HomeMy WebLinkAboutCity Council Regular Meeting Packet Public (1)1
COTTAGE GROVE CITY COUNCIL October 1, 2025
COUNCIL CHAMBER - 7:00 PM
1 Call to Order
2 Pledge of Allegiance
3 Roll Call
4 Open Forum
5 Adoption of Agenda
6 Presentations
A County Attorney Update (Kevin Magnuson)
Staff Recommendation: Receive a personal introduction and an update from Kevin Magnuson, Washington
County Attorney.
B Proclamation - Fire Prevention Week
Staff Recommendation: Proclaim the week of October 5-11, 2025 as Fire Prevention Week.
7 Consent Agenda
A City Council Regular Meeting Minutes (2025-09-03)
Staff Recommendation: Approve the September 3, 2025, City Council Regular Meeting Minutes.
B City Council Special Meeting Minutes (2025-09-03)
Staff Recommendation: Approve the September 3, 2025, City Council Special Meeting Minutes.
C Liquor License - Mi Pueblo Seis, LLC
Staff Recommendation: Authorize issuance of an on-sale intoxicating/Sunday liquor license to Mi Pueblo
Seis, LLC, located at 7155 Jorgensen Lane South, Cottage Grove, MN.
D Accelerated Firefighter/Paramedic Recruitment Program Agreement
Staff Recommendation: Approve the Accelerated Firefighter/Paramedic Recruitment Program Agreement for
Ryan Seykora.
E Cottage Grove Lions Fitness Equipment Donation
Staff Recommendation: Accept the donation of equipment in the amount of $4,997.30 for the workout room
at City Hall from the Cottage Grove Lions Club.
F Water Service on 110th Street South - Declaring Costs to be Assessed and Adopt
Assessments
Staff Recommendation: Adopt Resolution 2025-146 to declare costs and adopt assessments for 110th Street
South for water service installation.
G Peter Thompson Park Building Door Installation
Staff Recommendation: Authorize resolution 2025-120 awarding the Peter Thompson Park Building Door
2
Installation Project to Twin City Hardware in the amount of $23,250 and authorize the Service Agreement
between Twin City Hardware and the City of Cottage Grove.
H River Oaks Patio Furniture Purchase
Staff Recommendation: Authorize the purchase of patio furniture at River Oaks from By The Yard for
$90,183.39.
I Amrize Nelson Mine - Final Environmental Impact Statement
Staff Recommendation: Adopt Resolution 2025-147 authorizing the distribution of the Final Environmental
Impact Statement for the Nelson Backwaters Project.
J Transition Building - Stormwater Management Facilities Agreement
Staff Recommendation: Approve the Stormwater Management Facilities Agreement between the City and
South Washington County School District 833 for the Transition School Site located at 7000 Jamaica Avenue
South; appropriate officials are hereby authorized to sign the Stormwater Management Facilities Agreement
to effectuate this action.
K Settlers Bluff - Irrigation Encroachment Agreements
Staff Recommendation: 1) Approve the Encroachment Agreement with the Settlers Bluff Homeowner
Association for existing irrigation lines installed in Outlots B and E of Settlers Bluff. 2) Approve the
Encroachment Agreement with the Settlers Bluff Homeowner Association for existing irrigation lines installed
in Outlot B of the Settlers Bluff 2nd Addition.
L Mississippi Landing - Irrigation Encroachment Agreement
Staff Recommendation: Approve the Encroachment Agreement with the Mississippi Landing Liberty Homes
Association for existing private irrigation lines installed in Lots 4 and 5, Block 5, Lots 5 and 6, Block 4, and
Outlot Q of the Mississippi Landing 1st Addition and proposed private irrigation lines to be installed in Lots 25
and 26, Block 2, and Outlot A of the Mississippi Landing 2nd Addition.
M Cooperative Agreement for Erosion and Sediment Control Inspection Database Migration
and Management
Staff Recommendation: Approve the Cooperative Agreement between the City of Cottage Grove and the City
of Woodbury for Erosion and Sediment Control Inspection Database Migration and Management.
8 Approve Disbursements
A Approve Disbursements
Staff Recommendation: Approve disbursements from 09-12-2025 through 09-25-2025 in the amount of
$5,325,127.11.
9 Public Hearings
10 Bid Awards
11 Regular Agenda
12 Council Comments and Requests
13 Workshops - Open to Public
A Ravine Parkway (85th Street to Keats Avenue) Feasibility Report
Staff Recommendation: Receive information on the draft Ravine Parkway (85th Street to Keats Avenue)
Feasibility Report and provide feedback to staff.
14 Workshops - Closed to Public
15 Adjournment
1
City Council Action Request
6.A.
Meeting Date 10/1/2025
Department Administration
Agenda Category Action Item
Title County Attorney Update (Kevin Magnuson)
Staff Recommendation Receive a personal introduction and an update from Kevin
Magnuson, Washington County Attorney.
Budget Implication N/A
Attachments None
1
City Council Action Request
6.B.
Meeting Date 10/1/2025
Department Public Safety
Agenda Category Presentation
Title Proclamation - Fire Prevention Week
Staff Recommendation Proclaim the week of October 5-11, 2025 as Fire Prevention Week.
Budget Implication N/A
Attachments 1. Fire Prevention Week Proclamation 2025
WHEREAS, the City of Cottage Grove is committed to ensuring the safety and security of all
those living in Cottage Grove and visiting; and
WHEREAS, fire remains a serious public safety concern both locally and nationally, and the
presence of lithium-ion batteries in many household devices introduces unique fire risks; and
WHEREAS, most of the electronics used in homes daily, including smartphones, tablets, laptops,
power tools, e-bikes, e-scooters, and toys, are powered by lithium-ion batteries, which if misused,
damaged, or improperly charged, can overheat, start a fire, or explode; and
WHEREAS, the National Fire Protection Association® (NFPA®) reports an increase in battery-
related fires, underscoring the need for public education on the safe use of lithium-ion batteries; and
WHEREAS, residents should follow three key calls to action: buy only listed products, charge
batteries safely, and recycle them responsibly to prevent battery-related fires; and
WHEREAS, lithium-ion batteries store a large amount of energy in a small space, and improper
use such as overcharging, using off-brand chargers without safety certification, or exposing batteries to
damage can result in fire or explosion; and
WHEREAS, the proper disposal and recycling of lithium-ion batteries help prevent environmental
hazards and reduce fire risks in the home and community; and
WHEREAS, Cottage Grove first responders are dedicated to reducing the occurrence of fires
through prevention, safety education, and community outreach; and
WHEREAS, the 2025 Fire Prevention Week™ theme, “Charge into Fire Safety™: Lithium-Ion
Batteries in Your Home,” serves to remind us of the importance of using, charging, and recycling lithium-
ion batteries safely to reduce the risk of fires in homes and communities;
NOW, THEREFORE, the Mayor and City Council of the City of Cottage Grove, County of
Washington, State of Minnesota, hereby proclaim the week of October 5-11, 2025, as: “Fire Prevention
Week” and urge all the Cottage Grove residents to make sure their homes have working smoke alarms
and to support the many public safety activities and efforts of fire and emergency services.
Passed this 1st day of October 2025.
_____________________________________
Myron Bailey
Mayor
1
City Council Action Request
7.A.
Meeting Date 10/1/2025
Department Administration
Agenda Category Action Item
Title City Council Regular Meeting Minutes (2025-09-03)
Staff Recommendation Approve the September 3, 2025, City Council Regular Meeting
Minutes.
Budget Implication N/A
Attachments 1. 2025-09-03 City Council Meeting
CITY OF COTTAGE GROVE 12800 Ravine Parkway Cottage Grove, Minnesota 55016
www.cottagegrovemn.gov 651-458-2800 Fax 651-458-2897 Equal Opportunity Employer
COTTAGE GROVE CITY COUNCIL September 3, 2025
12800 RAVINE PARKWAY SOUTH
COTTAGE GROVE, MN 55016
COUNCIL CHAMBER - 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
September 3, 2025, at Cottage Grove City Hall, 12800 Ravine Parkway. Mayor Bailey called the meeting to order at
7:00 p.m. and said this meeting is being recorded by TruLens Community Media. You can view City meetings live
and then replay them on Cable Channel 799, and the meetings are also streamed live and archived on the City of
Cottage Grove’s YouTube channel.
