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HomeMy WebLinkAbout1998-09-02 MINUTESREGULAR MEETING � COTTAGE GROVE CITY COUNCIL September 2, 1998 OPEN FORUM - 7:15 p.m. Open Forum provides persons an opportunity to inform the Council of a problem or to request information related to City business that has not been scheduled for Council action and does not appear on the Agenda. Mayor Denzer encouraged persons to limit their remarks to three (3) minutes per issue. Present: Mayor John Denzer Council Member Jim Wolcott Council Member Sandy Shiely Council Member Rod Hale Absent: Council Member Cheryl Kohls Also present: Ryan Schroeder, City Administrator Caron Stransky, City Clerk Kim Lindquist, Community Development Director • Liz Johnson, Finance Director Bob Long, City Attorney Jerry Bourdon, City Engineer Jim Kinsey, Acting Public Safety Director Gary Kjellberg, 7389 Inman Avenue South, explained to the Council what he considered to be lack of communication between the City of Cottage Grove and Washington County. Mr. Kjellberg stated that Washington County resurfaced the bike path along 70th Street and shortly thereafter the City installed a water pipe and tore up the new bike path, which caused extra costs to the taxpayers. He stated that he would like the City Staff to contact Washington County and communicate with each other with regard to the projects the City of Cottage Grove and Washington County is working on. Mayor Denzer thanked Mr. Kjellberg for his input and directed Staff to take Mr. Kjellberg's comments into consideration. At 7:18 p.m., Mayor Denzer adjourned the Open Forum. CALL TO ORDER The City Council of the City of Cotfiage Grove, Washington County, Minnesota held a regular meeting on Wednesday, September 2, 1998, at the Cottage Grove City Hall, .� 7516 80th Street South. Mayor Denzer called the meeting to order at 7:30 p.m. ROLL CALL Regular Meeting - September 2, 1998 Cottage Grove City Council Page 2 • Present: Mayor John Denzer Council Member Jim Wolcott Council Member Sandy Shiely Council Member Rod Hale Council Member Cheryl Kohls Absent: None Also present: Ryan Schroeder, City Administrator Caron Stransky, City Clerk Kim Lindquist, Community Development Director Liz Johnson, Finance Director Bob Long, City Attorney Jerry Bourdon, City Engineer Jim Kinsey, Acting Public Safety Director Les Burshten, Public Works Director Mayor Denzer presided over the meeting. � ADOPTION OF AGENDA MOTION BY HALE, SECONDED BY WOLCOTT, TO APPROVE THE FINAL AGENDA. MOTION CARRIED. 5-0. PRESENTATIONS Proclamation Declaring September 17 through September 23, 1998. as Constitution Week Mayor Denzer read aloud the proclamation declaring September 17 through September 23, 1998, as Constitution Week. Presentation of Award of Excellence to Recreation Department, Presentation of Awards Honoring "U-Lead" and "U/R" Program Participants John Fredrickson, on behalf of the Minnesota Recreation and Parks Association presented an award to the Cottage Grove Recreation Department. Mr. Fredrickson stated that the Minnesota Recreation and Parks Association was founded in 1974 and has over 1,500 members throughout the State of Minnesota. In 1987 an Awards Committee was established to honor individuals and agencies throughout the State for unique new programs and facilities. Mr. Fredrickson explained that in 1997, Diane • Evans and Jason West created the U-Lead and U/R programs to provide learning opportunities for children the ages of 12 to 13 to develop leadership and team building Regular Meeting - September 2, 1998 Cottage Grove City Council Page 3 • skills. Mr. Fredrickson presented an award to Diane Evans and Jason West and read aloud the inscription on the award. Diane Evans and Jason West presented individual awards to the youth participants who volunteered in the U-Lead and U/R programs. Mayor Denzer and the Council Members thanked each participant for volunteering in the Cottage Grove Recreation Department programs. MCES Presentation on Interceptor Mayor Denzer acknowledged that Terry Flower, Bryce Pickart, and Tom Roushar representing the Metropolitan Council Environmental Services ("MCES") were in attendance. Bryce Pickart stated that the purpose for the MCES presentation was to discuss the interceptor project with the Council. Tom Roushar reviewed several maps and pointed out the three proposed alignments through the City of Cottage Grove. He stated that the lower ravine alignment would . require a very large lift station at the bottom of the ravine. Roushar suggested that this alignment be dropped from further consideration. Mr. Roushar then reviewed the two remaining alignments. One is the County Road 19 alignment from the Woodbury border just short of TH 61, and the other is known as the upper ravine or Kimbro Avenue alignment. Roushar stated that each of the two alignments have individual advantages and disadvantages. Roushar stated that the packet provided to the Council had two (2) figures; 4 and 4(a). Figure 4 shows the changes necessary in the trunk sewer plan layout and shows the changes necessary if the County Road 19 South alignment was constructed. Mr. Roushar explained that figure 4(a) shows the changes necessary if the upper Kimbro Avenue alignment is suggested. Mr. Roushar reviewed several tables with the Councif stating that table 1 indicated the estimated local project costs; table 2 shows the present worth, and table 3 summarizes the overall costs. Council Member Hale asked if there was a direct costs for the infrastructure. Mr. Pickart responded that the original Comprehensive Plan called for the interceptor through the ravine. He stated that compared to the future