Loading...
HomeMy WebLinkAbout1998-09-16 PACKET 03.A.. , � �. �, , �- a • :. ..- : : OPEN FORUM - 7:15 p.m. Open Forum provides persons an opportunity to inform the Council of a problem or to request informatian related to City business that has not been scheduled for Council action and does not appear on tne 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 Kohis Also present: Ryan Schroeder, City Administretor Caron Stransky, City Clerk Kim �i�dquist, Community Development Director Liz Johnson. Finance Director Bob �ong, City Attorney Jerry Bourdon, City Engineer Jim Kinsey, Acting Public Safety Director Gary Kjellberg, 7389 Inman Avenue South, explair�ed to the Council what he considered to be lack of communication between the City of Cottage Grove and Washington County. Mr. Kjeliberg stated that Washington County resurfaced the bike paYh along 70th Street and shortly thereafter the City instailed a water pipe and tore up the new bike path, which caused extra casts 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. �ayor Denzer thanked Mr. Kjeliberg 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. CP,LL TO (7F2DER The City Cauncil of the City af Gottage Grove, Washingtan County, Minnesnfa helci a regular meeting on Wednesday, September 2, 1998, at fhe Cottage Grove City HaII, 7516 80th Street Sauth. Mayar Denzer caliac# the meeting to order at 7:30 p.m. RC7LL CF1LL Regular Meeting - September 2, 1998 Cottage Grove City Council Page 2 Presenf: Mayor John Denzer Council Member Jim Wolcott Councii 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 CARR�ED. 5-0. PRESENTATIONS Proclamation Declaring September 17 through September 23. 1998 as Constitution Week Mayor Denzer read aloud the proclamation declaring September 17 thraugh September 23, 1998, as Constitution Week. Presentation of Award of Excellence to Recreation Qepartment. Prese�tation of Avuards Honorinq "U-Lead" and "U/R" Program Participants John Fredrickson, on behalf of the Minnesota Recreation and Parks Associafion presented an award ta the Gottage Grove Recreation department. Nlr. Fredrickson stated that the Minnesota Recreatian and Parks Association was founded in 1974 and has over 1;500 members throughout tne State af Minnesota. In 1987 an Awards Committee was estabiished ta honor individuals and agencies throughout the State for uniqus new programs and facilities. t�ir. �redricksan explained that in 1997, Diane Evans and Jasan Wes4 created the U-Lead and UIFt programs to provide learning oppartunities fcrr children the ages af 12 to 13 to dev�lap 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 yauth participants who volunteered in the U-Lead and U/R programs. Mayor Denzer and the Councii Members thanked each participant for volunteering in the Cottage Grove Recreation Department programs. MCES Presentation on Interceptor Mayor Denzer acknowledged that Terry Fiower, Bryce Pickart, and Tom Roushar representing the Metropolitan Council Environmenta6 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 severai maps and pointed out the three proposed alignments through the City of Cattage Grove. He stated that the lower ravine aiignment would require a very large lift station at the bottom of the ravine. Roushar suggested that this alignment be dropped from further consideration. Mc Roushar then reviewed the two remaining alignments. One is the County Road 19 aiignment from fhe Woodbury border just short af TH 61, and the other is known as the upper ravine or Kimbro Avenue alignment. Ftoushar 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 expiained that figure 4(a) shows the changes necessary if the upper Kimbro Avenue alignmenY is suggested. Mr. Roushar reviewed several tables with the Council stating that table 1 indicated the estimated local project costs; teble 2 shows the present worth, and table 3 summarizes the overall casts. Counci� I�ember Hale asked if there was a direct costs for the infrastructure. Mr. Pickart responded that the originai Comprehensive Plan called for the interceptor through the ravine. He stated that compared to the fu2ure trunk sew�r costs for Cottage Grove for the tvvo remaining aiternatives, that cost is abaut $1.5 Millian extra af sewers. Mr. Pickart stated that the case of the aption af foliovding Caunty Road 19, the extra ccssts are in the range of $2.