2. PLEDGE OF ALLEGIANCE
The audience, staff, and City Council Members stood and recited the Pledge of Allegiance.
3. ROLL CALL
Tammy Anderson, City Clerk, called the roll: Mayor Bailey-Here; Council Member Clausen-Here; Council Member
Garza-Here; Council Member Olsen-Here; Council Member Thiede-Here.
Also present: Jennifer Levitt, City Administrator; Ryan Burfeind, Public Works Director; Zac Dockter, Parks and
Recreation Director; Joe Fischbach, HR Manager; Pete Koerner, Public Safety Director; Korine Land, City Attorney-
LeVander, Gillen & Miller, PA; Brenda Malinowski, Finance Director; Emily Schmitz, Community Development
Director.
4. OPEN FORUM
Mayor Bailey opened the Open Forum.
Hello, my name is Megan Voyles, I live at 7278 97th Street South in Cottage Grove, and I would like to invite all of
the Council Members and the Mayor and anyone else in Cottage Grove to the Working Families Picnic; that is going
to be hosted at Vermillion Falls Park on September 20 in Hastings. It’s getting put on by the Senate District 41 DFL.
We’re going to have food and games and resources for families there. We’re going to be having a Food Drive for
the Hastings Family Services, so if you’d like to bring a donation, feel free. And, yeah, we just hope to have a fun
time with everyone and get the word out for the picnic.
Mayor Bailey replied fantastic, and if I see this right, it’s from 11:00 a.m. to 3:00 p.m. at Vermillion Falls Park,
and that’s located at 214 21st Street East in Hastings. That’s awesome, he thanked Megan for sharing that with us.
As no one else wished to address the Council, Mayor Bailey closed Open Forum.
5. ADOPTION OF AGENDA
Motion by Council Member Thiede to adopt the agenda; second by Council Member Olsen. Motion carried: 5-0.
6. PRESENTATIONS
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September 3, 2025
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A. Hispanic Heritage Month Proclamation
Staff Recommendation: Receive the Hispanic Heritage Month Proclamation.
Mayor Bailey said he asked Council Member Clausen to read the proclamation, then once he’s done, I’ll look to him
to make the motion and then get a second.
Council Member Clausen said thank you, Mayor and Council. This is a proclamation honoring Hispanic Heritage
Month, and he proceeded to read aloud the proclamation.
Mayor Bailey thanked Council Member Clausen for reading the proclamation.
Motion by Council Member Clausen to proclaim September 15, 2025, through October 15, 2025, as Hispanic
Heritage Month in the City of Cottage Grove; second by Council Member Garza . Motion carried: 5-0.
7. CONSENT AGENDA
A. Approve the July 23, 2025 City Council Special Meeting Minutes.
B. Approve the July 30, 2025 City Council Special Meeting Minutes.
C. Approve the August 6, 2025 City Council Special Meeting Minutes.
D. Approve the August 6, 2025 City Council Regular Meeting Minutes.
E. Approve the June 17, 2025 Economic Development Authority Meeting Minutes.
F. Accept and place on file the minutes from the July 28, 2025 Planning Commission Meeting.
G. Approve the Joint Powers Agreement between the City of Cottage Grove, the City of St. Paul Park,
and Grey Cloud Island Township for joint responsibility of Grey Cloud Trail.
H. Approve the agreements with Fire Protection Services, Inc. and Fire Loss Prevention, LLC for fire
Protection system plan reviews and inspections.
I. Adopt Resolution 2025-116 restricting parking along the northbound lane of Granada Avenue where
the median is present.
J. Adopt Resolution 2025-128 approving the final payment in the amount of $22,737.56 for the TH61
River Oaks RCUT Project.
K. Authorize Change Order for Hearthside Park Sports Lighting Project to contract Killmer Electric to drill
and/or install a spread footing for the light pole at a cost not to exceed $14,000.
L. Adopt Resolution 2025-124 awarding the Base Quote plus Alternate 1 for the 2025 Tree Planting
Contract to Wilson’s Nursery in the total amount of $52,705 for the material and labor to install 155
boulevard trees and authorize the service agreement between Wilson’s Nursery and the City of
Cottage Grove.
M. Approve the proposed 2025-2026 Archery and Firearms Hunting Area Maps.
None of the Council Members wished to pull any Items from the Consent Agenda for further discussion and/or
approval.
Motion by Council Member Garza to approve the Consent Agenda; second by Council Member Olsen.
Motion carried: 5-0.
8. APPROVE DISBURSEMENTS
Staff Recommendation: Approve disbursements from 08-15-2025 to 08-28-2025 in the amount of
$6,616,996.90.
Motion by Council Member Olsen to approve disbursements; second by Council Member Thiede.
Motion carried: 5-0.
City Council Meeting
September 3, 2025
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9. PUBLIC HEARINGS
Staff Recommendation: 1) Hold the Public Hearing to vacate certain easements in Frattalone’s
Southpoint Ridge. 2) Adopt Resolution 2025-119 vacating, rescinding, terminating, and releasing
certain easements over Lots 3 and 4, Block 1, and Outlots A, C, and D of Frattalone’s Southpoint
Ridge. 3) Approve the establishment of a temporary construction easement for a retaining wall. 4)
Approve the establishment of a permanent retaining wall easement.
10. BID AWARDS - None.
11. REGULAR AGENDA
A. Adopt Preliminary Property Tax Levy
Staff Recommendation: Adopt Resolution 2025-121, Adopting the Proposed Preliminary 2025
City Council Meeting
September 3, 2025
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Property Tax Levy, collectible in 2026.
Mayor Bailey said Brenda Malinowski, our Finance Director, will take us through this, and he thanked Brenda.
Director Malinowski said thank you, Mayor and Members of the Council, tonight before you sets the Preliminary
Property Tax Levy for 2026. I have a short presentation.
This first slide is just to remind City Council that while this is the first time that you have seen me here in this
room working on the budget, as you know, you’ve been working on it throughout the year; you started in January,
had a budget workshop in April, did a Council workshop in July, did a follow-up budget workshop in August, and
here we are this evening. Thank you to the City Council on the hours that you put in this year as you determined
the budget and the Property Tax Levy. My thanks to our Department Directors and their teams as they combed
through all the data, gave you accurate information so that you can make the decisions for that Property Tax Levy
that’s in front of you.
As you can see, tonight we’re not done with this process. We’ll certify that Preliminary Property Tax Levy to
Washington County, and they will use it to prepare Property Tax Statements for each individual taxpayer in the City
of Cottage Grove. They’ll mail those out in November, and on that Property Tax Statement it’ll show them the
impact of their property taxes for next year. If they have any questions or comments, they will come here on
December 3 to the City Council Meeting where you will receive those budget comments before you set that Final
Property Tax Levy.
With the Property Tax Levy that is in front of you, there are several budget accomplishments that I wanted to
outline:
• First, is that we’re able to provide the same exceptional level of services to our community as we have in
the past.
• Second, is we’re demonstrating our stewardship of Capital Assets by including the replacement of them,
whether it’s Equipment or City infrastructure, such as Pavement Management. Those items were either
identified in our Financial Management Plan (FMP) or our Capital Improvement Plan (CIP).
• We are positioned to respond to changes in the economy amid economic uncertainty.
• We are maintaining that distinction of being an Employer of Choice.
• We are meeting our Debt Service requirements. When we’ve issued debt in the past for Pavement
Management or new buildings, street improvements, with that comes a principal and interest payment
that’s due each year, just like a mortgage. In 2026, those Debt Service requirements to pay those debts is
included in the Property Tax Levy in front of you.
A little detail on the Property Tax Levy, you’re going to want to concentrate on the middle column, or the 2026
Proposed Property Tax Levy, it’s at $29,885,000 for the City of Cottage Grove portion. Specifically, the first line is
our General Fund Levy, it is increasing 9.76% since 71% of that General Fund are Operating Budget Funds,
personnel and salaries, that is based on settled Union contracts for 2026 for our unions.
