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HomeMy WebLinkAboutMinutes MINUTES COTTAGE GROVE CITY COUNCIL June 7, 2017 COUNCIL CHAMBER 12800 RAVINE PARKWAY SOUTH REGULAR MEETING – 7:00 P.M. 1. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on June 7, 2017, at Cottage Grove City Hall, 12800 Ravine Parkway. Mayor Bailey called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE The audience, staff, Mayor, and City Council Members recited the Pledge of Allegiance. 3. ROLL CALL The following were present: Mayor Myron Bailey, Council Member Steve Dennis, Council Member Wayne Johnson, Council Member La Rae Mills, and Council Member Dave Thiede. Also present were: Charlene Stevens, City Administrator; Korine Land, City Attorney- LeVander, Gillen & Miller, PA; John Burbank, Senior Planner; Les Burshten, Public Works Director; Zac Dockter, Parks and Recreation Director; Joe Fischbach/HR Manager/City Clerk; Jennifer Levitt, Community Development Director/City Engineer; Robin Roland, Finance Director; Pete Koerner, Police Captain. 4. OPEN FORUM Mayor Bailey opened the open forum and asked if anyone in the audience wished to address the Council on any item that was not on the agenda. Mayor Bailey stated numerous people had signed up; one person wished to do a community announcement, and the others wished to speak on the Amundson property. Mayor Bailey stated they’d be given the opportunity to speak when they got to that point on the agenda. Mayor Bailey invited Bev Gross to step to the podium and give her address. Bev Gross, 11040-70th Street, Cottage Grove, stated the Farmers’ Market opens tomorrow, for the 11th year. It’s every Thursday from 2:30 to 6:30, until October 12. They’re located at 70th and Lamar, across from the Lamar ball fields, at the United Church of Christ parking lot. There will be many returning vendors, along with the lunch stand providing CITY OF COTTAGE GROVE 12800 Ravine Parkway Cottage Grove, Minnesota 55016  www.cottage-grove.org 651-458-2800 Fax 651-458-2897 Equal Opportunity Employer  City Council Meeting Minutes June 7, 2017 Page 2 food and root beer floats. A child’s corner is open for crafts while parents shop. She invited everyone to attend; any questions, call 651-459-1501. As no one else wished to address the Council, Mayor Bailey closed the open forum. 5. ADOPTION OF AGENDA Motion by Council Member Thiede, second by Council Member Dennis, to adopt the agenda. Motion carried: 5-0. 6. PRESENTATIONS A. 2017 Historic Preservationist of the Year Staff Recommendation: Proclaim Brent Peterson as the 2017 Historic Preservationist of the Year for the City of Cottage Grove. Senior Planner John Burbank stated the 2017 Historic Preservationist of the Year, suggested by the Advisory Committee on Historic Preservation, is Brent Peterson. Planner Burbank stated that Mr. Peterson had also received recognition in May from the Washington County Historical Society. Mr. Peterson always likes to share the history of Cottage Grove and other communities within Washington County. He also makes sure that items regarding Cottage Grove’s history are preserved. Mayor Bailey read aloud the proclamation of Historic Preservationist of the Year to Brent Peterson for his efforts to document, preserve, and share the interesting past history of Washington County, Cottage Grove, and surrounding communities. Mayor Bailey presented him with his plaque, and he and the Council Members thanked him for his service and congratulated him. Mayor Bailey asked Mr. Peterson if he wished to speak; Mr. Peterson thanked the City Council, staff, and the community of Cottage Grove. He stated it’s important to understand our heritage and preserve it. 7. CONSENT AGENDA A. Approve the May 17, 2017 City Council Regular Meeting Minutes. B. Approve the May 23, 2017 City Council Emergency Meeting Minutes. C. Receive and place on file the minutes from the April 24, 2017 Planning Commission meeting. D. Authorize issuance of a single occasion gambling permit to the Cottage Grove Lions to conduct a raffle at River Oaks Golf Course on 9-19-17. E. 1) Adopt Resolution 2017-073 terminating the Grange/Hadley Water Tower Lease Agreement with Clear Wireless LLC at the lessee’s request per the conditions of the lease. 2) Adopt Resolution 2017-074 terminating City Council Meeting Minutes June 7, 2017 Page 3 the Meadow Grass Water Tower Lease Agreement with Clear Wireless LLC at the lessee’s request per the conditions of the lease. F. Pass Ordinance 981 modifying City Code Title 4-3-2 shortening the length of time to abate long grass and weeds from ten (10) days to five (5). G. Adopt Resolution 2017-078 approving a variance to City Code Title 11-3- 3C, Accessory Structure Setbacks, and Title 11-3-3E, Miscellaneous Requirements, to allow the proposed 2,500 square foot accessory structure to be approximately 270 feet closer to Kimbro Avenue than the proposed residential structure at 9744 Kimbro Avenue South. H. Adopt Resolution 2017-077 approving an interim conditional use permit allowing one temporary structure (tent) of up to 30-foot by 50-foot in size to be placed in the southwest corner of the property located at 8690 East Point Douglas Road. I. Adopt Resolution 2017-079 approving submittal of documentation to the State of Minnesota for the 2018 Capital Bonding process for construction of the HERO Center, and approving and verifying that neither the City of Cottage Grove nor the City of Woodbury are submitting another project in the 2018 Capital Bonding process. J. Approve acquisition of Executime Workforce Management Scheduling and Time and Attendance software. K. Adopt Resolution 2017-081 accepting the donation from LSP to the Economic Development Trust Fund. L. Adopt Resolution 2017-082 awarding the 2017 Trail & Parking Lot Seal Coating and Crack Sealing Project to the lower accepted quote supplied by MEIGS Asphalt & Emulsions for $62,649.14. M. Approve Change Order #1 in the value of a $51,850.62 addition to the East Point Douglas Road & 80th Street Intersection Improvements project. Motion by Council Member Mills to approve the Consent Agenda, second by Council Member Thiede. Motion carried: 5-0. 8. APPROVE DISBURSEMENTS A. Approve payments for the period of 5/17/17-6/8/17 in the amount of $1,488,875.25. Motion to approve disbursements by Council Member Johnson, second by Council Member Dennis. Motion carried: 5-0. 