$ f�illion. The tv10ES has taken the originel Comprehensive Sewer PEan and modified it far the same assumptions ta fit tF�e interceptar alignment. Regular fUeeting - September 2, 1998 Cottage Grove Gity Gouncil Page 4 He stated fhat the City has the opportunity to madify 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 Str2et 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 availabBe. The soil information available is based on past projects and the MCES is not at the stage in the project where this information is required. Mr. Riedesei 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 wo�id 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 iooked 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 wouid 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. Cauncil Member Shiely asked about the cost estimaYes 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 camrrrented that at a recent Watershed District meeting a resident stated that fhere were discussions regarding CoUnty Road 19 becoming a four- iane raad. Councii Member Kohls suggested that the MCES run the pipe at the same time. INr. Roushar sfiated that the MCES has been in contact with the Washingtan County Public Works Department and has learned Fhat Washingtan Gounty will be widening Caun4y I�aad 19 as far south as Park Crassing Drive. It is their intent ta finish this project by the year 2002. He stated that the next segment would be �a Bailey Avenue and wauld be compieted by the year 2006. Roushar stated that widening Gaur�ty Road 19 souih of Bailey Avenue is not in Washingtan County`s pragram. Fiegular Meeting - September 2, 1998 Cottage Grove City Council Page 5 Gouncil iVlember 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 nat ready to choose a favorite at this time. Council Member Kohis 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 Iooking for issues from the City's perspective. Councii 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 Iess expensive. Mr. f2oushar 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 indicati�g when residents would have to connect to the system. Gouncil 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 expiained 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 respanded thaf in the case of a 20-foot ditch, the fVICES would ga out about 6Q feet. Mayor Denzer Yhanked the members of the MCES for th�ir presenfation to the Cauncil. . "' t � T � . The minutes af the August 19, 1998 Reguiar City Council meeting were accepted as pr�;sentecf. Regular Meeting - September 2, 1998 Cottage Grove City Gouncii Page 6 CONSENT CA�ENDAR MOTION BY NALE, SECONDED BY KQHLS TO: A. ACCEPT THE MINUTES OF THE PARKS, RECREATION AND fJATURAL 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 GROWTN 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. APPFZOVE THE PURCHASE AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND CURTIS AND RITA THOMPSON FOR THE ACQUISITION OF RIGHT-OF-WAY IN FEE SIMPLE ABSdLUTE OVER CERTAIfV REAL PROPERTY FOR THE EXTEfVSION OF HARDWOOD AVENUE, AND THE INSTALLATION OF WEST DRAW TRUNK UTILITIES FOR A DRAINAGE, UTILITY AND POfJDING EASEMENT, IN THE AMOUNT OF $28,000. ��' - s i • � 1• •; <, • - � l �� � • #; "• '� � � , � ..• •. � . '• • , •' . •11►/_ . . � ��. .� �.�. ���' � • I •1 a• .; . , +. � �� . �. . •. � .'�.� � . �. . •'• '•i � �. �, � � � �� „ i i. � � � � 3� � � � ► -r • -� �� � � .� � � : . ,, . . ti . � :� � . , �� * . , � ,; � . �.� � � ,� , �� � � : • • -� -� � • Reguiar Meeting - September 2, 1998 Cottage Grove City Council Page 7 ADQPT RESOLl1Tl(3hl Pl�. 9�-148, A RESOLUTION DECL.ARING THE COSTS TO BE ASSESSED AND ORDERING TNE PREPARATION OF THE PROPOSED ASSESSMENT ROL� FOR THE 80TH STREET RECONSTRUCTION PROJECT. ADOPT RESOLUTlOId NO. S&-149, A RESOLUTION CALLING FOR A HEARING ON THE PROPOSED ASSESSMENTS FOR THE PINE FOREST 2ND STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RESOtUTION AtO. 98-150, A RESOLUTION DECLARING THE COSTS TO BE ASSESSED AND ORDERING THE PREPARATION OF THE PROPOSED ASSESSMEfVT ROLL FOR PINE FOREST 2ND STREET AND UTI�ITY IMPROVEMENTS. ADdPT RESOLUi'ION NO. 98-151, A RESOLUTION CALLING FOR A HEARING ON THE PROPOSED ASSESSMENTS FOR THE PINE FOREST 3R[7 STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RESOLUTION /VO. 98-152, A RESOLUTION DECLARWG THE COSTS TO BE ASSESSED AND ORDERING THE PREPARATION OF THE PROPOSED ASSESSMENT ROLL FOR THE PINE FOREST 3RD STREET AND UTI�ITY IMPROVEMENTS. ADOPT RESOLUTION NO. 98-153, A RESOLUTION CALLING FOR A HEARING ON THE PROPOSED ASSESSMENTS FOR THE PINE GLEN 6TH STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RE�OLUTfON NO. 98-954, A RESOLUTION DECLARING THE COSTS TO BE ASSESSED AND ORDERING THE PREPARATION OF TNE PROPOSED ASSESSMENT RO�L FOR PINE GLEN 6TN STREET AND UTI�ITY IMPROVEfv1ENTS. .��• �- � r a .; � ..� � ���� �. �• . .. � -.�•� � . •• . � � � 1 �.� .., � ■� �� 1.� .. �. I .:�� �: ��.r • ��� � � .. �• � ._.