We are including an EMS Levy for the first time to fund operating costs at $70,000.
Our Equipment Levy, when we did the 10-year FMP, we have about $2 million in Equipment that needs to be
funded each year, so we’re starting to increase that levy gradually in order to fund those equipment needs so that
we don’t keep delaying those equipment replacement needs.
Our Municipal Building Levy is increasing by $150,000; there was a Facility Maintenance Study for the next 10
years that was done for the Public Safety/City Hall and Central Fire Station, this is just starting to fund those known
costs that will be coming up. So, instead of increasing the levy by $1 million in a couple years to fund some
equipment that needs to be replaced, attached to a building, whether it’s heating or cooling, we’re starting to
increase that gradually.
The EDA Levy has a $50,000 increase, and that is to start to fund all the current year operating costs in the EDA,
and that was identified in the FMP.
In the Park Capital Levy, that is funding those current operating costs to replace in our existing parks or our
future parks as we identified in the FMP.
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September 3, 2025
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Our Debt Levy, I had already alluded to it, that when we issue it, we need to pay those principal and interest
payments. In order to maintain our AAA Bond Rating, we need to pay the debt that we’ve issued.
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September 3, 2025
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equipment and the people to operate that equipment. So, I just want to say thank you, again, for a job well done
this year before we go to vote.
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September 3, 2025
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Mayor Bailey said thank you, Council, for all the hard work, and again, thank you to staff for the many hours of
getting us to where we’re at today.
Staff Recommendation: Adopt Resolution 2025-134 ordering the removal of a hazardous building
located at 8274 Hemingway Avenue South.
City Council Meeting
September 3, 2025
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Minnesota Statute Chapter 429. I think it’s important to say that the costs until today are not assessable, but from
today going forward those costs will be assessable against the property.
City Council Meeting
September 3, 2025
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Council Member Thiede said I’m just curious, in terms of the process. So, if this guy is ghosting us, and we demolish
it and we pay all this money to do it and assess it to the property, but he’s not around. Then the property goes into
default and somebody pays? I’m curious, then, how do we get our money back?
City Council Meeting
September 3, 2025
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Attorney Land replied certainly, Your Honor, Members of the Council, as you know, our staff is amazing, always has
been. The Code Enforcement staff tries to work with every property owner on their own schedule. Every property
owner has a different reason, excuse sometimes, but explanation as to why things are taking longer, and so, City
staff did every effort to try to get the property owner to voluntarily comply. At some point, they fell off the radar,
and once there was no communication, then City staff sort of felt handcuffed on how do I get them to comply if I
can’t even find them? So, then, when the property began to deteriorate to such an extent is when they got our
office involved. And, so, we recommended the 463 action, which again is not something that the City is familiar
with, fortunately, but it is a tool in your toolbox. So, we will I think now maybe recognize the symptoms earlier, this
was sort of a very long test case, but they definitely will now be able to recognize when things are kind of spiraling
out of control, that we need to get more drastic measures involved.
12. COUNCIL COMMENTS AND REQUESTS
City Council Meeting
September 3, 2025
Page 11 of 20
provide through our Employee Assistance Program 24/7. But I think as Council Member Olsen pointed out, we train
our managers to look for those signs of mental health, right? So, our managers know our employees, they know
what they’re going through, where the challenges are, and where they can step in. And, so, we aren’t just providing,
you know, three appointments for counseling services; we’re providing more extensive, we’re providing more
emergency relief for those employees that are facing those mental health challenges. When we look at our Police
and Fire, we get the Neck Up checks annually, and one the things that we always talk about is we want to send those
employees back to their family, whole. And, so, even when we look at the debriefs from critical incidents that they
respond to, we are trying to service and provide the best mental health care for them, and so that’s really important
to us. So, when we say we’re an Employer of Choice, it’s not just something we put on our Strategic Plan, it’s
something we actually live out, and all of our managers are trained to look at those symptoms and signs; and I will
say we go above and beyond to provide those counseling services for our employees.
City Council Meeting
September 3, 2025
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and it might be something, maybe it’s a future workshop or something like that, but I just wanted to throw that out
there as I’ve gotten now numerous, more than just a few, people asking about that. But that was it for me this
evening.
13. WORKSHOPS - OPEN TO PUBLIC - TRAINING ROOM
Amrize Nelson Mine - Final Environmental Impact Statement
Staff Recommendation: Receive the presentation and offer feedback to staff.
City Council Meeting
September 3, 2025
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The one thing that I always like to stress when talking about State environmental review and, in this case, an EIS, is
it is a review to provide information, it is not to make an approval or a disapproval of a project to issue a permit; it
is only to provide that information to move you into that next stage.
City Council Meeting
September 3, 2025
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be published in that EQB Monitor. Then it will come back to you, at least on our anticipated timeline, on November
5, and again, it is not a vote of approval or adoption. What you do is you vote on its adequacy, and then that
moves it into the permitting processes.
City Council Meeting
September 3, 2025
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commenting. Prairie Island Indian Community sent a letter, and there were various local governments, some of
your partners, that responded to this and commented on it. Various organizations when it came to collectives
inside Cottage Grove, I would say that we had the most comments from River Acres. Some other residents and
organizations, too, and concerned recreationalists and additional residents. So, that’s how I would lump the
commenters.
City Council Meeting
September 3, 2025
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just more of the cultural resources side, this kind of goes through, too, how information was obtained to
understand the cultural resources that could exist in the project area. And, so, I think again the public wanted to
really feel like more of that Federal path that you would be on, a very comprehensive path. So, it just took a little
bit of time in both the Final EIS and the response to comments to really like delineate where we are and what we
do at the State; and then spell out, too, all of, again, those permitting agencies and other cultural resource
coordination that would happen during that phase. So, again, telling folks that what should have been done has
been done at this stage, but there is more to come.
City Council Meeting
September 3, 2025
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• An Alternative was added, the Lakeland Analysis, as previously mentioned by Beth.
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September 3, 2025
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• Culture Resources: That summary sort of in that Table, we made sure to really expand on that in the
document, lay it out in the section where Culture Resources is covered really detailed, what has been
done to date, what could carry forward and drive additional Culture Resources review.
• The Visual has an expanded appendix in the Final EIS.
• The Permitting Process was updated in Table 1.1, so that Table has some slight adjustments.
• Other Clarifying Language: Where we could tell based on the commenter’s questions that we just need to
be a little bit clearer in statements; this included questions around bedrock drilling concerns, market
conditions, recreational use, and that Unanticipated Discovery Plan for Culture Resources.
Beth said this slide is just meant to highlight other topics that were mentioned by commenters, but I would say
weren’t substantive, so changed the content of the EIS or drive further analysis. These are topics that other
commenters brought up: Air Quality Impact, Geology, Groundwater Usage, and you can see the whole list here. As
noted, they drove us preparing a response to comment, but it didn’t drive having a change in the EIS.
Next Steps: Courtney said so this is telling you, kind of as Beth introduced at the beginning, what’s coming next:
• As noted, October 1 would be a decision to formally put the Final EIS out there for the public and
agencies, for a pending comment period.
• On October 14, we would follow the State process and then the EIS would get published in the EQB
Monitor; it would get distributed to all of the agencies by email to whom it was originally distributed, and
every person who commented on the EIS will also get a distribution of a response to their comment.
• Then, the last step would be of course on November 5, on the adequacy determination.
Beth said and let me mention really quickly, because you’re still reviewing it, this is not yet on the City’s website.
I’m working with City staff to update the landing page for the Nelson Mine, the EIS, and that will be available to the
public we believe next week, so they can review it. It doesn’t open a comment period; there’s going to be a very
specific note that the comment period is here to here, but we will be creating much more transparency about the
specific changes and elements on the website so you can refer any question to that website.
Mayor Bailey asked is that it? Beth replied that’s it for us.