9. PUBLIC HEARINGS – None. 10. BID AWARDS – None. 11. REGULAR AGENDA A. Liquor Compliance Check Violation - Underage Sale City Council Meeting Minutes June 7, 2017 Page 4 Staff Recommendation: Impose the scheduled penalty for the Eagles Bar and Grill’s 1st violation in a 24-month period of a $500 fine and a one-day suspension, or, at the City Council’s discretion, in lieu of the suspension, the participation of employees in an educational program approved by the Public Safety Director. City Clerk Joe Fischbach stated the Cottage Grove Police Department completed alcohol compliance checks on May 12, 2017, for any business in the City with a liquor license. They were assisted by two underage buyers, who provided identification if asked; they tried to buy alcohol from each establishment in Cottage Grove. One business failed, that being the River Oaks’ Eagles Bar and Grill. Parks and Recreation Director Zac Dockter was present to discuss what had taken place since that violation occurred. City Clerk Fischbach advised the employee had been terminated, and steps had been taken to ensure the violation did not happen again. The recommendation is River Oaks receive a $500 fine, plus approval of an educational program, as approved by the Director of Public Safety. Director Dockter stated a mistake was made, and they’re obviously disappointed. He stated they were fortunate that it was caught by an officer so it gave them an opportunity to correct their processes and the way the business was run. Since that time, he and Molly Pietruszewski, the acting Food and Beverage Manager at River Oaks, took two separate courses. They formulated a new training policy, a new identification process, and implemented a training program to go along with that. All employees have been retrained and the training’s been documented. There’s also new, improved signage by the registers. Motion by Council Member Dennis to impose a $500 fine and training for the Eagles Bar and Grill, second by Council Member Thiede. Motion carried: 5-0. B. Strawberry Fest Events Staff Recommendation: Authorize 2017 Strawberry Fest events on public property contingent on compliance with staff recommendations. Council Member Thiede stated the Strawberry Fest will be held at Kingston Park from June 15 to June 18. He read off all of the many events; there will be something for everyone, including a parade on Saturday with a new route. There will be bands in the evening, a variety of foods and beverages, and he guaranteed everyone will have a good time. You can get more information at www.cottagegrovestrawberryfest.com. Mayor Bailey stated its Cottage Grove’s community festival, and there will be strawberries for sale. The new parade route will start at 80th Street and Jamaica Avenue, go down Jamaica Avenue to Indian Boulevard, and then will end at the Cottage Grove Middle School. City Council Meeting Minutes June 7, 2017 Page 5 Council Member Thiede stated the business expo has been changed to the Strawberry Fields Marketplace. They’re working to get more craft booths there, and it will be a shopping destination with great deals. Mayor Bailey stated this festival is not run by the City; the financial contributions are made by Cottage Grove citizens and local businesses. Motion by Council Member Thiede, second by Council Member Mills, to authorize 2017 Strawberry Festival events on public property, contingent on compliance with staff recommendations. Motion carried: 5-0. C. Concept Plan – Amundson Property Staff Recommendation: 1. Open the floor for new public comments on the revised concept plan. 2. Provide direction to the Applicant on the revised concept plan. 3. Adopt Resolution 2017-080 approving the concept for the phased platting of 132 lots for detached single-family homes on three parcels of land totaling 64.7 acres as planned development overlay. Senior Planner John Burbank stated this application is typical prior to any subdivision activity where it involves zoning or land use changes. The area is located south of Woodbury, east of Hadley Avenue, and west of the Silverwood neighborhood. There are three parcels involved, 64.7 acres. Since the Planning Commission meeting, the Applicants have revised the Concept Plan. There are 132 lots proposed. It’s a wooded property with steep terrain and there’s an intermittent stream. The existing land use for the property is low-density residential, which is one to four dwelling units per acre. The existing zoning of the property is R-2, residential estate, which has a minimum lot size of 1.5 acres; currently, a lot of those properties are private well and septic, but this property is within the Metropolitan Urban Service Area (MUSA), so they’ll be developing properties to be included on public utilities. There are also parcels to the south and west of the site, which are in the R-1 zoning district, which has a minimum lot size of three acres. With the revised lot distribution, there are (55) 55-foot lots, (49) 65-foot lots, and (27) 75-foot lots. He reviewed road connections, trail connections, and park and open spaces. The green space is just under 40 acres, including steep slopes, tree preservation areas, and pond areas. There are existing nature trails on the property, which will be continued as part of the development. The Planning Commission recommended that the lot width be an average of 80 feet. Discussion between Council Members and Planner Burbank about how the sizes of the lots had changed since originally brought before the Planning Commission, if the larger lots would have larger garages, which is something they’d previously tried to stay away from, including packing little lots into that area, and what the price points would be for those lots. Planner Burbank stated he did not know about the potential lot prices. Mayor Bailey asked if should the other parcels sell and development occurs to the south, if the intent was to have a roadway that would go to 65th Street; he was advised that was correct. Mayor Bailey asked the Applicant to come forward. City Council Meeting Minutes June 7, 2017 Page 6 Paul Robinson, the Development Manager for The Bancor Group, 5433 Dupont Avenue South, Minneapolis, stated he and Dave Newman, the President/Owner of The Bancor Group, were present. Dave has 30 years of experience in developments, and Paul has worked with him for the past 15 years. Bailey’s Arbor and Woodhaven, in Woodbury, are two of their projects. Mr. Robinson stated they look at existing conditions of the site, infrastructure, and the City’s goals. The City’s zoning districts that would be permitted in the site are R-1 through R-4, and they chose R-4. They looked at coming up with a Concept Plan that would comply with the City’s tree preservation ordinance; they’re trying to reduce the overall development footprint. The market conditions right now are smaller home sites, but owners also want some open space. Regarding prices for the lot home packages in this development, most will be in the $400-$500 range. Mr. Robinson stated they had mainly two housing types, the Villa and the single-family. They previously had detached townhomes, but those have been removed. They’re looking at lower-profile homes, one story to one-and-a- half stories