■ � c , � a � . . .. s � . � s # � ` ��r • S ; t ir �:. �. , � • �* • � l i Regular Meeting - September 2, 1998 Cottage Grove City Councii Page 8 ADOPT R�SC3LU�f4�IV N�. 9�-158, A RESOLUTION DECLRRING THE COSTS TO BE ASSESSED AND ORDERING TNE PREPARATION OF THE PROPOSED ASSESSNIENT ROL� FOR THE HIDDEN VALLEY 7TH STREET AND UTI�ITY IMPROVEMENTS. ADOPT RESOLU7'lON NO. 98-159, A RESOLUTION CALLING FOR THE HEARING ON THE PROPOSED ASSESSMENTS FOR THE PINE FOREST 4TH STREET AND UTILITY IMPROVEMENT PROJECT. ADOPT RESOLUT/OtV 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 UTIUTY 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 TNE PUBLIC WORKS FACILITY EXPANSION PROJECT. J. APPROVE CHANGE ORDER NO. 36 TO SWANSON PLUMBING AND HEATING FOR $20,042.81 FOR THE PUBLIC WORKS FACI�ITY EXPANSION PROJECT. K. APPROVE CHA(VGE 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, FU�L-TIME EMPLOYMENT, EFFECTNE SEPTEMBER 15, 1998. MOTION CARRIED. 5-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES - None. . ,, ,. , . Authorize Bid Award far Installation of BacksfiOp5 at Grey Glnud Elementary � . . 1 � � a r a r. .� ♦� � . � ReguBar Meeting - September 2, 1998 Cottage Grove City Council Page 9 Adopt Resolution Awardinq Bid for Construction of Public improvements far Sandy Hills 8th Additian MOTION BY WOLCOTT, SECONDED BY SHIELY, TO ADOPT RES(3LU7"!ON NCi. 98- 161, A RESOLUTION AWARDING THE BID FOR CONSTRUCTION OF PUB�IC IMPROVEMENTS FOR SANDY HILLS 8TH ADDITION, TO HYDROCON, INC., IN THE AMOUNT OF $356,947.00. MOTIOPJ CARRIED. 5-0. Adopt Resolution Awardinq Bid for Construction of Public Improvements for Hidden Valle,y 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. iV10TION CARRIED. 5-0. UNFINISHED AND NEW BUSINESS Ado�t Resolution Ado�tinq Proposed 1999 City Budget� Adopt Resolution Adoptinq Proposed 1998 Tax Levy� Set Public Hearing for Truth in Taxation Hearinq and Hearinq 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 WO�COTT, SECONDED BY KOHLS, TO ADQPT RESOLUTIOAI NO. 98- 164 A RESOLUTION ADOPTING THE PROPOSED 1998 TAX LEVY. MOTION CARRIED. 5-0. MQTION BY WOLCOTT, SECONDED BY SHIE�Y, TO SET THE INITIAL TRUTN-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.fvl. MOTION CARRIED. 5-0. Mayor Denzer celled for a break of the Regular Gouncil Meeting at 8:33 p.m. The FZegular Council Meeting resumed at 8:47 p.m. Review 3PVl Woodbur� P�iti�gatian Proposal Mike Connefly, a Hydrogeologist with the P�iinnesota Poliution Gontral Agency (` MPCA presented inforrrration to the Cauncil regarding Yhe clean up of the VVaodbury Disposal site. Mr. Connelly stated thet the foliawing MPCA staff were in attendance for questions: Mike Fersey, Soii 5cientist and Jerry Stahnke, �"roject Manager. Ftegular Meeting - September 2, 1998 Cottage Grove City Council Page 10 Mike Conneily stated that fihe purpose of the presentation was to provide information and to give a better understanding of the 3M site, and to give an ���ortunity far 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. Conneliy 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 naturai 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. Co�nelly stated that rernedial measures are already being implemented: a barrier (pump-out) weil 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 wil! 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 fne site. fn 1995 the MPCA requested that 3M clean up the Northeast Disposal Area and standard clean-up 4echnologies are not applicable for this area. He stated that natural attenuation was identified as the only applicable emergi�g technoiogy for the 3M site. Pvlr. Connelly reported that the monitoring data supports natural attenuation. Mark Ferrey gave an explanation of what natural attenuation studies have shown and gave brief commen4s and an overvievv of what is happening at the 3M site. Mr. Ferrey stated that natural attenuation refers to the biodegredation, dilutian, adsorptian, ar no bialagical destruction of contaminants in the environment. Mr. Ferrey explained that researcn is shovvie�g that 85 percent of natural attenuation is biodegredstion. Gouncii ft�ember Hale asked if natural attenuation was just thraugh natura! causes. (Vlr. Ferrey responded yes, thet th�re are eertain bacteria that can breakdown na4ural cc�ntamir7ants. Regular Meeting - September 2, 1998 Cottage Grave City Council Page 11 Mr. Ferrey stated that biodegredatian is a very ierge companent af a naturai att�nuation remedy. He stated that as a remedy, natural attenuation is the demonstration that these processes wiil 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 ettenuation, 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 naturai attenuation requires extensive sampling, analysis, modeling projections, and future monitoring. Mr. Ferrey expiained 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. P�/ir. Ferrey explained that biodegredation in the graundwater 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 dovdngradient. Councii i�iember Haie asked if the deta fram the site is coilected by t�PCA or by 3M. tdlr. Conneily stated that 3M's consultanYs collect the data and tt�e MPGA requested that the data be collected. NIr. Gonnelly steted that this is the proc�dure far callecting data at a{I clean-up sites. 