Mayor Bailey said all right, a quick question, well, a couple of questions maybe: One is so, the property that
Amrize, do they actually or the landowner actually own the land underneath where you’re proposing to do this?
Because I do know that, like when we did the Mississippi Dunes development and the park and that, part of those
property lines actually go under the backwaters and that. So, is the property that you’re looking to continue to
mine, even though its in the river, is it originally part of the property? And I don't know if you can answer that, or?
Beth replied I would turn to Amrize to give a response to that.
Mayor Bailey said or if you don’t think you can, that’s fine. I just was curious if it’d be available.
An unknown male replied yes, that question was raised early on in the process, and we did extensive work with
a riparian, which is a legal expert for water things. And, so, they went back and looked at old surveys and different
things, and the way the property ownership transferred and was retained when the Lock and Dam was put in and
that water was flooded, we believe we have, or PAS had, who owned the property, legal rights to that area.
Mayor Bailey said okay, that’s interesting, and I kind of assumed so because it seems like everybody back there
owns a piece of the river, if you will, depending on who owned what and when they did, whatever.
The unknown male said that came up pretty early in the process, and we did our homework there.
Council Member Garza said I remember last year when they were here and the actual families were here, and they
actually spoke about that, that some of the lands they owned were underwater. Mayor Bailey said I just couldn’t
remember if that was all of it, part of it, or whatever.
Mayor Bailey asked and then, are you still in any type of conversations with the Army Corps of Engineers about
their plans for dredging? And I know it’s a little off topic, but it’s kind of.
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September 3, 2025
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Beth replied yes, it’s connected.
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September 3, 2025
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changeover in staff; and so, it was hard to maintain that commitment, but they stayed on the email distribution
list, so they got all of our agendas for upcoming meetings, and they saw all of the summaries afterward. Then, of
course, Amrize has been doing more since then. Tom, do you want to just mention quickly the outreach that
you’ve been doing to some of the tribal partners?
14. WORKSHOPS - CLOSED TO PUBLIC - None.
15. ADJOURNMENT
1
City Council Action Request
7.B.
Meeting Date 10/1/2025
Department Administration
Agenda Category Action Item
Title City Council Special Meeting Minutes (2025-09-03)
Staff Recommendation Approve the September 3, 2025, City Council Special Meeting
Minutes.
Budget Implication N/A
Attachments 1. 2025-09-03 City Council Special Meeting
CITY OF COTTAGE GROVE 12800 Ravine Parkway Cottage Grove, Minnesota 55016
www.cottagegrovemn.gov 651-458-2800 Fax 651-458-2897 Equal Opportunity Employer
MINUTES
COTTAGE GROVE CITY COUNCIL September 3, 2025
Amphitheatre
12800 RAVINE PARKWAY SOUTH
SPECIAL MEETING - 6:00 P.M.
Amphitheatre
Staff Recommendation: Perform the Swearing-in Ceremony for Riley
Erickson, Bill King, Tyler Mielke, Phillip Wiggins, and recognize the
achievements of Christy Kreminski, Chris Veirling, and Casey Banken.
1
City Council Action Request
7.C.
Meeting Date 10/1/2025
Department Administration
Agenda Category Action Item
Title Liquor License - Mi Pueblo Seis, LLC
Staff Recommendation Authorize issuance of an on-sale intoxicating/Sunday liquor license
to Mi Pueblo Seis, LLC, located at 7155 Jorgensen Lane South,
Cottage Grove, MN.
Budget Implication N/A
Attachments 1. Memo - City Clerk (Mi Pueblo Seis LLC - On-Sale Liquor)
2. Memo - Public Safety (Mi Pueblo Seis LLC, Restaurant and Bar)
RECOMMENDATION
� Cottage �Grove Department of Public Safety
Police • Fire • EMS
f(,li 11105perity Meet ===========================================ere Pride ao6
To:
From:
Date:
Subject:
City Administrator Jennifer Levitt
Director of Public Safety Peter J. Koerner
September 23, 2025
LIQUOR LICENSE APPLICATION
INTRODUCTION
All locations within the City of Cottage Grove that sell alcoholic beverages are required by
State Law and City Ordinance to be licensed.
BACKGROUND
The Cottage Grove Police Department conducted a background check of the following
applicants:
Jorge Gomez, DOB: 08/16/1986
Simeon Cuellar Jr., DOB: 03/26/1980
Pursuant to City Ordinance, Jorge and Simeon submitted an application for On-Sale
Intoxicating Liquor License to be held at Mi Pueblo Seis LLC, 7155 Jorgensen Ln S, Unit
100, Cottage Grove, MN 55016. The Department of Public Safety is required to conduct a
police investigation of the applicants.
CRIMINAL/POLICE CONTACT
The applicants signed a City of Cottage Grove general authorization and release of private
data form. As such, we have completed a complete criminal history background check
utilizing BCA, MGA, and Accurint. We were able to find one traffic conviction for Jorge with
the charge being a Petty Misdemeanor. We also found that Simeon had two traffic
convictions with the highest charge being a Petty Misdemeanor. I also found that Jorge and
Simeon had completed a liquor license background check with the city of Stillwater in 2023
that was approved.
Upon running the attached copy of the Minnesota DL's that were provided, it showed all
have regular class D License with no restrictions. No inconsistencies were observed with
the Minnesota driver's license signatures and the applicants' signatures on the submitted
forms.
CONCLUSION
The applicants of Mi Pueblo Seis LLC, have submitted, is complete and in compliance with
our ordinance.
We have investigated the applicants and have not found any facts, which would constitute
a basis for denial of an "On Sale" Intoxicating Liquor License, under the provisions of the
City Liquor Ordinance or Minnesota Statutes relating to alcoholic beverages.
RECOMMENDATION
Recommend that the City Council approve the Liquor License application for the applicants
at Mi Pueblo Seis LLC, Restaurant and Bar.
Director of Public Safety 9/23/2025
1
City Council Action Request
7.D.
Meeting Date 10/1/2025
Department Public Safety
Agenda Category Action Item
Title Accelerated Firefighter/Paramedic Recruitment Program Agreement
Staff Recommendation Approve the Accelerated Firefighter/Paramedic Recruitment
Program Agreement for Ryan Seykora.
Budget Implication Approved 2025 Budget
Attachments 1. Accelerated Paramedic Program Agreement Seykora 09.22.2025
2. Accelerated Paramedic Program Agreement Seykora Signed_Redacted
To: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
From: Peter J Koerner, Director of Public Safety
Jon Pritchard, Deputy Director of Public Safety/Fire Chief
Date: September 22, 2025
Subject: ACCELERATED FIREFIGHTER/PARAMEDIC PROGRAM AGREEMENT
INTRODUCTION
RECOMMENDATION
1
City Council Action Request
7.E.
Meeting Date 10/1/2025
Department Public Safety
Agenda Category Action Item
Title Cottage Grove Lions Fitness Equipment Donation
Staff Recommendation Accept the donation of equipment in the amount of $4,997.30 for
the workout room at City Hall from the Cottage Grove Lions Club.