versus a two-story. Open space comprises 40% of the site, which is very significant as it’s not that common. He reviewed that there would be trees removed as part of the project. The intermittent stream has areas of erosion; they’ll restore portions of the stream bed. In areas that were previously farm fields, they’re proposing to reforest those areas with bare-root trees and root production trees. He stated that all of the lots are about 120 feet deep; the ones adjacent to Silverwood are 140 feet. Mr. Robinson thanked the Council and stated he’d take questions. Council Members asked about relocation of some of the various lot sizes and/or changing the lot sizes. Council Member Mills thanked Mr. Robinson for his efforts to save many of the trees and asked whether the larger 65- to 70-foot lot sizes could be moved over to the east side of the development adjacent to the Silverwood development to create a more gradual shift to the smaller lots. Mr. Robinson stated if they increased the lot sizes, the number of proposed homes would be decreased. Mayor Bailey thanked them for trying to preserve the green space as much as they had; he asked if there were plans for any type of park space. He was advised that there were not any plans but there’s definitely plenty of space for that if the City wanted to have one there. Mayor Bailey asked about the different housing types, if Bancor worked with other developers and home builders; he was advised that was correct. Mr. Robinson stated they’re a local developer, not national, but they work with both national and local builders. Mayor Bailey opened the floor to citizens to offer their comments: Douglas Sandvos, of Woodbury, stated he and Mary Beth Crowley have been neighbors of Cottage Grove for 23 years. He stated they’re concerned that the land City Council Meeting Minutes June 7, 2017 Page 7 behind their house, facing Mr. Amundson’s property, is mostly straight uphill. He showed some photos of their property, toward the Amundson property, stated they feel this is a threat to the watershed. The land slopes off rather quickly, going to the east. He felt the watershed from such a high-density development would displace huge amounts of rain, would be a major threat in spring melts, the water would all wash toward their home, go across their property, and threaten their neighbors down the road. There’d be a serious risk of flooding. The surrounding property is all heavily- wooded acreage. He felt a tremendous amount of wildlife would be displaced. He stated they don’t understand the rezoning. He stated the increased traffic with 132 homes would be significant. Rick Sandri, 6186 Hearthstone, Cottage Grove, stated he lives in the Silverwood development. With the revised plan, his potential back neighbors have been reduced from five to four. Their lot is not a perfect rectangle, but that would put four neighbors behind them, plus two on the sides, which would move them back up to a minimum of six neighbors immediately adjacent to their property. He thought that the 80-foot lot size is a minimum that should be looked at, as was recommended by the Planning Commission. He asked that that be considered, but agreed that it should be kept at the 1.5 acre historic establishment that exists right now. There’s an area in Cottage Grove that has a larger land area, and it’s set up for the less-dense housing; it could be developed that way with a prudent developer, to take advantage of the land. He felt it should be kept in the 1.5-acre setup, at a minimum, as he felt that would benefit the entire area. With more dense housing, there’s still traffic coming across into well over 100 houses. The only other exit is on Hadley. There’s a possible exit at the bottom, which is only conceptual. He stated the plan was completely backwards from any logic. He felt they should keep that part of Cottage Grove the way it’s been for a long time and preserve that area. Rob Cook, Silverwood development, Cottage Grove, stated he’s a Board Member of the Silverwood Association. They try to keep up home values in their area; they don’t want the dense homes that are being proposed and would prefer a development with bigger lot sizes in that area. Al Dressley, 6255 Hadley Avenue, Cottage Grove, says his road is referred to as “rollercoaster road.” He built his home in 1993 on three acres. There’s a proposed trail across Hadley Avenue, which he feels is an accident ready to happen as pedestrians won’t be able to see any cars coming from the north, over the hill. He spoke about the nearby terrain and concerns he had with proposed changes to it. He agrees that there should be some development with the Amundson property, but he asked that they respect his property boundaries also. Tina Bednar, 6242 Hearthstone Avenue South, Cottage Grove, stated this Concept Plan directly affected her family, as there would be two homes right in her back yard. She appreciated the treeline that was added to the plan as a buffer. She and her neighbors are concerned about the traffic that would be coming through their development; there City Council Meeting Minutes June 7, 2017 Page 8 are many children in the neighborhood and is concerned for their safety. While they’re not opposed to some development, she hoped they’d build a similar type of neighborhood instead of tightly-packed homes, as it would affect their property values. Art Lathrop, 5899 Deer Trail Circle, Woodbury, stated he lives in the neighborhood to the north of this proposed development. He stated Hadley Avenue, which turns into Woodlane in Woodbury, currently has approximately 20 homes on it; he stated with this development there are going to potentially be three times the homes on Hadley than there are currently. Mr. Lathrop stated Hadley is not a very safe road for any volume of traffic. He reviewed many of the surrounding lots, developed in the last 10-to-20 years; those lots are 1.5-to-3 acres, with the development to the northeast averaging 2 acres. He appreciated that they’d chosen not to develop a lot of the wooded area, but they’re still trying to squeeze in two houses per acre, which he thought was ridiculous. Darold Cranston, 5774 Woodlane Drive, Woodbury, stated he agreed with many of the previous comments. He felt it was not a bad development, but he didn’t think this was the area in which it should be located. He also felt it could be developed differently with larger-sized lots. He felt the City had to decide if they wanted a rural area with open space; he felt it was a pristine area, which is why he had moved there. The Applicant, Mr. Robinson, stated he realized this might not be the perfect solution for everybody; he felt they could reduce the lot count along the border with Silverwood by two, to get the 65-foot lots. Mayor Bailey asked the Council