3M has a professional respansibility ta collect accurate data. Council Member Hale asked at what point does the 3[� site become safe enough that 3M cauld lease the area for ball fields. Cheryl �arrigan from 3M stated that there are na cancerns about exposures on the praperty right now for recreatianai types af 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 Yhe N1PGA go with Yhe consuit�nt to collect a sample. Mr. Connelly thanked Council Member Shieiy 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 tne naturai attenuation process is occurring fast enough to k2ep any consisting contaminant groundwater plume stable indefinitely. Mr. Ferrey stated that MPCA could not provide an exact date as to when the c{ean 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 wili 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 cherrricals Iike 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 contaminatians 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 resuits 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 rneasure precisely how much is left. Council Member Kohls asked if a problem is discavered and wells are contaminated who will be held responsible. Council Member Kohls qusstioned who would compensate the homeowner or the City. Mc Connelly steted that the MPGA's first responsibility is to provide clean water for the individuai or family effected. The MPCA would provide bottied water in the interim then seek to find a ciean drinking water source for the home. �tlr. Connelly stated that the MPCA's respo�se would be to ensure the family gets c{ean drinking water, then discuss with 3M what caused the problem, if indeed it came from the 3M site. Mr. Connel(y steted that the second step wouid be to address 4he issue writh 3M, if the source was fram 3t�. Counci{ Member Kahis sfiafed that 3M has four barrier wells pumping 3,7 million gaB(ons of water a day and questioned if there is a risk of puEling water from the cor�taminated area intU a City weBi. t�r. Connelly responded yes, fihear�tic�ily, but b�fare a City well Regular Meeting - September 2, 1998 Cottage Grove City Co�ncil Page 13 would be placed, there would be a study to determine if fihe City well would be intercepting a�y contaminated sources. Council Member Kohls asked if in 30 years this site will effect the plecement 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. Conneliy stated that land use planners and people who review future groundwater needs wili have to address the issue. Council fVlember Kohis asked if a hameowner 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 nat that shailow 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 levels for the contaminants. Cou�cil Member Kohis asked what the MPCA's back-up plan was for the 3M site if �atural atte�uation is not happening as quickly as the MPCA would iike. Mr. Ferrey responded that natural attenuation was used because it has a very effective containment system. Council Member Kohis confirmed that there is no back-up plan. Mr. Ferrey stated that is not entirely 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, wouid the 3M site be a problem. Mr. Ferrey responded that most new developmenfis are o� municipal water. Council Member Kohis stated that the water supply is the main concern and municipal water would not be a problem. Mr. Ferrey responded yes. Gauncil Member Kohls asked how often the City can expect a report from the MPCA. Mr. Connelly stated that the MPCA would send en annual report as dane in 4he past. Councii IVlsmber Shiely stated that the water used by 3M is Gity water and wandered if the City should eharge ffar the water. Council Member Shiely stafed she would like the Council to discuss this issue at same paint. Richard King, 10866 Sauth 6Hth Street ihanked resident Stan Nale far bringing this issue out to the public. Mr. King stated that he is conc�rned abau± the plume, and Regular Meeting - September 2, 1998 Cattage Grove City Council Page 14 asked if there were any studies on the plume that contaminants might have escaped befare the wells �N�re put in place. Mr. King asked if the MPGA has ever tested any of citizens' private wells. Mr. King stated that 3M have drilled new welis for citizens. He stated that a Mrs. Kaiser, in the audience, has had trouble with her weil and woufd like the MPCA test her water. Mr. Connelly stated that residential welis around the perimeter of the site have been tested as part of 3M's annual routine sampling. Three wells are sampled an�uaily. Mr. Conneily 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 sampiing 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 Kohis asked Mr. Conneliy to talk with Mrs. Kaiser about her 100-foot private wei�. 