Budget Implication N/A
Attachments 1. CG Lions Fitness Equipment Donation
2. Fitness Equipment Invoice
To: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
From: Peter J Koerner, Director of Public Safety
Date: September 23, 2025
Subject: COTTAGE GROVE LIONS FITNESS EQUIPMENT DONATION
INTRODUCTION
RECOMMENDATION
PRx Per f ormance , LLC
4171 24th Ave N, Fargo, ND 58102
accounting@prxperformance.com
DRAFT
ORDER NO
#D 19018
ORDER DAT E
09-19-2025 09:17 AM
SHIP T O
Brad Petersen
bpetersen@ cottagegrovemn.
gov
City of Cottage Grove –
Department of Public Safety
12800 Ravine Parkway South
Cottage Grove, MN 55016
United States
+1 763-232-9277
BILL T O
Brad Petersen
bpetersen@cottagegrovemn.
gov
City of Cottage Grove –
D epartment of Public Saf ety
12800 Ravine Parkway South
Cottage Grove, MN 55016
United States
+1 763-232-9277
IT EM SKU QT T Y T AX UNIT PRICE T OT AL
Build Limitless® 6-Post Rack
Stealth Gray
89"
BL5922 1 0%$ 1,599.99 $ 1,599.99
Build Limitless® W eight Storage Pegs (Pair)BL1176B 3 0%$ 68.99 $ 206.97
Pro le® Landmine Attachment PX262 1 0%$ 130.99 $ 130.99
Build Limitless® Halo Arms®
Multi-Grip Handle BL4542 1 0%$ 1,574.99 $ 1,574.99
PRx 3x3 D ip Station
D ip Station Attachment Only PX847 1 0%$ 157.99 $ 157.99
Build Limitless® Safety Strap System BL1132B 1 0%$ 236.99 $ 236.99
Lock-Jaw Oly 2 Barbell Collar PX101 1 0%$ 40.99 $ 40.99
IT EM SKU QT T Y T AX UNIT PRICE T OT AL
PRx Color Fleck Bumper Plates
160lb Bundle (10lb, 25lb and 45lb pairs)PXB316 1 0%$ 355.99 $ 355.99
PRx Color Fleck Bumper Plates
45lb PXW 754-IG 1 0%$ 187.99 $ 187.99
PRx Color Fleck Bumper Plates
35lb PXW 753-IG 1 0%$ 156.99 $ 156.99
PRx Color Fleck Bumper Plates
15lb PXW 751 1 0%$ 82.99 $ 82.99
PRx Thresher Barbell PXB400 1 0%$ 292.99 $ 292.99
SUB T OT AL :$ 5,025.86
DISCOUNT :- $ 693.56
SHIPPING :$ 665.00
T AX :$ 0.00
T OT AL :$ 4,997.30
T e rms & Not e s
Thank you f or your valued business. We greatly value your trust and con dence and sincerely
appreciate your loyalty to our business.
1
City Council Action Request
7.F.
Meeting Date 10/1/2025
Department Finance
Agenda Category Action Item
Title Water Service on 110th Street South - Declaring Costs to be
Assessed and Adopt Assessments
Staff Recommendation Adopt Resolution 2025-146 to declare costs and adopt
assessments for 110th Street South for water service installation.
Budget Implication N/A
Attachments 1. CC Memo - 110th Street S Water Service
2. Resolution-110th Street S Water Service
3. 110th Street So Assessment Waiver
To: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
From: Judith Afdahl, Assistant Finance Director
Date: October 1, 2025
Re: Water Service on 110th Street South – Declaring Costs to be Assessed and
Adopt Assessments
Background
The lot at 8465 110th Street South has been divided into two parcels and a water service was
installed for the newly created lot (see Figure 1 for location of newly created lot). Capra’s Utilities
Inc. installed the service at a cost of $15,295. The property owner has asked that the water
service installation cost of $15,295 be assessed and placed on their tax roll.
Figure 1: Location of newly created lot
Honorable Mayor, City Council, and Jennifer Levitt
Water Service-110th Street South| October 1, 2025
Page 2
Discussion
City Council approved the Agreement for Contractor Services with Capra’s Utilities Inc. and the
Assessment Waiver Agreement with the property owner for installation of Water Service at 110th
Street South on April 16, 2025. The Assessment Waiver Agreement outlines the cost of $15,295
associated with the water service installation and the deferment of the installation cost over 5
years at 7% interest.
Recommendation
Adopt Resolution 2025-146 to declare costs and adopt assessments for 110th Street South for
water service installation.
CITY OF COTTAGE GROVE
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ADOPTING
ASSESSMENTS FOR 8645 110TH STREET SOUTH FOR WATER SERVICE
INSTALLATION
th Street South as requested by Lauren and Brenda Sirotiak (Owners)
in their Assessment Waiver Agreement which was approved on April 16, 2025. The cost
of the improvements as outlined in the Assessment Waiver Agreement totals $15,295;
and
Passed this 1st day of October 2025.
1
City Council Action Request
7.G.
Meeting Date 10/1/2025
Department Parks and Recreation
Agenda Category Action Item
Title Peter Thompson Park Building Door Installation
Staff Recommendation Authorize resolution 2025-120 awarding the Peter Thompson Park
Building Door Installation Project to Twin City Hardware in the
amount of $23,250 and authorize the Service Agreement between
Twin City Hardware and the City of Cottage Grove.
Budget Implication Park Improvement Fund
Attachments 1. Memo - Peter Thompson Door Installation 2025
2. Resolution_2025_PeterThompsonDoors
3. Agreement for Contractor Services_Twin City Hardware wExhibit (Peter Thompson
Park_Cottage Grove)
To: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
From:
CC:
Gavin Hochstetler, Management Analyst
Zac Dockter, Parks and Recreation Director
Date: October 1, 2025
Subject: Peter Thompson Park Building Door Installation
Introduction/Background
The 2025-2029 Capital Improvements Plan includes the purchase and installation of new doors at Peter
Thompson in 2025. The funding source of this project is the Park Improvement Fund.
To secure pricing, staff recently solicited quotes from two companies. The results of those quotes are
as follows:
Vendor Cost______
Twin City Hardware $23,250
S&J Glass, Inc. $29,820
Staff recommends proceeding with low quote from Twin City Hardware.
Staff Recommendation
Authorize resolution 2025-120 awarding the Peter Thompson Park Building Door Installation Project to
Twin City Hardware in the amount of $23,250 and authorize the service agreement between Twin City
Hardware and the City of Cottage Grove.
CITY OF COTTAGE GROVE, MINNESOTA
RESOLUTION AWARDING THE INSTALLATION OF DOORS AT PETER
THOMPSON PARK IN THE AMOUNT OF $23,250.
WHEREAS, quotes were requested to purchase doors and the necessary work for
the installation for Peter Thompson Park; and
WHEREAS, two firms submitted quotes; and
WHEREAS, Twin City Hardware provided the lowest responsible quote; and
WHEREAS, it is the recommendation of the Parks Director that the quote be
awarded to Twin City Hardware.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage
Grove, County of Washington, State of Minnesota, that the installation of doors at Peter
Thompson Park be awarded Twin City hardware in the amount of $23,250
Passed this 1st day of October 2025.
Myron Bailey, Mayor
Attest:
Tamara Anderson, City Clerk
1
City Council Action Request
7.H.
Meeting Date 10/1/2025
Department Parks and Recreation
Agenda Category Action Item
Title River Oaks Patio Furniture Purchase
Staff Recommendation Authorize the purchase of patio furniture at River Oaks from By The
Yard for $85,087.64.
Budget Implication $85,087.64 - Golf Course Capital Outlay
Attachments 1. Memo-Patio Furniture
2. River Oaks Golf Course Council September 2025
To: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
From:
CC:
Zac Dockter, Parks and Recreation Director
Dennis Neitz, River Oaks General Manager
Andrew Sonn, River Oaks Food and Beverage Manager
Date: September 24, 2025
Subject: Patio Furniture Purchase
Introduction
River Oaks has a very unique patio experience with grand views of the golf course and Mississippi
River. However, the furniture is quite degraded after years of use and is not very comfortable or
functional in design. Enhancing the patio area was identified as an opportunity within the 2021-2025
River Oaks Business Plan. Over the years, the space has been expanded, and landscaping elements
have been added. In 2025, $70,000 was budgeted for the purchase of outdoor patio furniture to invest
into elevating the patio experience and generating more revenue.
Background
Staff solicited proposals from multiple vendors. Because this is outdoor patio furniture, staff spent a
considerable amount of time researching products that will withstand the elements. Two vendors were
chosen for sales quotes: By The Yard and Cardinal Patio Furniture. Both vendors utilize quality
materials with appropriate warranties behind their entire product line. The furniture proposals include a
variety of sofas, swivel chairs, tables, fire tables and umbrellas that will service the entire patio area.
The results of the quotes are as follows:
By The Yard $85,087.64
Cardinal Patio Furniture $107,497.98
This purchase does exceed the budgeted amount of $70,000. However, between increased sales
revenue and savings from other capital purchases, there are sufficient funds available to make this
purchase and retain a profitable year at River Oaks in 2025.