Members for their thoughts. Council Member Thiede felt the woods was a beautiful area and appreciated that they were looking at preservation; however, he felt there were some valid traffic concerns and challenges with this development, and felt there were too many houses proposed. Council Member Johnson asked what direction the City was looking for as far as the type of housing we wanted in Cottage Grove. He stated the only types of land available in Cottage Grove for developments with homes include trees and farms. He asked where they should draw the line. He stated if there were environmental and safety issues, including issues with the water flow, those needed to be addressed. Council Member Dennis stated he was having issues with this development, as it’s a very unique area. With the location and the road access issues, he didn’t feel he could support it. Mayor Bailey commented on several issues raised: Regarding street access, he felt that was not an issue with only two streets, as that’s the same number as the Silverwood development currently has. He stated he didn’t see this as a high-density situation, as he considered those twin homes, townhomes, and apartments. In the past, there had been many more houses being proposed in that area and a lot more trees being removed. He felt this developer was looking to come in and save trees and the City Council Meeting Minutes June 7, 2017 Page 9 ravine and save some of the local amenities. Mayor Bailey felt regarding safety, they’d have to take a look at Hadley Avenue to make sure that road will be capable of handling the increased traffic. Mayor Bailey stated he was comfortable moving the concept forward and letting the developer fine tune some of the development opportunities. Council Member Thiede stated there were plenty of places remaining in Cottage Grove that would be fitting for higher density single-family homes, even the property a little further to the east. He stated the property to the south of it, near 65th Street, needed to be developed at the same time to have proper access to the development. In his opinion, he felt it just wasn’t the right location. Council Member Johnson stated he knew there were a lot of people who had voiced their displeasure, but as a City how do we go forward? We need to have some rules, be aware of environmental and safety issues, and if it works within the City plan. He felt those should be the guidelines going forward. Community Development Director/City Engineer Jennifer Levitt stated what was before the Council was a Concept Plan; the developer hasn’t had an opportunity to address many of the concerns that had been raised about drainage and environmental issues. The developer did not elaborate on it, but this developer had developed Woodhaven in Woodbury; Woodhaven had a lot of unique challenges regarding watershed and storm water management. They worked very closely with the City of Woodbury and the City of Cottage Grove to ensure that their project actually improved the situation for the City of Cottage Grove. They’d demonstrated that they’re a great partner to work with Cities’ concerns, they worked well with the Watershed District, and they’re willing to think outside the box to find solutions. She was confident if the developer was given the opportunity to return with a preliminary plat, they’d be able to demonstrate clearly how they could manage the storm water, how they could ensure the runoff is not going to be damaged, and they could talk about the associated road improvements. The roads are in the CIP, but would have to most likely be accelerated and that could be discussed. The preliminary plat would give the opportunity to address those concerns. The developer is meeting the rules in the Comprehensive Plan; he’s providing two units per acre, and he could go up to four. Council Member Thiede felt the whole development should be 65-foot lots; the Planning Commission had recommended 80-foot lots. Going to 65-foot lots would at least give a little more room. Mayor Bailey asked what the lot sizes were on Bailey Road in the development in Woodbury. Mr. Newman, Bancor Group, stated that in Bailey’s Arbor the overall density was over four units an acre. The lots range from townhomes, back to back, with the largest lots 90 feet wide; there was a wide spectrum of housing. Mayor Bailey asked Director Levitt because the concept was going to be revised if they could make the motion with 132 lots; Director Levitt stated the width of the lots was City Council Meeting Minutes June 7, 2017 Page 10 critical. If you’re proposing a minimum of 55 feet or if you’re proposing a minimum of 65 feet, that’s a key element that the developer needs to know going forward. Council Member Thiede stated depending on where it is it may fit; he didn’t think the 55- foot lots fit on the west side. Mayor Bailey confirmed that Council Member Thiede was not against 55-foot lots, but he maybe wanted them distributed differently on the project. Motion by Council Member Thiede that the minimum lot size on the west side should be 65 feet and to allow 55 feet on the east side of the creek. No second. Motion failed. Planner Burbank asked if it was an average of 65 feet or if it was 65 feet minimum; he was advised it would be 65 feet minimum on the west side of the creek. Motion by Council Member Mills to have the direction of some of the things already mentioned with removing some of the lot sizes on the east side, to make those slightly larger, and finding a way to switch it so the 55-foot lots are tucked in more centrally, if at all possible. No second. Motion failed. Motion by Council Member Johnson to amend and adopt Resolution 2017-080 to move forward with the minimum lot size of 55 with taking into consideration what was brought up as far as removing some of the lots on the east side to allow for an increase to 65- foot lots as discussed, and exploring the best options there but removing the 80-foot requirement of the Planning Commission and making it a minimum of 55. Second by Council Member Mills. Motion carried: 3-2 (Nay Council Members Dennis and Thiede). 