trunk sewer costs for Cottage Grove for the two remaining alternatives, that cost is about $1.5 Million extra of sewers. Mr. • Pickart stated that the case of the option of following County Road 19, the extra costs are in the range of $2.8 Million. The MCES has taken the original Comprehensive Sewer Plan and modified it for the same assumptions to fit the interceptor alignment. Regular Meeting - September 2, 1998 Cottage Grove City Council Page 4 � He stated that the City has the opportunity to modify the plan. The MCES was showing the difference in cost. Mayor Denzer opened the floor up to residents for questions and comments. Winston Riedesel, 8342 68th Street South, requested the MCES provide him with specific information regarding the vertical and horizontal controls, the soil and the rock, water table, and profile line. Mr. Roushar responded that at this point of time this information was not available. The soil information avai�able is based on past projects and the MCES is not at the stage in the project where this information is required. Mr. Riedesel stated he has a hard time believing the figures provided by the MCES until hard data is available. Council Member Hale stated that if Kimbro Avenue is looked at as an option an environmental impact statement would be needed and questioned how this would affect the time line. Mr. Roushar stated that he did not expect the need for an environmental impact study, and stated an environmental worksheet would be prepared. He stated that the Minnesota Pollution Control Agency would determine whether an environmental impact study was needed and stated that normally this study is not required. • Council Member Hale asked about purchasing of the easements on Kimbro Avenue. Mr. Pickart stated the MCES expects the need to acquire easements and stated that at this stage of planning, the issue has not been looked at. Council Member Hale stated that County Road 19 requires a jog down 90th Street and goes through a residential and commercial area. Council Member Hale questioned whether an interceptor would affect the land in that area. Council Member Hale stated that he was concerned that some very valuable commercial and residential property was being limited. Mr. Roushar stated that the interceptor would not impede the development, except during the construction. Council Member Shiely asked about the cost estimates for the two alternatives and stated that they do not include the purchase of rights-of-way. Mr. Pickart stated that an allowance for easements has been included. Council Member Kohls commented that at a recent Watershed District meeting a resident stated that there were discussions regarding County Road 19 becoming a four- lane road. Council Member Kohls suggested that the MCES run the pipe at the same time. Mr. Roushar stated that the MCES has been in contact with the Washington County Public Works Department and has learned that Washington County will be widening County Road 19 as far south as Park Crossing Drive. It is their intent to finish • this project by the year 2002. He stated that the next segment would be to Bailey Avenue and would be completed by the year 2006. Roushar stated that widening County Road 19 south of Bailey Avenue is not in Washington County's program. Regular Meeting - September 2, 1998 Cottage Grove City Council Page 5 • Council Member Hale questioned the real advantage for the City between the two choices. Mr. Pickart stated that at this point in time there is more work to do in checking costs and figures and stated that the MCES is not ready to choose a favorite at this time. Council Member Kohls asked when a final decision would be made. Mr. Roushar stated that his goal was to reach a decision by the end of the year. At this point the MCES is working on getting input and letting the process work to come up with a decision that everyone is comfortable with. Council Member Hale asked if a recommendation would be needed from the Council. Mr. Roushar stated that the MCES is open to a recommendation and was looking for issues from the City's perspective. Council Member Shiely asked if the MCES sees themselves as a partner with the local Watershed Board. Mr. Pickart stated that the MCES is very sensitive to the topic and opportunities to benefit both projects. Mayor Denzer stated he felt under option 4(a) the cost to sewer the old Cottage Grove area would be considerably less expensive. Mr. Roushar stated that option 4(a) would . be easier to serve Old Cottage Grove if Kimbro Avenue were aligned. He stated that to serve the area of the County Road 19 alignment there would be a larger cost due to the need for a lift station. Council Member Kohls stated that some property owners have private wells and questioned if they would be required to hook into the system. Mr. Roushar stated that the City would control connections to the system. The property owners will not be assessed. Richard King, 10855 South 68th Street, asked if a timetable would be made indicating when residents would have to connect to the system. Council Member Kohls stated that this issue has not been discussed. Mr. King asked if the homeowners would have to pay for the connection fee. Council Member Kohls responded yes. Mr. King asked about the alignment if a lift station would be needed to go back up 61. Mr. Roushar explained that an inverted siphon is planned and this would allow the MCES to avoid a lift station. Mr. King asked how wide a portion of land would be needed. Mr. Roushar responded that in the case of a 20-foot ditch, the MCES would go out about 60 feet. Mayor Denzer thanked the members of the MCES for their presentation to the Council. APPROVAL