Vendor Pricing Considerations
Because this is a significant investment with lasting impacts to service and customer experience, staff
offers the following additional detail for Council consideration regarding the purchase.
1. Staff has negotiated commercial pricing to include a 25% discount off the entire order. The vendor is
offering this discount to ensure fairness and consistency during their current promotional event online.
2. The furniture chosen in this order is of commercial grade and differs significantly from the basic
online options designed for household use. There are thoughtful upgrades designed for both
functionality and longevity such as:
• Larger armrests provide convenience and comfort—especially for guests enjoying food or drinks
near the firepits.
• Swivel and/or flex chairs that make seating more accessible and comfortable, particularly
important due to the weight of the furniture and the uneven exposed aggregate patio surface.
• Upgraded finishes that better resist scratches and wear over time, ensuring a longer lasting and
more polished appearance.
• Marine-grade cushions that dry within 10 minutes, thus eliminating the need for bulky storage
solutions and/or staff time and space to store cushions inside during rain/dew/frost events.
3. Staff reviewed shipping options to identify any opportunity for savings. By The Yard was unable to
adjust this pricing. The importance of having By the Yard deliver the furniture is largely for warranty
purposes, but there are also logistical costs (time, mileage, damage) to pick up, load, secure, transport
50 miles and unload over 100 pieces of furniture.
4. River Oak’s goal is to create a welcoming, high-quality patio experience for all residents; not just
golfers. With new umbrellas for every table, robust furniture that withstands the elements, and
entertainment amenities like TVs and a sound system, this new patio experience becomes a true
community gathering space. Enhanced landscaping over the past few seasons has already brought
new life to the area with flowers and greenery. Next year, a translucent cover will be placed over the
trellis so guests can enjoy the patio even in light rain. But of all the patio enhancements, the comfort
and stability of the furniture is the most important improvement.
5. This purchase aims to generate a reasonable return on investment. During peak season (May–
August), the goal is to increase patio usage by at least 40 additional guests per day. That modest
increase would translate into an additional $86,400 in annual grill revenue (120 days × 40 guests × $18
average spend). New patio furniture is not as a short-term expense. Rather, it is a strategic investment
into the River Oaks and broader community experience.
Staff Recommendation
Purchase River Oaks patio furniture from By The Yard for $85,087.64.
By the Yard
3283 Bluff Dr
Jordan, MN 55352-9375
(877) 220-0448
www.bytheyard.net
Sales Order 148119
Order Date:8/19/2025
BILL TO:SHIP TO:SHIPPING & DELIVERY
City of Cottage Grove River Oaks Golf
Course & Event Center
11099 Highway 61
Cottage Grove MN 55016-4143
(651) 493-8164
River Oaks Golf Course & Event Center
11099 Highway 61
Cottage Grove MN 55016-4143
(651) 493-8164
Attn: Andrew Sonn
asonn@cottagegrovemn.gov
COMMERCIAL STANDARD DELIVERY -
Curbside or dock delivery only. Items will
be assembled and delivered to your
business.
CUSTOMER PO TERMS SALESPERSON TOTAL SAVINGS
Due with Order Sue Maroney-Smith 25,799.73
QUOTE NBR SHIPPING TERMS SHIPPING VIA SHIPPING ZONE
QT008656 COMMERCIAL JORDAN TRUCK ZONE3
QTY.WHS ITEM PRICE DISC DISC PRICE TOTAL
24.00000 SHOP CNCHC-SW DO A: Chippendale Counter-Height Swivel
Chair - Dark Oak - Assembled
581.90 25%436.43 10,474.20
6.00000 SHOP CNSPT40 DO A: 40" Square Unframed Counter-Height
Table - Dark Oak - Assembled - Umbrella Hole YES
966.90 25%725.18 4,351.05
4.00000 SHOP BFHT4078 DO A: 40" x 78" Rectangular Farmhouse Bar-
Height Table - Dark Oak - Assembled - Umbrella Hole
YES
2638.90 25%1979.18 7,916.70
26.00000 SHOP BCHC-SW DO A: Chippendale Bar-Height Swivel Chair -
Dark Oak - Assembled
592.90 25%444.68 11,561.55
5.00000 SHOP FTC2858 DO A: 28" x 58" Rectangular Coffee-Height
Fire Table - Dark Oak - Assembled
3298.90 25%2474.18 12,370.87
6.00000 SHOP DSCCHAIR-MS-SWRK DO-BTO: Deep Seat Cushion
Swivel-Flex Chair with Mission Arms - Dark Oak Frame -
Built to Order Cushion (CSHN-DS1001 BTO: 1 Seat and
1 Back) - Cushion Color Marine Grade Captain Navy
1678.80 25%1259.10 7,554.60
7.00000 SHOP DSCCOUCH-MS DO-BTO: Deep Seat Cushion Couch
with Mission Arms - Dark Oak Frame - Built to Order
Cushion (CSHN-DS1001 BTO: 3 Seats and 3 Backs) -
Cushion Color Marine Grade Captain Navy
2758.80 25%2069.10 14,483.70
27.00000 SHOP MISC: Marine Grade Fabric Upgrade - This item does not
qualify for a discount Captain Navy 60" Seamark 2098-
0063
50.00 1,350.00
6.00000 SHOP UMFF 7.5OCT WH/BZ: Frankford 7.5' Octagon Umbrella -
White Fabric With Desert Bronze Pole
599.00 25%449.25 2,695.50
4.00000 SHOP UMFF 8X10 WH/BZ: Frankford 8'x10' Rectangular
Umbrella - White Fabric With Desert Bronze Pole
1099.00 25%824.25 3,297.00
Continued...Page: 1 of 2
Woodgrain products are designed to mimic the look of natural wood and will contain variations.
Ask a customer experience associate for more details.
By the Yard
3283 Bluff Dr
Jordan, MN 55352-9375
(877) 220-0448
www.bytheyard.net
Sales Order 148119
Order Date:8/19/2025
BILL TO:SHIP TO:SHIPPING & DELIVERY
City of Cottage Grove River Oaks Golf
Course & Event Center
11099 Highway 61
Cottage Grove MN 55016-4143
(651) 493-8164
River Oaks Golf Course & Event Center
11099 Highway 61
Cottage Grove MN 55016-4143
(651) 493-8164
Attn: Andrew Sonn
asonn@cottagegrovemn.gov
COMMERCIAL STANDARD DELIVERY -
Curbside or dock delivery only. Items will
be assembled and delivered to your
business.
CUSTOMER PO TERMS SALESPERSON TOTAL SAVINGS
Due with Order Sue Maroney-Smith 25,799.73
QUOTE NBR SHIPPING TERMS SHIPPING VIA SHIPPING ZONE
QT008656 COMMERCIAL JORDAN TRUCK ZONE3
QTY.WHS ITEM PRICE DISC DISC PRICE TOTAL
18.00000 SHOP FT MEDIA CFG-AM: Fire Table Bowl Media - Tempered
Glass Gems - Aquamarine
54.00 25%40.50 729.00
6.00000 SHOP DSCCHAIR-MSCPTG: Cover For Deep Seat Chair With
Mission Arms
102.00 25%76.50 459.00
7.00000 SHOP DSCCOUCHCPTG: Cover For Deep Seat Couch 169.00 25%126.75 887.25
5.00000 SHOP FTC3658CPTG: Cover For 36" x 58" Rectangular Fire
Table
87.00 25%65.25 326.25
6.00000 SHOP UMEXFF EXT43 BZ: Frankford 43" Counter-Height
Extension Pole - Desert Bronze
39.00 25%29.25 175.50
4.00000 SHOP UMEXFF EXT47 BZ: Frankford 47" Bar-Height Extension
Pole - Desert Bronze
39.00 25%29.25 117.00
Payment Method. Payment Amount Order Total:78,749.17
Miscellaneous:0.00
Freight:865.00
0.00 Tax:5,473.47Payments Amount
Unpaid Amount 85,087.64 Total (USD):85,087.64
Page: 2 of 2
Woodgrain products are designed to mimic the look of natural wood and will contain variations.