12. COUNCIL COMMENTS AND REQUESTS Council Member Mills stated the next Fare for All will be on June 15, at the All Saints Church in Cottage Grove. It’s open to the public to purchase meat packages, produce, etc., at a discounted rate. Council Member Mills stated that June 21 is Make Music Day, an international celebration of music. The Cottage Grove Arts Commission is hosting an event at Kingston Park that day, which will be a family-friendly event with harmonicas and live music. She invited everyone to attend. Council Member Mills wanted to encourage Cottage Grove citizens to think of ways to come together and conserve water and appreciated those who have already come forward with ideas and are helping their neighbors. Council Member Dennis stated he was hoping for rain. Council Member Johnson asked the Council what could be done to start eliminating discussions as far as having a better cut-and-dried yay/nay as it fits into the scope that the City has set in place. City Council Meeting Minutes June 7, 2017 Page 11 Mayor Bailey stated earlier today, June 7, there was an open house and a presentation made by the Minnesota Department of Health and the Minnesota Pollution Control Agency regarding the water situation in Cottage Grove. He stated there’s an opportunity for citizens to be aware of Code Red; Code Red is an emergency notification system that will be used to send critical information messages, possible evacuations, if necessary, or notices of missing child alerts directly to your home phone, as well as your cell phone, if you so choose. When 866-419-5000 is displayed on your Caller ID, you will know that is Code Red. Simply dial the number back and you will hear the message. You can sign up for Code Red at the City’s website www.cottage-grove.org and click on the Quick Links on the left-hand side. You will then receive future notifications. Mayor Bailey stated many people had asked how the City is communicating with the public, as there had been some concerns from people who didn’t get the information on the issue with the water. Here are the ways the City communicated with residents:  Press releases; one was immediately sent out to the media (the Bulletin, Pioneer Press, Star Tribune, KDWA Radio, and South Washington County Cable). A watering ban was put into place;  The City website, www.cottage-grove.org, will be updated periodically, along with links to news releases, frequently-asked questions, messages from the Mayor, and the fact that letters were sent to residents as there are new Minnesota Department of Health levels that are affecting the City of Cottage Grove;  Facebook, on the City, Police, and Fire pages;  Code Red announcement;  Next Door Postings were done on May 24; Cottage Grove has 31 neighbor groups who are set up on Next Door. All of those neighborhoods are notified, so to sign up, you can go to the City’s website;  A special Mayor’s Moment, and they’ll continue to do that going forward with weekly updates, if necessary, to keep the public informed;  Bulletin newspaper editorial was done on May 31.  Letters were sent to the pavement management neighborhoods to allow special permission to water the new grass seed that was planted in those particular areas. Some Woodbury residents who use Cottage Grove water were also sent letters, and they’re part of the same ban.  Businesses were sent letters on May 31, homeowners’ associations were sent letters on June 5, and they’ve now sent letters to residents that will hopefully be in all homes (11,000) by the end of the week.  Educational door hangers were done by Public Works, Public Safety, our Code Enforcement Officer, and the Parks staff. Cottage Grove is looking to get at least one well, possibly two, with filtration systems, up and running. Once that happens, they’ll be able to start easing off the water restrictions City Council Meeting Minutes June 7, 2017 Page 12 to make sure that the water is safe to drink. The water in your homes is currently 100% safe to drink; the watering ban and restrictions are in place because the number of wells in Cottage Grove has been reduced from 11 to three or four. 13. WORKSHOPS – OPEN TO PUBLIC – CONFERENCE ROOM A. Water System Update Mayor Bailey stated this was workshop was an update on the Cottage Grove water system. A variety of guests from the Minnesota Department of Health (MDH) and the Minnesota Pollution Control Agency (MPCA) were present, and he asked them to introduce themselves. Present were: Kirk Koudelka, Assistant Commissioner, MPCA; Gary Krueger, Supervisor, MPCA’s Superfund Program; Kathy Sather, Director, Remediation Division, MPCA; Tom Hogan, Environmental Health Division Director, MDH; Jim Kelly, Manager, Environmental Health Division, MDH. City Administrator Stevens stated there’d been some misinformation about the water situation in Cottage Grove. She stated on May 22, the City was notified that 8 of the 11 wells no longer met the health-based values for PFCs and PFOAs. The staff immediately took steps to address that, wells were taken offline, and they started blending with the remaining wells to meet the health-based values to deliver water to homes. Residents were immediately notified of the water ban; Council was asked to enact an emergency water ban so we could ensure the delivery of drinking water and meet capacity. They’ve been working on a solution to restore capacity to the City. The temporary costs incurred will be reimbursed through Superfund and emergency funds. Engineer Levitt stated there are 11 wells in Cottage Grove; actions were immediately taken to be compliant with the new health-based values set by MDH. There were certain wells that had to be taken offline; Wells 2, 3, 4, 6, and 10 are offline. Wells 1, 9, and 11 can be operated to their full capacity. We cannot run Wells 5, 7, and 8 at their maximum capacity; they need to be blended so we can’t maximize the full gallons per minute that they can pump. There are three pressure zones: high, intermediate, and below pressure. Our main well field is located in the intermediate zone; it can be pushed up to the high zone and can also push water to the low zone. Our main well field has taken a great hit; we’re operating on the full capacity of Well 9, and are blending Wells 5, 7, and 8 together. The operating plan has been approved by MDH; they tell us how much we can pump from those wells and for how long. That’s what ensures water provided to the residents of Cottage Grove meets all health-based values. Well 11 is operating at its full capacity. Issues that we start to see are in the low zone; there are four places where water moves from the intermediate zone down into the low zone. Well 1 is at full capacity, but it’s a small workhorse; it’s only holding 600-to-800 gallons. Well 2 is offline. The big workhorse is Well 10; that provides the water to serve the low zones. Well 10 is 1,500 gallons per minute. Right now, we’re looking at how to restore full capacity to the City to City Council Meeting Minutes June 7, 2017 Page 13 ease the pumping burden. There are two things that need to be done: Well 10 is the most critical piece, so we need to bring Well 10 back online because the low-pressure zone needs to have that capacity. Well 3 has one of the highest concentrations of PFCs. If we could add Well 3 at full capacity and blend with the other wells within the intermediate pressure zone, we can restore capacity. Citizens are wondering why there’s a watering ban. The City, even in its reduced capacity, could