possibly seeing. 1 fhink we have a good understanding of the City's posifion but it's troubling, [ feel, to have available funds now for this and to nof take on the projec� knowing future expenses will be higher, than or not as !ow as this. Do we know for sure these funds will be actually available for expenditur� at a future time�" Thf,E' M4TlON IS �`O /�S{C COC.INCIL TO RECONSIDLR THE MAINTENANC,E AGREEM�NT FDR THE 3 MILLl01U t�ALLDlV WATER TAMK. Mofion was unanimously carried. Edman stated for the record, "1 was as big a sk�ptic on #his thin� when it started, 1 fihought it made no sense. 1 was 100 percent against it and doing the due difigence, I '100°lo changed my mind, took a 180. 1 rolled up my sle�ves and dug into it and learned t�at it wasn't a sketchy #hing. That's what really frustrates me." . Olsen said, "The ceal ques#ion is, do you know how Commissianer Forshee was going fio vote on it?" Edman stated "He wanted me to share his thoughfs, t�n fihe record." Jurgens stated for the record, "�oing into this as a valunfieer commission�r, I'm weli aware it is fihe prerogative af the Council to vote their own canscience on these #hings, fihey don't' have to always agree with what we do and we expect there will be times when they don't." Jusfiin stated, "We do tend to get the phone calls instead of you. We're going to have to live with it ultimafely, but the vaiue we place on Commissian r�cammendations is cer�ainly not somefihing anybody should ever daubt and it's something we take very seriously because we all come from that same posifion. Every member ot yaur Council has be�n on a City commission and in some cases, mulfiiple c�mmissions.° Edman added, "f would say Justiri, th� caurtesy af telling us why you disagree with our conclusion would be much appreciated because we can look stu�id if we're all up here saying "Yeah?" let's do this an� then ifi's fihe opposite. We obviously saw this teed up for a while in fihe papers, but it would be nice to se� some follow through and to see why fihe recommendation was ignor�d". Justin responded, "When 1 vate no on any given issue, and this is just my own person�( approach fa my position on #he Council, 1 always given an expfanafiion as to why because i think th� citizens deserve that, There are athers who p�rhaps don't feef as strongly about that as 1 do and that is c�rtainly their preragative. Bu� [ agree w[fih yau, when yau choose ta not to follow a Public Works Commission Navember 18, 2013 — Pag� 18 recommendafiion, it's important to ar�iculate why you feel that way because people can certainly disagree without being disagreeable and thafi's well within the auspic�s of making policy. It daes feave a lot of roam for canfusion when you dan't expl�in yourself." 90. COMM[SSION CC)MMENTS AND REQUESTSs. None. 'i'i. ADJOURNMENT Mation ta adjourn was made by MichaeE Edman, seconded by Michael Smith. Motion was unanimousfy carried. Meeting adjourned at 8:33 pm. Respectfully submitted, �'a �1 5�ar� y