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. Riedesei 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. Riedesei stated that barreis buried couidn'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. Lowell Torseth, 8040 Kimbro Avenue South, thanked the MPCA for their information regarding the decreasing piume. Mr. Torseth questioned why 3M has been ailowed to purchase more parceis 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 periodicaliy. Mrs. Kaiser steted that testing for many cherrricals is expensive. She stated that she does not want her property condemned bec�use of a contaminated well. fvls. Corrigan of 3M stated that 3PN buys land for many different reasons. Ms. Gorrigan explained thaY 3(vl 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 paliutian control reasons. Floyd 04t, 11865 Poin4 Dc�uglas Raad, questioned if property avvners are liable for disclosing information when selling praperty lacated near the 3tv1 site. Mr. C3tt stated that somebody needs ta be resparrsibi�. At som� paint this infarm�fiar� nEeds to be Regular Meeting - SepYember 2, 1998 Cottage Grove City Council Page 15 disclosed. Fle 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 wi!! run with the property deed. Ms. Corrigan stated that this information will be disclosed to anyone who has a Iegal claim to the deed. Mr. Ott stated he was not concerned about 3M, but was co�cerned with the abutting properties and asked where does the MPCA's liability start. Pvlr. Ferrey responded that it becomes a legal question and not a technical question. Mr. Ferrey stated that it is his understanding fihat under the State Super Fund law, if a homeawner 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 rnany different chemicals were identified at the 3M site. Mr. Ferrey responded approximateiy 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 Iook 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 En inc�eering Project Budget for MCES Roadw� 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 Nale asked Mr. Pickart to describe evhat part of the study will be 100th Street and stated that on item 4G of the Consent Agenda the Gouncil approved an engineering study on 100th Street. Council Member Hale stated that if the MCE5 is doing the same project, could information be shared if a road design serves both the City and MCES. Mr. Pickarf responded that tl�is is a good next step and to ge4 a goad evaluatian by fihe engineers and come to a consensus to how Ideal Avenue sf�auld be done to mest both the City`s needs and the f�CES"s needs. Mr. Pickart stated thaf the MCES is open ta further discussion on howa much nhCES pays for ldeal Avenue. They are open ta Council recammendations. Councl Member Hale staYed that his cc,ncern is it appears thaf �CES is telling th� City uvhafi they are going fo do far the City of Gottage C�rave. Cuue�cil M�mber Hafe stated Regular Meeting - September 2, 1998 Cottage Grove Gity Council Page 16 that the road n2eds to be designed to handle the load as required by vehicles on the rcad and this study should give that information. Gouncii 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 thre City needs. Council Member Wolcott stated that this actian is reviewing what the MCES needs. He suggested this issue might need to be discussed further. Mayor Denzer stated that Council wents tne road improvements done right. Council Member Hale stated an analysis needs to be dane 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 staYed 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 Gity could prepare the study and the tviCES 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 Hale 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 HA�E, SEGONDED BY WOLCO�, TO AUTHORIZE THE CITY ENGINEER TO PREPARE A WORK PLAN FOR PROJECT DEVELOPMENT REVIEWS FOR THE MCES STFtEET IMPROVEMEIVTS TO 100 STREET SOUTH AND IDEAL AVENUE IN THE AMOUNT OF $5440 AS OUTCINED IN ClTY ENGINEER JERRY �OURBO(V'S REPORT DATED AUGUST 28, 1998. MOTION CARRIED. 