probably make it work for a good point of time regarding how many gallons can be pumped. The problem is right now we cannot support the peak; that means on a maximum day when everything’s going strong, we can most likely not supply that peak day. That’s why there is a watering ban. We do not want to run this margin so tight that we force our system to have to kick on wells that have higher concentrations of PFCs. Based upon our factor of safety and imposing the watering ban, we can ensure that we can deliver water within the health- based guidelines. There are temporary treatment locations proposed at Wells 3 and 10. The tanks being brought in for temporary treatment are not small; they’re massive tanks and there are lots of them. The PCA is using all of their resources to look across the country and find us tanks for treatment. Right now we have all the tanks proposed for Well 10 en route to the City in two weeks. We’re looking for other ones to facilitate Well 3. Well 10 has a lot of challenges; it’s located on a postage stamp, on 95th Street. The land surrounding it is owned by CP Rail. We only have 100 feet of property on one side and 92 feet on the other; there’s only 43 feet to the property line on one side and only 36 feet on the back. How are we going to facilitate all of these tanks fitting on a postage stamp? Last Friday, the design team from Stantec was on board, as were the PCA and the MDH. We have a design that would typically take us six months, and we need to do it in six days. With any design that’s done, we can’t cut any corners. We need all the permits from the PCA, MDH, Metropolitan Council, but we have to accelerate everything critically. The State agencies will expedite all of our review processes needed. Werner Electric has said they know the City needs a temporary easement for the facility; send us the document and we’ll sign it. CP Rail has said they’d give us an area to lease from them for the temporary building we need to bring to the site. Werner Electric and CP Rail have been great community partners, although they don’t get publicly recognized for their aid. Engineer Levitt said the proposed treatment facility building will be a very large steel building; the tanks will be so large that we’ll have to recess the floor of the building to get clearance for all the piping on top. The slab that the tanks will sit on will be three feet below the surface and the top clearance is 16 feet. All of the water will go through vessels and be treated. It has to be brought back to the well house, after it gets carbon filtration, and it will get chlorine and fluoride treatment added to it, and then it will be City Council Meeting Minutes June 7, 2017 Page 14 discharged. When this is done, Well 10 will be restored to full capacity, 1,500 gallons per minute, and we’ll be able to bring that back online. At the site, a silt fence is already in. They’ve actually dug a sub-grade correction, bringing granular material, and we’ll be prepared by Monday to actually pour the slab and the footings. These tanks are about two weeks out for delivery to Cottage Grove. Engineer Levitt said that constructing the building will be slightly delayed because Morton can only fabricate the panels and get us a building by approximately the first part of October. In the interim, these tanks will actually be sitting out, with exposed piping, on the slab, and there will be a security fence. There will be a very detailed security plan for the site, including cameras and security. The second Well that’s being proposed is Well 3; there’s lots of land, flat areas to start the construction, and its anticipated work at Well 3 will probably start in the first part of July. The tanks will probably be in place by early September. The question is if Well 3 should just be used during the summer months or if it should be enclosed and used year round. Engineer Levitt stated there are many things that need approval by Council for Well 10: Variances for setbacks, variances for the building type of material, the coverage. We’d have to essentially grant ourselves a Conditional Use Permit to build this. At the June 21 meeting, Council will be able to review the project and, under emergency orders, be able to grant the City permission to complete the structure and move towards treatment. Council Member Thiede stated he had an issue with the emergent nature of the water health hazards and that we had to immediately meet the guidelines with the ban. He felt perhaps the City hadn’t been provided with the necessary information and now the water isn’t safe. He had difficulty seeing the justification for the MDH coming out and saying this is the new guideline and you’ve got to meet it. Mr. Kelly advised the information was provided to the City of Cottage Grove and other communities as soon as they became aware. It was provided as guidance; these are not regulations and the City was not obligated to take these actions on an immediate basis. He believed the City took action in order to be transparent and to share the information the MDH had. The health risks described are to protect against long-term exposure to these chemicals, and shorter-term exposures with minimal health risks may occur if other wells need to be used to meet demand. They felt they had an obligation to share the information and work with the City on its response. Council Member Johnson asked how long they’d probably been at these levels; Engineer Levitt stated PFCs were identified in 2006. Council Member Johnson asked if it would be a catastrophe to go another three-or-four months to be prepared for this, as opposed to deciding right now to fix the problem, and if there would be significant health issues. Because it’s a long-term situation, he asked why the water needed to be shut down immediately or supposedly something bad would happen. City Council Meeting Minutes June 7, 2017 Page 15 Council Member Dennis stated it couldn’t be at a worse time of year, people are going to be affected, and things will be impacted; for example, a major fire right now in the community. He and many other people felt the City got blindsided in this. Council Member Dennis asked when the information was found that they had started to bring forward. He felt there was a lot of the story that we didn’t have; they were basic management principles, and he felt that’s why everybody here was so upset. He said he’d love to hear what they had to say about that. Mr. Kelly stated they’d been working on this issue since the EPA issued their values a year ago; they announced publicly that they were initiating their own review of these chemicals, as they’re obligated to do. They kept their partners and colleagues informed of these activities. Much of this work takes place within the Department, as they get closer