OF MINUTES • The minutes of the August 19, 1998 Regular City Council meeting were accepted as presented. Regular Meeting - September 2, 1998 Cottage Grove City Council Page 6 • CONSENT CALENDAR MOTION BY HALE, SECONDED BY KOHLS TO: A. ACCEPT THE MINUTES OF THE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MEETING OF AUGUST 10, 1998. B. AUTHORIZE STAFF TO FORWARD LETTER TO CRAIG RAPP REGARDING THE COMPREHENSIVE PLAN ISSUES AND THE METROPOLITAN COUNCIL GROWTH STRATEGY. C. AUTHORIZE BONESTROO, ROSENE, ANDERLIK & ASSOCIATION TO CONDUCT THE 100TH STREET PRELIMINARY STUDY AS OUTLINED IN THE AUGUST 26, 1998 REPORT FROM CITY ENGINEER JERRY BOURDON. D. AUTHORIZE STAFF TO ENTER INTO AN AGREEMENT WITH THE METROPOLITAN COUNCIL FOR A REGIONAL FISCAL IMPACT STUDY, AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. • E. APPROVE THE PURCHASE AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND CURTIS AND RITA THOMPSON FOR THE ACQUISITION OF RIGHT-OF-WAY IN FEE SIMPLE ABSOLUTE OVER CERTAIN REAL PROPERTY FOR THE EXTENSION OF HARDWOOD AVENUE, AND THE INSTALLATION OF WEST DRAW TRUNK UTILITIES FOR A DRAINAGE, UTILITY AND PONDING EASEMENT, IN THE AMOUNT OF $28,000. F. ADOPT RESOLUT/ON NO. 98-144, A RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1999. G. ADOPT RESOLUTION NO. 98-145, A RESOLUTION CALLING FOR A HEARING ON THE PROPOSED ASSESSMENTS FOR THE 97TH STREET IMPROVEMENT PROJECT. ADOPT RESOLUT/ON N0.98-146, A RESOLUTION DECLARING THE COSTS TO BE ASSESSED AND ORDERING THE PREPARATION OF THE PROPOSED ASSESSMENT ROLL FOR THE 97TH STREET IMPROVEMENTS. • ADOPT RESOLUTION NO. 98-147, A RESOLUTION CALLING FOR A HEARfNG ON THE PROPOSED ASSESSMENTS FOR THE 80TH STREET RECONSTRUCTION PROJECT. Regular Meeting - September 2, 1998 Cottage Grove City Council Page 7 • ADOPT RESOLUTION NO. 98-148, A RESOLUTION DECLARING THE COSTS TO BE ASSESSED AND ORDERING THE PREPARATION OF THE PROPOSED ASSESSMENT ROLL FOR THE 80TH STREET RECONSTRUCTION PROJECT. ADOPT RESOLUT►ON NO. 98-149, A RESOLUTION CALLING FOR A HEARING ON THE PROPOSED ASSESSMENTS FOR THE PINE FOREST 2ND STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RESOLUTION NO. 98-150, A RESOLUTION DECLARING THE COSTS TO BE ASSESSED AND ORDERING THE PREPARATION OF THE PROPOSED ASSESSMENT ROLL FOR PINE FOREST 2ND STREET AND UTILITY IMPROVEMENTS. ADOPT RESOLUTION NO. 98-151, A RESOLUTION CALLING FOR A HEARING ON THE PROPOSED ASSESSMENTS FOR THE PINE FOREST 3RD STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RESOLUTION NO. 98-152, A RESOLUTION DECLARING THE COSTS • TO BE ASSESSED AND ORDERING THE PREPARATION OF THE PROPOSED ASSESSMENT ROLL FOR THE PINE FOREST 3RD STREET AND UTILITY IMPROVEMENTS. ADOPT RESOLUT/ON NO, 98-153, A RESOLUTION CALLING FOR A HEARING ON THE PROPOSED ASSESSMENTS FOR THE PINE GLEN 6TH STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RESOLUT/ON NO. 98-154, A RESOLUTION DECLARING THE COSTS TO BE ASSESSED AND ORDERING THE PREPARATION OF THE PROPOSED ASSESSMENT ROLL FOR PINE GLEN 6TH STREET AND UTILITY IMPROVEMENTS. ADOPT RESOLUT/ON NO. 98-155, A RESOLUTION CALLING FOR A HEARING ON THE PROPOSED ASSESSMENTS FOR THE SANDY HILLS 8TH STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RESOLUTION NO. 98-156, A RESOLUTION DECLARING THE COSTS TO BE ASSESSED AND ORDERING THE PREPARATION OF THE PROPOSED ASSESSMENT ROLL FOR THE SANDY HILLS 8TH STREET AND UTILITY IMPROVEMENTS. • ADOPT RESOLUTION NO. 98-157, A RESOLUTION CALLING FOR THE HEARING ON THE PROPOSED ASSESSMENTS FOR THE HIDDEN VALLEY 7TH STREET AND UTILITY IMPROVEMENT PROJECT. Regular Meeting - September 2, 1998 Cottage Grove City Council Page 8 � ADOPT RESOLUT/ON NO. 98-158, A RESOLUTION DECLARING THE COSTS TO BE ASSESSED AND ORDERING THE PREPARATION OF THE PROPOSED ASSESSMENT ROLL FOR THE HIDDEN VALLEY 7TH STREET AND UTILITY IMPROVEMENTS. ADOPT RESOLUTION NO. 98-159, A RESOLUTION CALLING FOR THE HEARING ON THE PROPOSED ASSESSMENTS FOR THE PINE FOREST 4TH STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RESOLUTION NO. 98-160, A RESOLUTION DECLARING THE COSTS TO BE ASSESSED AND ORDERING THE PREPARATION OF THE PROPOSED ASSESSMENT ROLL FOR THE PINE FOREST 4TH STREET AND UTILITY IMPROVEMENT PROJECT. H. APPROVE CHANGE ORDER NO. 30 TO SWANSON PLUMBING AND HEATING FOR $392.00 FOR THE KINGSTON PARK SHELTER PROJECT. APPROVE CHANGE ORDER NO. 34 TO SWANSON AND YOUNGDALE FOR $450.00 FOR THE PUBLIC WORKS FACILITY EXPANSION PROJECT. • J. APPROVE CHANGE ORDER NO. 36 TO SWANSON PLUMBING AND HEATING FOR $20,042.81 FOR THE PUBLIC WORKS FACILITY EXPANSION PROJECT. K. APPROVE CHANGE ORDER NO. 37 TO SWANSON AND YOUNGDALE FOR $5,340.00 FOR THE PUBLIC WORKS FACILITY EXPANSION PROJECT. L. APPROVE APPOINTMENT OF PUBLIC SAFETY DISPATCHER PAUL DIER TO REGULAR, FULL-TIME EMPLOYMENT, EFFECTIVE SEPTEMBER 15, 1998. MOTION CARRIED. 5-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES - None. PUBLIC HEARINGS - None. BID AWARDS Authorize Bid Award for Installation of Backstops at Grey Cloud Elementarv � MOT(ON BY SH(ELY, SECONDED BY KOHLS, TO AWARD BID FOR THE INSTALLATION OF BACKSTOPS AT GREY CLOUD ELEMENTARY TO WINKEL ENTERPRISES IN THE AMOUNT OF $11,400.00. MOTION CARRIED. 5-0. Regular Meeting - September 2, 1998 Cottage Grove City Council Page 9 • Adopt Resolution Awarding Bid for Construction of Public Improvements for Sandy Hills 8th Addition MOTION BY WOLCOTT, SECONDED BY SHIELY, TO ADOPT RESOLUT/ON NO. 98- 161, A RESOLUTION AWARDING THE BID FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS FOR SANDY HILLS 8TH ADDITION, TO HYDROCON, INC., IN THE AMOUNT OF $356,947.00. MOTION CARRIED. 