Ask a customer experience associate for more details.
1
City Council Action Request
7.I.
Meeting Date 10/1/2025
Department Administration
Agenda Category Action Item
Title Amrize Nelson Mine - Final Environmental Impact Statement
Staff Recommendation Adopt Resolution 2025-147 authorizing the distribution of the Final
Environmental Impact Statement for the Nelson Backwaters Project.
Budget Implication N/A
Attachments 1. Memo - Nelson Mine FEIS CC - Request to Publish 2025-10-1
2. Resolution - FEIS Authorization to Publish
TO: Honorable Mayor and City Council
Background
• May 4, 2022 – Adoption of the Final Scoping Decision Document (SDD)
• November 13, 2024 – Determination of completeness for the Draft EIS and distribution for
public comment.
EIS Schedule.
Proposal
Honorable Mayor, City Council, and Jennifer Levitt
The existing Nelson Sand & Gravel Mine Facility mines aggregate in the Lower Grey Cloud Island
deposit and will exhaust its currently accessible minable reserves in approximately five years
given the current rate of mining, market trends, and geologic variations at the site. The proposed
Project’s purpose is to exercise Amrize’s lease to continue mechanical dredging operations in an
adjacent backwaters area of the Mississippi River to supply to the Twin Cities and other local
markets with construction quality natural aggregate for an additional 20 to 25 years.
• 4410.4400, Subpart 9B – development of a facility for the extraction or mining of sand,
gravel, stone, or other nonmetallic minerals other than peat, which will excavate 160 acres
of land or more to a mean depth of 10 feet or more during its existence, the local govern-
mental unit is the RGU.
• 4410.4400, Subpart 9C – development of a facility for the extraction or mining of sand,
gravel, stone, or other nonmetallic minerals other than peat, which will excavate 40 or
more acres of forested or other naturally vegetated land in a sensitive shoreland area or 80
or more acres of forested or other naturally vegetated land in a non-sensitive shoreland
area, the local governmental unit is the RGU.
EIS Schedule
Honorable Mayor, City Council, and Jennifer Levitt
The current phase is the Final EIS. The Final EIS is prepared responsive to substantive com-
ments received during the Draft EIS 45-day comment period. With the RGU’s decision on com-
pleteness, the Final EIS is published/distributed for a public comment period of no less than 10
days. The RGU must thereafter consider a determination of “adequacy” for the EIS.
Project Location Map
Draft Environmental Impact Statement (DEIS) Content
Project Purpose and Need
The proposed Project’s purpose is to exercise Holcim’s lease to continue mechani-
cal dredging operations in an adjacent backwaters area of the Mississippi River to
supply to the Twin Cities and other local markets with construction quality natural
aggregate for an additional 20 to 25 years.
Honorable Mayor, City Council, and Jennifer Levitt
Project Alternatives
The EIS must evaluate the “environmental, economic, employment, and sociological impacts”
(Minnesota Rule 4410.2300, Item H.) of the Project and will compare the potentially significant
impacts of the proposed Project with a No Action Alternative and other reasonable alternatives.
Nelson Mine Proposed Alternatives, as provided in the Draft EIS:
A. No Action Alternative: No expansion of the existing Nelson Sand and Gravel Mine Facility
B. Backwaters Project (proposed action): Moves mining area to 395-acre privately owned
parcel in the Mississippi River backwaters
C. Baldwin Lake: Moves mining area to privately-owned parcel in Mississippi River back-
waters
D. Coats Site: Off-Site, upland alternative. Greenfield construction of a new processing, ancil-
lary, and transportation facilities
E. Reduced Scale: Modified version of Alternative B, reducing mining area size by 40- acres.
DEIS Comments and Responses
Comment letters and emails received on the Draft EIS fell into five general categories of
commenters:
• Governmental Agencies
o MN Department of Natural Resources (MDNR)
o Minnesota Indian Affairs Council
o MN Pollution Control Agency
o National Park Service
o US Army Corps of Engineer (USACE)
o MN State Historic Preservation Office
o Metropolitan Council
• Local Government
o City of Rosemount
o Washington County
o Dakota County
• Sovereign Nation
o Prairie Island Indian Community
• Organizations
o Friends of the Mississippi River
o MN Center for Environmental Advocacy
o Upper Mississippi Waterway Association
o Union of Operating Engineers
o Aggregate & Ready Mix Association of MN
o Delta Waterfowl
• Concerned Nearby Residents
o River Acres residents
o Lower Grey Cloud Island residents
Honorable Mayor, City Council, and Jennifer Levitt
• Concerned Recreationalists/Additional Residents
Summary of Comments
Based on Minnesota Rules in 4410.2700, the Final EIS needs to respond to timely comments on
the Draft EIS in a manner consistent with the scoping decision. An appendix (Appendix F) was
added to the Final EIS that identifies the commenter, their individual comment, and then the re-
sponse. Some comments resulted in changes to the EIS document, leading to the Final EIS.
There were three topics that received numerous comments that required review of the EIS
content and revisions, and also a variety of other substantive comments necessitating thoughtful
responses. The main topics are described below with the number of people who commented on
that topic. The number of commenters does not include the numerous comments on the
respective topics that may have come from one letter or email, only the number of actual
commenters.
• Purpose and Need Statement
o Concerns: Six (6) people commented on the purpose and need statement. Com-
menters raised concern about the statement being overly narrow and focused on
private interests over the public interest. Concerns from the MDNR, Friends of the
Mississippi River, and others have concerns that a potentially narrow statement
limited the scope of the alternatives analysis.
o Responses: At the request of the City of Cottage Grove and MDNR, the proposer
studied an additional alternative called the Lakeland site that is adjacent to another
Amrize mining operation. This has been added to Appendix A in the Final EIS. Addi-
tionally, responses to comments on this topic highlighted the reasonable range of
alternatives studied without regard to whether they satisfy the proposer’s business
purposes. The alternatives screening report (Appendix A) describes a detailed,
multifactor analysis performed to review a large portion (20-mile circumference) of
the metro area for potential alternative sites.
• Cultural Resources and Tribal Engagement
o Concerns: Nineteen (19) people commented on cultural resources and tribal en-
gagement. Many commentors, whether state agencies, sovereign nations, or other
interested parties, voiced concerns about possible impacts to potential burial
mounds, on land and underwater. Similar comments expressed worry about the
project using outdated investigation methods and guidelines. Other commenters
asked about the use of an unanticipated discovery plan. Additionally, commenters
were concerned about the level of interaction with sovereign nations during the EIS
scoping and analysis process.
o Responses: As a first step, additions were made to the EIS to better articulate the
steps taken during the process to collect historic and archaeological data and how
and when engagement took place with state agencies and sovereign nations. An
unanticipated discovery plan has also been referenced in the EIS and responses
clarify its details will be developed during agency permitting processes. Other re-
sponses to comments clarified Minnesota state EIS requirements compared to a
federal environmental review process, including formal government-to-government
consultation. Upon initiation of a federal environmental review by the USACE, addi-
tional cultural resource review and tribal consultation may occur under USACE. As
Honorable Mayor, City Council, and Jennifer Levitt
well, additional cultural resource review and tribal coordination may occur under the
authority of other applicable permits/permitting agencies.
• Mississippi River Corridor Critical Area (MRCCA)
o Concerns: Seven (7) people commented on MRCCA. The MDNR, National Park
Service, and other agencies questioned the definition of “expansion” versus “new”
mining facility. MRCCA rules prohibit “new nonmetallic mining” and the commenters
believe the Nelson Mine proposal fits that definition.
o Responses: Alternative B proposes expansion of mining operations that have oper-
ated continuously on an adjacent site since the 1950s. Additionally, the City’s
MRCCA regulations do not prohibit expansion of nonmetallic mining operations.
State law recognizes the principle that a diminishing asset, such as a mineral de-
posit, should be permitted to be mined to the extent of the entire deposit and not
merely that area in which operations were being conducted at the time of the adop-
tion of the ordinance (Hawkins v. Talbot, 248 Minn. 549 (1957).