to finalizing the values. It took nearly a year of research to review the studies and develop the methodologies to be able to evaluate the types of exposures described with the new health-based values. As soon as they were getting toward the end of that process, they started informing their colleagues. Council Member Dennis asked who their colleagues were; he was advised the PCA and the local communities. Council Member Dennis asked if that was the State Representative or the State Senator, as they had advised they didn’t know anything about this. Mr. Kelly stated the notifications were issued and they met with the individual communities; in fact, a few days before they were finalized. Council Member Dennis asked what the exact timeline was and the date on which that occurred. He was advised it was on Monday, May 22. Mr. Kelly stated that the City can’t turn a blind eye to the information, and it’s a difficult decision but one that had to be made. Council Member Johnson asked what the long-term health implications would be and what the case history is over all of the past years. Mr. Kelly advised the information is based on animal studies; that’s traditionally how a risk assessment is done in this country. In addition, there are also studies that have looked at human exposures to these chemicals and communities that have been exposed for many, many years. There are studies that suggest links between exposure to some of these chemicals and associations to several kinds of cancer and other effects on adults. They’re trying to limit exposures to chemicals that would be protective of the entire population, including developing fetuses and young infants. The chemicals are unique; the history doesn’t exist because we didn’t know about these chemicals until the early 2000s. There’s very little history to build upon, but there’s enough concern. Evaluations that needed to be done have been done to try to determine safe levels of exposure over time and that the levels would not approach levels that would be of health concern. Council Member Johnson asked if it was a small portion of the population that would be affected; Mr. Kelly stated it was essentially females from birth to the end of childbearing age, so it’s about half the population but they had to protect all of the population. Council Member Johnson asked if they knew what effect it was going to have on the population if they’re at this level of exposure; he was advised exposure is cumulative City Council Meeting Minutes June 7, 2017 Page 16 over time. Six months of exposure would add to the body’s burden of these chemicals. The half life, the amount your body can clear, is on the order of three-to-five years. Any additional exposure, especially for young children, would be present in those bodies for virtually the rest of their lives. Actions that can be taken to reduce exposure to the developing fetus and the young infant are most critical to prevent their serum levels from starting to rise from that very young age when they’re most vulnerable to the potential health effects. Council Member Thiede asked if a carbon filter on the sink would take care of it; he was told that filtration with carbon can be effective, whether on a large or small scale. It’s most effective to treat the community wells and remove it at the source. Council Member Thiede stated they could continue to take care of the wells but not shut everything down. Administrator Stevens stated they looked at the ability, the logistics, and the costs of trying to deliver and install individual carbon-filtration systems; however, that option didn’t seem to be the most feasible, efficient, or effective way. It’s a municipal water system, and there’s an expectation that the water is going to be safe to drink. Council Member Johnson stated it’s not like we have an oil leak in the water where it would make sense to shut it down immediately; this is something that’s been around for 12 years, but if we don’t shut it down now and go three more months, it will cause significant health risks. Mayor Bailey stated if the City had sat on this and it came out, each of us on the Council would have been lynched. Council Member Thiede stated we wouldn’t sit on it, we’d say we have a definite plan. Mayor Bailey said we told the people of Cottage Grove that the water was not safe to drink, as identified by new technology. So, to not act on that would be a disservice to the citizens, although the summer timing is horrible. Mayor Bailey asked by acting quickly on Well 10, if everything goes according to plan, when they thought Well 10 would be up and functional. Administrator Stevens stated Stantec believed it would be about eight weeks for it to be functional; it would take us until the end of July for it to be functional, barring any substantial rain. Engineer Levitt stated the week of July 24 was when they hoped they’d be able to operate it, have MDH test it, and certify us to go live. Mayor Bailey asked what would be the long-term solution; with the temporary solutions with Well 3 and Well 10, we have multiple other wells that don’t meet the current health- based guidelines. We can obviously blend with the other wells, but he wanted to know the long-term strategy at this point. Administrator Stevens stated they had to work through the design, cost, and cost recovery, but that would be a municipal treatment facility. These are temporary facilities, two-to-five years, and it’s not feasible to put that type of a system on each well; City Council Meeting Minutes June 7, 2017 Page 17 they believe they’d have to design and construct and potentially negotiate with 3M as to what their responsibility would be with that. Mayor Bailey asked if there was any idea on the cost of a treatment facility; Administrator Stevens stated at this time they don’t even have an estimate. Council Member Johnson asked about a previous study done involving the river; Engineer Levitt stated the study he was referring to was done by the Metropolitan Council to look at secondary water supply actions in Minnesota and part of Washington County due to pollution issues. The idea to go to the St. Croix River and Mississippi River and connect to St. Paul really wasn’t feasible. Even when looking at treatment scenarios in Cottage Grove, the most economical solution would be to provide the water than going to those other sources. It would also be the most expedited process. Engineer Levitt stated they could also look at other wells and how we could bring efficiency and add capacity to the system. Council Member Johnson asked if the eight-week timeframe was brought up in the meeting. Administrator Stevens stated that’s what they’re sharing now, as they just got that information late this afternoon when working with Stantec. The eight weeks includes the