5-0. Adopt Resolution Awarding Bid for Construction of Public Improvements for Hidden Valley 7th Addition MOTION BY WOLCOTT, SECONDED BY SHIELY, TO ADOPT RESOLUTION NO. 98- 162, A RESOLUTION AWARDING THE BID FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS FOR HIDDEN VALLEY 7TH ADDITION TO RICHARD KNUTSON, INC., IN THE AMOUNT OF $795,056.02. MOTION CARRIED. 5-0. UNFIN{SHED AND NEW BUSINESS Adopt Resolution Adopting Proposed 1999 City Budget: Adopt Resolution Adopting Proposed 1998 Tax Levy: Set Public Hearinq for Truth in Taxation Hearing and Hearina • Continuation Date MOTION BY SHIELY, SECONDED BY HALE, TO ADOPT RESOLUTION NO, 98-163, A RESOLUTION ADOPTING THE PROPOSED 1999 CITY BUDGET. MOTION CARRIED. 5-0. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 98- 164. A RESOLUTION ADOPTING THE PROPOSED 1998 TAX LEVY. MOTION CARRIED. 5-0. MOTION BY WOLCOTT, SECONDED BY SHIELY, TO SET THE INITIAL TRUTH-IN- TAXATION HEARING FOR DECEMBER 7, 1998 AT 7:30 P.M., AND THE HEARING CONTINUATION DATE OF DECEMBER 16, 1998 AT 7:30 P.M. MOTION CARRIED. 5-0. Mayor Denzer called for a break of the Regular Council Meeting at 8:33 p.m. The Regular Council Meeting resumed at 8:47 p.m. Review 3M Woodbury Mitigation Proposal Mike Connelly, a Hydrogeologist with the Minnesota Pollution Control Agency ("MPCA") presented information to the Council regarding the clean up of the Woodbury Disposal • site. Mr. Connelly stated that the following MPCA staff were in attendance for questions: Mike Ferrey, Soil Scientist and Jerry Stahnke, Project Manager. Regular Meeting - September 2, 1998 Cottage Grove City Council Page 10 � Mike Connelly stated that the purpose of the presentation was to provide information and to give a better understanding of the 3M site, and to give an opportunity for comments and questions. Mr. Connelly explained that a bulk of contaminants has been removed by past clean-up actions and there is extensive evidence that contamination is being contained on site. He noted that there has been a lot of data showing that the contamination does not extend off the site. Mr. Connelly stated that groundwater sampling shows that there is not groundwater that might impact drinking water in the area. Mr. Connelly stated that one area of contamination remains in the Northeast Disposal Area. He explained that the contaminant plume is shrinking in size, apparently due to natural attenuation. Connelly showed the Council diagrams highlighting the fact that the plume is shrinking. Mr. Connelly showed a comparison from 1993 and 1997. It explained that there has been considerable shrinking of the plume. Mr. Connelly stated that remedial measures are already being implemented: a barrier (pump-out) well system; a low permeability soil cover (over disposal areas); long-term groundwater monitoring; and agreements mandating barrier well operation and restricting site use. • Mr. Connelly stated that 3M has been monitoring the site since the 1970s and will continue to do so. He stated that part of the clean-up strategy is agreements that 3M and the MPCA will give assurance that pump-up wells will continue to operate and a restrictive covenant will allow the MPCA to be involved in any proposed changes of land use and proposed access to the site. Mr. Connelly stated that the MPCA would be involved in any redevelopment of the site. Mr. Connelly explained why there is natural attenuation at the site. In 1995 the MPCA requested that 3M clean up the Northeast Disposal Area and standard clean-up technologies are not applicable for this area. He stated that natural attenuation was identified as the only applicable emerging technology for the 3M site. Mr. Connelly reported that the monitoring data supports natural attenuation. Mark Ferrey gave an explanation of what natural attenuation studies have shown and gave brief comments and an overview of what is happening at the 3M site. Mr. Ferrey stated that natural attenuation refers to the biodegredation, dilution, adsorption, or no biological destruction of contaminants in the environment. Mr. Ferrey explained that research is showing that 85 percent of natural attenuation is biodegredation. . Council Member Hale asked if natural attenuation was just through natural causes. Mr. Ferrey responded yes, that there are certain bacteria that can breakdown natural contaminants. Regular Meeting - September 2, 1998 Cottage Grove City Council Page 11 � Mr. Ferrey stated that biodegredation is a very large component of a natural attenuation remedy. He stated that as a remedy, natural attenuation is the demonstration that these processes will reduce the concentrations of contaminants before they pose a risk to human health or the environment (this is the real definition of natural attenuation). Mr. Ferrey explained that compounds such as TCE, PCE, PCB and TCA were once considered non-biodegradable. These compounds will biologically breakdown under the right conditions. Mr. Ferrey stated that 10 or 12 years ago scientists started realizing these compounds were biodegradable and it opened the door for saying these things are disappearing under certain conditions on their own and it can be a partial remedy by itself without incurring huge expenses in every case. Mr. Ferrey stated that there are advantages to natural attenuation, such as the overall cost may be lower. Mr. Ferrey stated that natural attenuation is a less intrusive remedy and destruction of contaminants may actually be more rapid than what is possible under "engineered" systems. Mr. Ferrey explained that natural attenuation is not a"no action" alternative. It must be clearly demonstrated on a site-by-site basis. Mr. Ferrey stated that natural attenuation requires extensive sampling, analysis, modeling projections, and