5-0. Deny Variance to Section 28-73(c�,(1) of Mississippi River Corridar Criticai Area Overlav District Cammunity DevelopmenY director Kim Lindquist stated Staff is recommending denial of the vari�r�ce application af Paui Runze far constructian of a propassd detached garage. Lindquist explained that the City erroneously issued a building permit far the garage and the slab for Yhe garage befare Staff became aware of the errar. Regular Meeting - September 2, 1998 Cottege Grove City Council Page 17 Gommunity Development Director lindquist reported that the Gfty has issued a stop ard�r. Staf' has reviewad th� reguest 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 aptions 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 c(oser 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 fihe site and i� this case the best solution is to accept the resoiution under the conditions of the Planning Commission. MOTION BY HALE, SECONDED BY WO�COTT, TO ADOPT RESOLUI ION 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 COtv1MENTS AND REG2UESTS 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 fhe Metropolitan Councii's $50,000 cantribution. Council Member Kohls thanked the Metrapolitan Council for performing the study. Council Member Shiely complimented Community Develapment Directar Kim Lindqugst on the drafting af the August 24, 1998, letter ta Craig Rapp af the Metropalitan Council. PF�Y BILLS �egular Meeting - September 2, 1998 Cottage Grove City Council Page 18 PVIOTION BY WOLCOTT, SECONDED BY KOH�S, TO APPROVE PAYMENT OF CHECK NUMBERS 104077 TO 104250 IN THE AMOUNT OF $638,454.02. MOTION CARRIED. 5-0. Mayor Denzer adjourned Regular Councif 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 Cottage Grove Cam�aiqn Sign Ordinance Council Member Wolcott stated that he had requested Staff look into the guidelines for campaign sign sizes for statewide electio�s. 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 Nale 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 Woicott suggested that the City go to the State �egislature 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. Councii 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 Ninnesota Cities to add this issue to their agenda. Mayor Denzer canfirmed that Gouncil has directed Staff to contact the League of Minnesota Cities and ask them to add to their agenda the issue ot campaign sign sizes and to amend the ardinance to remove campaigns from tne public right-of-ways. Receive Information Regardinq Assessing Commercial Properties Alonq 80th Street Council discussed the assessing of commercial properties along 80th 5treet. Mayar Denzer stated that he feels that a precedent has been set an commercial property when the City previausly worked wi4h the private assessor at McKenzie Metra. Cauncil Member Wolcott stated that in arder to assess Yhe property, 4he City needs to �hawe the camm�rciaf property awner that they be€�efik from 80t�r Street. Fie stated that everyone uses 80th Street arrd questioned haw �he City can assess someane far left turn lanes, street lights, etc. City Administrator Schroeder stated that this ass�ssment is on street, �nd starm sewer. Regular Meeting - September 2, 1998 Gottage Grove City Council Page 19 City Administrator Schroeder stated the water main is a proposed assessment. City Administrator Schroeder stated that he would like 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 ail 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 McKe�zie Metro give their recommendation before the City gives the assessment. Mayor Denzer suggested McKenzie Metro discuss this issue and the poiicy with the Council. City Attorney Bob Long stated that tne best solution is the combination of what City Administrator Schroeder and Council Member Wolcott suggested. City Attorney Lorrg 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 Workshop The Council determined that a meeting to discuss fhis issue needed to be scheduied. Council Member Kohls sta4ed that she would like to get this meeting scheduled prior to the camprehensive planning stage. Gity Administrator 5rhroeder stated that this issue would be added to the next FZegular Cauncil Meeting agenda. -. ..•_ , , CLO SED WC?R6GSHOP SESS1C7iV - M1lor�e. MC}TIORI BY WOLCO7T, SEGC7NDED BY KOHLS, TC7 ADJOURN TNE CL08ED SES�IC7N A�D RECONVENE THE REGULAR MEETIP7G. IV1C)TIC7N C,4RRIEQ. 5-0. Regular Meeting - September 2, 1998 Cottage Grove Gity Council Page 20 F-1�7Cl7ll��l�i�►� MOTION BY WOLCOTT, SECOPdDED BY HALE, TO ADJOURN THE REGULAR COUNCIL MEETINGAT 11:50 P.M. MOTION CARRIED. 5-0. Respectfuily submitted, Carolyn Petruga, Recording Secretary TimeSaver Off Site Secretarial, Inc.