time for materials to arrive, etc. That’s not to have it enclosed; that’s just to have it up and running. The enclosure would occur in October, as this has to be run year round, so it has to be enclosed. Council Member Johnson asked if the letter to the citizens gave a timeframe; Administrator Stevens stated she thought it had said July. If it can be accelerated, it will be accelerated, but that’s the most conservative best estimate. Administrator Stevens said they’d still most likely need to have odd-even watering restrictions, but they need to look at if they can even handle that or if it would need to be done differently to make sure they have capacity for peak demand. Council Member Thiede stated he’d like suggestions or recommendations on what types of household water-filtering could be helpful. Mayor Bailey asked what was being done for residents with private wells with water-filtration systems; he was advised the PCA in conjunction with the MDH is continuing to test residential wells, and they’re recommending they filter their water. Council Member Thiede felt the recommended filtering systems information should be put on the City’s website. He was advised it’s on the MDH’s website, which can be accessed from a link on the City’s website. Council Member Johnson asked what would happen if everybody started sprinkling at the wrong time and if would just stop getting water to any of the homes. He was advised that’s possible, if the tank levels dropped to a level where they wouldn’t be able to supply and it would be a water pressure issue. It could also possibly pull in contaminants, which would be significant. The public would be notified if that occurred. City Council Meeting Minutes June 7, 2017 Page 18 Mayor Bailey asked Harry Taylor, Public Works, if lowering of the pressure could cause dirty water; Harry stated hydrants are flushed twice a year to get the iron out. With the water restrictions, they’re not getting as much movement so they’re going to build up more iron in the water but it shouldn’t be an issue. Council Member Mills stated she didn’t think the City really had any other choice but to do what needed to be done. She stated its affecting people who garden, and for some, that’s a lot of their food; she stated that’s going to be difficult for them. She felt if the MDH is looking at this we should consider some of the other factors, as it’s impacting our community drastically, and unfortunately it’s not raining. Council Member Johnson asked how this affects the parks with sporting events throughout the summer; Director Dockter stated they’re just not irrigating them. Director Dockter stated the Athletic Association is aware for their tournaments, and they’re dealing with it as it comes. Mayor Bailey asked if there were any other studies being done right now on PFCs that could be coming down the road. He was advised it’s a very active area of research; in April alone there were 90 published papers on various aspects of these chemicals. They’re reacting to the EPA’s documents that were released last year, a summary of studies up to that point. Do we anticipate more changes to these values? The answer at this time is no, but science keeps moving forward and as we learn more, we’re obligated to react. Mayor Bailey asked Public Works about water for gardens and if there were options for us to provide the opportunity for people to go fill up their buckets, etc., like rain barrels, for serious gardeners. He suggested it was just something to think about. Administrator Stevens stated they’d address the Council again at the June 21 meeting, asking for a myriad of variances on this site; they won’t be going to the Planning Commission, as under the Emergency Procedures, the City Attorney has advised that we don’t need to do so. They’re also working with the PCA for an agreement for the reimbursement and how that will be done. They’ll be working on a Joint Powers Agreement for the operation of the system and those operating costs. It might be done in phases, with Well 10, and then later it will include Well 3. Administrator Stevens stated they’d continue to educate the public, but if they don’t see compliance, they will move toward enforcement with citations. They just need to determine how those would be handled. Captain Pete Koerner stated he spoke with the City prosecutor, Joe Taylor, and right now there’s just a lot of public misinformation, that it will just be a $50 fine; that is not true. The ordinance involving the Emergency Water Ban does not cover payables right now, so if a person were to be issued a citation to court, it’s a misdemeanor offense. They’d have to answer to the Judge, and it’s up to a $1,000 fine with 90 days jail time. Captain Koerner stated Public Works provided the Police Department with a lot of door hangers, so right now, it’s more of a complaint City Council Meeting Minutes June 7, 2017 Page 19 basis or when Community Service Officers are out patrolling, they’ll educate the residents. If we have repeat offenders, we’ll start issuing citations. He felt the issue has been communicated pretty well to the residents. Council Member Johnson asked if they were in discussions with the developers who are building new homes to hold off lying the new sod at the homes until this is over; he was advised that irrigation permits for new sod, new seed, and new trees are up to a year for sod. They can be issued a watering permit, and for new trees, we’re issuing permits for trees that are three years or newer. Engineer Levitt stated they actually need to have the seed and sod planted to enable occupancy of the home in new home construction. Public Works Director Les Burshten stated established sod can go dormant for a long while and it will come back; however, new sod can be gone in one day and it won’t come back. Mayor Bailey stated they’ll need to talk later on about long-term solutions to this issue and how that will affect the Capital Improvement Plan. There are legal implications that will need to be discussed, so there will probably need to be a closed session at some point. Council Member Johnson asked what this would do to the water budget for the City with a month of no watering and if that amount would be negligible. Finance Director Robin Roland stated it is what it is, but they had not seen a significant increase or decrease in water revenues for the last four years. They’re in the process of looking at water rates, etc. She didn’t expect it to be any more or less significant than we’ve seen in the last couple of years. 14. WORKSHOPS – CLOSED TO PUBLIC – None. 15. ADJOURNMENT Motion by Council Member Thiede, second by Council Member Dennis, to adjourn the meeting at 10:08p.m. Motion carried: 5-0. Minutes prepared by Judy Graf and reviewed by Joe Fischbach, HR Manager/City Clerk.