future monitoring. Mr. • Ferrey explained that the MPCA can provide a guidance document to people who make a request. Mr. Ferrey explained the key points of natural attenuation: (1) to show that site conditions are favorable for the biodegredation of contaminants; (2) to verify that the contaminants are actually biodegrading; (3) to estimate how fast biodegredation is occurring; and (4) to compare how rapidly contaminants are breaking down to how rapidly they are moving with groundwater. Mr. Ferrey explained that biodegredation in the groundwater is an effective mechanism for mass removal in the source area, perhaps approaching 90 percent. Mr. Ferrey stated that natural attenuation is reducing contaminant transport away from the source area and a downgradient barrier well system is insurance that contaminants will not escape further downgradient. Council Member Hale asked if the data from the site is collected by MPCA or by 3M. Mr. Connelly stated that 3M's consultant's collect the data and the MPCA requested that the data be collected. Mr. Connelly stated that this is the procedure for collecting data at all clean-up sites. 3M has a professional responsibility to collect accurate data. Council Member Hale asked at what point does the 3M site become safe enough that 3M could lease the area for ball fields. Cheryl Corrigan from 3M stated that there are no • concerns about exposures on the property right now for recreational types of activities. Regular Meeting - September 2, 1998 Cottage Grove City Council Page 12 � Council Member Shiely urged the MPCA to take their own samples at the 3M site at some point and recommend the MPCA go with the consultant to collect a sample. Mr. Connelly thanked Council Member Shiely for her suggestion. Kohls stated that she has some concerns and stated that she has a five-page list of questions for the MPCA. Council Member Kohls asked exactly how long it is expected to clean up the 3M site. Mr. Ferrey responded that the natural attenuation process is occurring fast enough to keep any consisting contaminant groundwater plume stable indefinitely. Mr. Ferrey stated that MPCA could not provide an exact date as to when the clean up will be completed. Mr. Ferrey stated he could not give an answer for the entire 3M site, but did provide an answer for the MW-2 well, stating that in the next two to three years of sampling the MPCA will be able to tell if the natural attenuation will be at a strong enough rate to keep shrinking the plume and special area. Council Member Kohls stated that there is more history of natural attenuation with petroleum products and asked if the experience in the MPCA isn't as great for chemicals. Council Member Kohls asked if there a site in Minnesota that the MPCA is working with that there is five years experience with many different chemicals like 3M. � Mr. Ferrey responded that there are many sites with many years of monitoring for chemicals. He stated that the issue of biodegredation of these contaminations and natural attenuation of these types of contaminants is more recent and this is breaking technology. Mr. Ferrey stated that for petroleum compounds they know a lot more about natural attenuation. Mr. Ferrey stated that there are many published results regarding natural attenuation that can be referred to. Council Member Kohls asked what products are left at the site and what the amounts are. Mr. Ferrey stated that he did not know the answer and does not believe anyone can answer the question. Mr. Ferrey stated there is no way to measure precisely how much is left. Council Member Kohls asked if a problem is discovered and wells are contaminated who will be held responsible. Council Member Kohls questioned who would compensate the homeowner or the City. Mr. Connelly stated that the MPCA's first responsibility is to provide clean water for the individual or family effected. The MPCA would provide bottled water in the interim then seek to find a clean drinking water source for the home. Mr. Connelly stated that the MPCA's response would be to ensure the family gets clean drinking water, then discuss with 3M what caused the problem, if indeed it came from the 3M site. Mr. Connelly stated that the second step would be to address the issue with 3M, if the source was from 3M. � Council Member Kohls stated that 3M has four barrier wells pumping 3.7 million gallons of water a day and questioned if there is a risk of pulling water from the contaminated area into a City well. Mr. Connelly responded yes, theoretically, but before a City well Regular Meeting - September 2, 1998 Cottage Grove City Council Page 13 � would be p(aced, there would be a study to determine if the City well would be intercepting any contaminated sources. Council Member Kohls asked if in 30 years this site will effect the placement of a City well and questioned who will cover the extra financial costs. Mr. Connelly stated that it will take a lot of people putting their heads together to decide what will make sense. Mr. Connelly stated that land use planners and people who review future groundwater needs will have to address the issue. Council Member Kohls asked if a homeowner is down stream of the contaminated plume, is there a potential for a problem from the water from the lower strata up into the upper strata. Mr. Connelly stated that the residential off site wells are not that shallow and they would need to be deeper to get groundwater. Mr. Connelly stated that there is monitoring data off site that the MPCA believes gives them a pretty good indication if there might be problems with the drinking water. Council Member Kohls asked what are the allowable levels. She stated that she would like a list of the products being tested and the federal guidelines for the allowable levels. Mr. Connelly stated that there are tables listing contaminants being tested and the allowable drinking water leveis for the contaminants. • Council Member Kohls asked what the MPCA's back-up plan was for the 3M site if natural attenuation is not happening as quickly as the MPCA would like. Mr. Ferrey responded that natural attenuation was used because it has a very effective containment system. Council Member Kohls confirmed that there is no back-up plan. Mr. Ferrey stated that is not entirefy true, that the MPCA intends to monitor the progress to see the projections are holding true with natural attenuation. Mr. Connelly stated that from that point forward there is no remedy available that would be feasible to achieve restoration of the groundwater. Council Member Kohls asked that if in five years the City developed the northeastern part of Cottage Grove, would the 3M site be a problem. Mr. Ferrey responded that most new developments are on municipal water. Council Member Kohls stated that the water supply is the main concern and municipal water would not be a problem. Mr. Ferrey responded yes. Council Member Kohls asked how often the City can expect a report from the MPCA. Mr. Connelly stated that the MPCA would send an annual report as done in the past. Council Member Shiely stated that the water used by 3M is City water and wondered if the City should charge for the water. Council Member Shiely stated she would like the Council to discuss this issue at some point. • Richard King, 10855 South 68th Street, thanked resident Stan Hale for bringing this issue out to the public. Mr. King stated that he is concerned about the plume, and Regular Meeting - September 2, 1998 Cottage Grove City Council Page 14 • asked if there were any studies on the plume that contaminants might have escaped before the wells were put in place. Mr. King asked if the MPCA has ever tested any of citizens' private wells. Mr. King stated that 3M have drilled new wells for citizens. He stated that a Mrs. Kaiser, in the audience, has had trouble with her well and would like the MPCA test her water. Mr. Connelly stated that residential wells around the perimeter of the site have been tested as part of 3M's annual routine sampling. Three wells are sampled annually. Mr. Connelly stated that 3M has agreed to do some additional sampling of residential wells and the MPCA has done sampling as well. The MPCA needs to evaluate whether resources would allow for additional sampling and whether there is potential risk. Mr. Connelly stated that if there are requests, the MPCA will deal with them on a case-by- case basis. The MPCA will sample the well themselves or request 3M to do the sampling. Council Member Kohls asked Mr. Connelly to talk with Mrs. Kaiser about her 100-foot private well. Winston Riedesel, 83423 68th Street South, stated that he has been a resident of Cottage Grove for 18 years and did not know about the contaminated site. Mr. Riedesel • asked if the MPCA is supposed to keep the public informed, possibly by erecting a sign at the site stating what is being done. He stated that the water pumped by 3M is not being treated and 3M misrepresented that the water is being put to good use. Mr. Riedesel stated that barrels buried couldn't naturally attenuate. Riedesel stated that he does not agree with how the sites are being tested and feels that the MPCA needs to get a full representation of samples. Lowelf Torseth, 8040 Kimbro Avenue South, thanked the MPCA for their information regarding the decreasing plume. Mr. Torseth questioned why 3M has been allowed to purchase more parcels of land. Amy Kaiser, 9880 Military Road, asked if she could get a copy of the Evaluation Report and any other reports that would help explain the problem at the site. She stated that her well is 130 feet deep and feels her well should be monitored periodically. Mrs. Kaiser stated that testing for many chemicals is expensive. She stated that she does not want her property condemned because of a contaminated well. Ms. Corrigan of 3M stated that 3M buys land for many different reasons. Ms. Corrigan explained that 3M purchased some land for a buffer area to secure the site. Since then there has been more land purchased for a number of reasons, not just for pollution control reasons. � Floyd Ott, 11865 Point Douglas Road, questioned if property owners are liable for disclosing information when selling property located near the 3M site. Mr. Ott stated that somebody needs to be responsible. At some point this information needs to be Regular Meeting - September 2, 1998 Cottage Grove City Council Page 15 � disclosed. He asked where does the liability start and stop. Ms. Corrigan stated that as part of the remedy, 3M is in the process of filing a deed restriction that will run with the property deed. Ms. Corrigan stated that this information will be disclosed to anyone who has a legal claim to the deed. Mr. Ott stated he was not concerned about 3M, but was concerned with the abutting properties and asked where does the MPCA's liability start. Mr. Ferrey responded that it becomes a legal question and not a technical question. Mr. Ferrey stated that it is his understanding that under the State Super Fund law, if a homeowner or any property is adversely impacted by contamination linked by 3M or any site, then the responsible party is liable for those damages, and liable to clean it up and make it right. Mayor Denzer asked the MPCA how many different chemicals were identified at the 3M site. Mr. Ferrey responded approximately 20 chemicals. Mr. Ferrey stated that prior to testing a well he would review the report to see which chemicals were found to date and look for those chemicals. Mr. Ferrey stated that the MPCA was required to look for a huge range of compounds in their investigation. Mr. Ferrey encouraged residents to give the MPCA a call with criticisms and questions and stated that the MPCA encourages people to come forward with comments. The • MPCA members who attended the meeting can be reached at: Mike Connelly - 297- 8279, Mark Ferrey - 296-7775, Jerry Stahnke, 297-1459. Mayor Denzer thanked the members of the MPCA for attending the Regular Council Meeting. Authorize Engineering Project Budget for MCES Roadway Improvements City Administrator Ryan Schroeder stated that Bryce Pickart from the MCES was available to talk with the Council regarding the MCES roadway improvements. Council Member Hale asked Mr. Pickart to describe what part of the study will be 100th Street and stated that on item 4C of the Consent Agenda the Council approved an engineering study on 100th Street. Council Member Hale stated that if the MCES is doing the same project, could information be shared if a road design serves both the City and MCES. Mr. Pickart responded that this is a good next step and to get a good evaluation by the engineers and come to a consensus to how Ideal Avenue should be done to meet both the City's needs and the MCES's needs. Mr. Pickart stated that the MCES is open to further discussion on how much MCES pays for ldeal Avenue. They are open to Council recommendations. � Council Member Hale stated that his concern is it appears that MCES is telling the City what they are going to do for the City of Cottage Grove. Council Member Hale stated Regular Meeting - September 2, 1998 Cottage Grove City Council Page 16 � that the road needs to be designed to handle the load as required by vehicles on the road and this study should give that information. Council Member Hale stated that the City stated the road needs to be rebuilt, turn lanes are needed, and road alignment is a concern. Council Member Hale stated that all issues are issues for the Council. The City is going to design the road and tell MCES what the City needs. Council Member Wolcott stated that this action is reviewing what the MCES needs. He suggested this issue might need to be discussed further. Mayor Denzer stated that Council wants the road improvements done right. Council Member Hale stated an analysis needs to be done with the City's evaluation stating "this is what the City wants." Council Member Wolcott stated that the Council was told the MCES was going to do the process. Council Member Hale stated that both the Council and the MCES should not go through the same process. City Administrator Schroeder stated that the City Engineer will conduct a feasibility study that will require a budget of about $12,000 to $15,000. City Administrator • Schroeder stated that it was his understanding that the MCES would be conducting most of what the City will want in a feasibility study, e.g., soil testing in order to evaluate the base was solid. City Administrator Schroeder stated that the City Engineer would review this information to see if he agrees. Council Member Hale stated that the City could prepare the study and the MCES would pay for it, thereby giving the City control. Mr. Pricket stated he has no problem with the City preparing the feasibility study. Council Member Ha�e confirmed that the City would prepare the feasibility study. Mr. Pickart stated details regarding the feasibility study can be discussed at a later time. MOTION BY HALE, SECONDED BY WOLCOTT, TO AUTHORIZE THE CITY ENGINEER TO PREPARE A WORK PLAN FOR PROJECT DEVELOPMENT REVIEWS FOR THE MCES STREET IMPROVEMENTS TO 100 STREET SOUTH AND IDEAL AVENUE IN THE AMOUNT OF $5440 AS OUTLINED IN CITY ENGINEER JERRY BOURBON'S REPORT DATED AUGUST 28, 1998. MOTION CARRIED. 5-0. Deny Variance to Section 28-73(c)(1) of Mississiepi River Corridor Critical Area Overlay District Community Development Director Kim Lindquist stated Staff is recommending denial of the variance application of Paul Runze for construction of a proposed detached garage. • Lindquist explained that the City erroneously issued a building permit for the garage and the slab for the garage before Staff became aware of the error. Regular Meeting - September 2, 1998 Cottage Grove City Council Page 17 � Community Development Director Lindquist reported that the City has issued a stop order. Staff has reviewed the request and is concerned with the severity of the variance request. Lindquist stated that Staff does not support issuance of the variance. There are other garage options on the site and a garage of this size could be accommodated on the property without a variance. She stated that Staff has recommended shifting the garage closer to the road, with a front yard variance. Community Development Director Lindquist reported that the Planning Commission had a split vote to approve the variance. The Planning Commission has submit a recommendation for approval. Council Member Hale stated that this is an unfortunate situation. He stated that he reviewed the site and in this case the best solution is to accept the resolution under the conditions of the Planning Commission. MOTION BY HALE, SECONDED BY WOLCOTT, TO ADOPT RESOLUTION NO, 98- 165, A RESOLUTION GRANTING A VARIANCE TO SECTION 28-73(c)(1) OF THE MISSISSIPPI RIVER CRITICAL AREA OVERLAY DISTRICT TO REDUCE THE 100- FOOT STRUCTURE SETBACK FROM A BLUFFLINE REQUIREMENT OF THE CITY'S ZONING ORDINANCE TO CONSTRUCT A GARAGE AT 11931 LOFTON • AVENUE SOUTH. MOTION CARRIED. VOTE: 5-0. Paul Runz, 11931 Lofton Avenue South, asked whether the erosion control plan needed to be approved by the City Council. Lindquist stated that the Plan needs to be submitted to her department. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS - None. COUNCIL COMMENTS AND REQUESTS Kohls asked for an update on the Fiscal Impact Study. City Administrator Ryan Schroeder responded that the City has authorized the contract to perform an impact analysis. City Administrator Schroeder stated that the City will provide a$10,000 match to the Metropolitan Council's $50,000 contribution. Council Member Kohls thanked the Metropolitan Council for performing the study. Council Member Shiely complimented Community Development Director Kim Lindquist on the drafting of the August 24, 1998, letter to Craig Rapp of the Metropolitan Council. PAY BILLS C� Regular Meeting - September 2, 1998 Cottage Grove City Council Page 18 � MOTION BY WOLCOTT, SECONDED BY KOHLS, TO APPROVE PAYMENT OF CHECK NUMBERS 104077 TO 104250 IN THE AMOUNT OF $638,454.02. MOTION CARRIED. 5-0. Mayor Denzer adjourned Regular Council Meeting to the open public workshop session at 10:55 p.m. WORKSHOP SESSION Mayor Denzer opened the public workshop session at 11:05 p:m. Review Cottaqe Grove Campaign Sign Ordinance Council Member Wolcott stated that he had requested Staff look into the guidelines for campaign sign sizes for statewide elections. Council Member Wolcott stated that Staff responded that the State dictates that signs can be installed in August and can be any size. Council Member Hale asked if campaign signs could be taken out of the City right-of- ways. City Attorney Bob Long stated that campaign signs cannot be treated more � harshly than other signs, such as real estate signs. Council Member Wolcott suggested that the City go to the State Legislature to request that municipalities be allowed to set their own guidelines. Council Member Wolcott stated that Minnesota Statutes state that the City does not have control of this issue. Council Member Wolcott suggested the City send a letter to the League of Minnesota Cities regarding this issue. Schroeder stated Staff could ask the League of Minnesota Cities to add this issue to their agenda. Mayor Denzer confirmed that Council has directed Staff to contact the League of Minnesota Cities and ask them to add to their agenda the issue of campaign sign sizes and to amend the ordinance to remove campaigns from the public right-of-ways. Receive Information Regarding Assessing Commercial Properties Along 80th Street Council discussed the assessing of commercial properties along 80th Street. Mayor Denzer stated that he feels that a precedent has been set on commercial property when the City previously worked with the private assessor at McKenzie Metro. Council Member Wolcott stated that in order to assess the property, the City needs to show the commercial property owner that they benefit from 80th Street. He stated that . everyone uses 80th Street and questioned how the City can assess someone for left turn lanes, street lights, etc. City Administrator Schroeder stated that this assessment is on street, and storm sewer. Regular Meeting - September 2, 1998 Cottage Grove City Council Page 19 � City Administrator Schroeder stated the water main is a proposed assessment. City Administrator Schroeder stated that he would iike to suggest that 100 percent be assessed, and then send the assessments to an appraiser to see if they can be justified. City Administrator Schroeder stated that for those not justified, the City would reduce the assessment down to a level justified. Council Member Hale asked why all benefiting properties are not paying something for the storm sewer. Council Member Hale asked if all of the businesses are being benefited for the storm sewer. City Attorney Long responded yes. Council Member Wolcott suggested that McKenzie Metro give their recommendation before the City gives the assessment. Mayor Denzer suggested McKenzie Metro discuss this issue and the policy with the Council. City Attorney Bob Long stated that the best solution is the combination of what City Administrator Schroeder and Council Member Wolcott suggested. City Attorney Long stated that the City could determine the cost of the market value and test it against • benefit. City Attorney Long stated that the cost policy number would exceed the benefit of any given number. City Attorney Long suggested a test on a parcel by parcel basis to show a benefit at that level. Council Member Wolcott stated that some people are on storm water and some are not. City Attorney Long stated that there needs to be some consistency on storm water. Council Member Wolcott asked City Administrator Schroeder to work with the City Engineer on this issue and to get McKenzie Metro involved. CITYVISION 21 Workshoq The Council determined that a meeting to discuss this issue needed to be scheduled. Council Member Kohls stated that she would like to get this meeting scheduled prior to the comprehensive planning stage. City Administrator Schroeder stated that this issue would be added to the next Regular Council Meeting agenda. Mayor Denzer closed the open public workshop session at 11:49 p.m. CLOSED WORKSHOP SESSION - None. . MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADJOURN THE CLOSED SESSION AND RECONVENE THE REGULAR MEETING. MOTION CARRIED. 5-0. Regular Meeting - September 2, 1998 Cottage Grove City Council Page 20 i ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY HALE, TO ADJOURN THE REGULAR COUNCIL MEETING AT 11:50 P.M. MOTION CARRIED. 5-0. Respectfully submitted, Carolyn Petruga, Recording Secretary TimeSaver Off Site Secretarial, Inc. • .