• Property Values
o Concerns: Five (5) people commented on property values. Residents, particularly
those living in the River Acres community, commented on how potential Nelson
Mine noise and views will reduce their property values. They addressed the quiet
and solitude of living on the river, ability to observe wildlife frequently, and enjoy
river recreation with their families. Concerns related to the facility moving closer to
their neighborhood, unnatural berms stark in their views, and losing the backwaters
as a recreation location were also relayed.
o Responses: Responses to these comments reflected that property values are af-
fected by a number of factors best understood by the residential and real estate
market and beyond the authority and expertise of the City of Cottage Grove as the
RGU. Responses referred to the City of Cottage Grove establishment of compre-
hensive planning, zoning, and other tools that guide land use decisions. Addition-
ally, Appendix C in the Final EIS includes vantage points in the viewshed analysis
from the water adjacent to the River Acres community.
• Visual Impacts
o Concerns: Twenty-Nine (29) people commented on views and visual impacts. As
with the topic of property values, many commenters focused on how proposed
berms would look from nearby parks and residential neighborhoods. Some com-
menters raised concerns about the view of the facility and light pollution from Spring
Lake Park, including from Schaar’s Bluff.
o Responses: Appendix C includes an analysis of vantage points taken in Spring
Lake Park, including from Schaar’s Bluff. The top elevation of the berms is pro-
posed to be approximately three feet higher than normal river level – this detail has
been updated in the Final EIS. More details about the berm design will be devel-
oped as project design progresses through state and federal permitting.
• Recreation
o Comments: Twelve (12) people commented on recreation. Commenters expressed
concern about losing valuable recreation spaces and hunting opportunities. This in-
Honorable Mayor, City Council, and Jennifer Levitt
cluded concerns about duck hunting, boating in the backwaters, and enjoying the
use of Spring Lake Park.
o Responses: The responses reflect the use of the land becoming industrial, and the
proposed mining areas would be unavailable to the public for recreational use dur-
ing project operations. Access to the boat launch, kayak trail, and island campsites
will not be directly affected by the proposed project.
• Noise
o Comments: Seventeen (17) people commented on noise. Comments identified con-
cerns about moving the facility from an inland location to a water location, and how
aquatic species may be impacted by the facility being moved to backwaters, particu-
larly during spawning periods.
o Responses: Responses were prepared for Final EIS Appendix F. The RGU had
neutral subject matter specialists review the comments and it was deemed that the
Draft EIS content and analysis was satisfactory.
• PFAS
o Comments: Nine (9) people commented on PFAS. Some commenters expressed
concern for PFAS seeping into groundwater from the dredging process.
o Responses: The responses point commenters to the section of the EIS that ana-
lyzes contamination issues and reiterates that the Nelson Mine does not have any
known PFAS sources on-site and sampling indicates there would likely be no re-
strictions on reuse or placement of dredged materials. Additionally, there is no
groundwater/aquifer pumping associated with the project.
Government Permits or Approvals
The Final EIS contains a table listing any known permits or approvals that will be required for the
Project. Approval of permits is contingent on the Proposer meeting the individual requirements of
each permit in this mandatory EIS process.
Council Action
The intended action for the Cottage Grove City Council is to distribute the Final EIS. It will be
published in the EQB Monitor on October 14, 2025, for a 10-day public comment period that will
end on October 28, 2025. Simultaneous with the Final EIS publication, responses to parties
providing substantive comments would be delivered by the RGU (in the form of the
comment/response table that is in the Final EIS, Appendix F). The City Council is anticipated to
act on the Final EIS’s Determination of Adequacy on November 5, 2025.
The Final EIS is available for review on the City’s website and will be available in the EQB
Monitor after publication.
Recommendation
That the City Council adopt Resolution 2025-147 authorizing distribution of the Final
Environmental Impact Statement for the Nelson Backwaters Project.
CITY OF COTTAGE GROVE, MINNESOTA
A RESOLUTION ORDERING DISTRIBUTION OF A FINAL ENVIRONMENTAL
IMPACT STATEMENT FOR AMRIZE (FORMERLY HOLCIM – MWR, INC.) NELSON
MINE BACKWATER PROJECT
WHEREAS, Minnesota Rules 4410.2000 Subpart 2 provides guidance on the
circumstances that require an EIS; and
WHEREAS, the City prepared a Draft Scoping Decision Document (SDD) and a
Draft Scoping Environmental Assessment Worksheet (SEAW) for Amrize (formerly
Holcim – MWR, Inc.) Nelson Mine Backwater Project; and
WHEREAS, the Notice of Availability of the SDD and SEAW was published in the
Environmental Quality Board Monitor on March 15, 2022, and the City held a scoping
meeting on March 28, 2022; and
WHEREAS, the City prepared a final Scoping Decision Document based on the
SEAW and on consideration of all comments received on the project during the EIS
scoping period; and
WHEREAS, the City adopted the final Scoping Decision Document and authorized
preparation of a Draft EIS on May 4, 2022, with resolution 2022-076; and
WHEREAS, the City prepared a Draft Environmental Impact Statement (Draft EIS)
for Amrize (formerly Holcim – MWR, Inc.) Nelson Mine Backwater Project; and
WHEREAS, the Notice of Availability of the Draft EIS was published in the
Environmental Quality Board Monitor on December 3, 2024 for a 45-day comment period;
and
WHEREAS, a public meeting on the Draft EIS was held on December 19, 2024;
and
WHEREAS, the City prepared a Final Environmental Impact Statement (Final EIS)
based on the SEAW and Draft EIS and on consideration of all comments received on the
project during the EIS scoping period and Draft EIS comment period; and
WHEREAS, Minnesota State Rules require distribution of the Final EIS for a 10-
day comment period; and
WHEREAS, Minnesota State Rules require the Final EIS to be published in the
Environmental Quality Board (EQB); and
NOW THEREFORE BE IT RESOLIVED, the City Council of the City of Cottage
Grove, County of Washington, State of Minnesota, authorizes city staff to make the Final
EIS for the Amrize (formerly Holcim – MWR, Inc.) Nelson Mine Backwater Project
prepared in accord with final Scoping Decision Document and Draft EIS available for
City of Cottage Grove, Minnesota
public review and comment, pursuant to the applicable rules of the Minnesota
Environmental Quality Board.
st day of October 2025.
1
City Council Action Request
7.J.
Meeting Date 10/1/2025
Department Administration
Agenda Category Action Item
Title Transition Building - Stormwater Management Facilities Agreement
Staff Recommendation Approve the Stormwater Management Facilities Agreement
between the City and South Washington County School District 833
for the Transition School Site located at 7000 Jamaica Avenue
South; appropriate officials are hereby authorized to sign the
Stormwater Management Facilities Agreement to effectuate this
action.
Budget Implication N/A
Attachments 1. Memo - Stormwater Agreement Transition Building
2. Agreement - Stormwater Management Facilities (Signed 9-24-25 - school)
To: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
From: Max Erickson, Planner
Date: October 1, 2025
Re: Transition Building – Stormwater Management Facilities Agreement
Background
To meet the requirements of the City’s Municipal Separate Storm Sewer System (MS4) Permit
with the Minnesota Pollution Control Agency (MPCA), the City must require property owners to
inspect and maintain their private stormwater facilities. These facilities include ponds, sump catch
basins, and infiltration basins that only treat stormwater runoff from private property. These
facilities are designed, built, and maintained to remove pollutants, such as sediment, to protect
the quality of downstream water bodies.
On June 4, 2025, the City Council approved a Variance, Site Plan Review, and Conditional Use
Permit to allow the use of an educational facility and expansion of a building at 7000 Jamaica
Avenue South. The future facility known as the “Transition School” will be utilized as a post high
school educational facility for students that are continuing their Individualized Education Plan. The
proposed project includes construction of a new stormwater pond onsite for treatment of
stormwater runoff per city standards.
The Stormwater Management Facilities Agreement states that the owner, South Washington
County School District 833, will inspect and maintain the stormwater facilities so they function as
designed. This Agreement gives the City the right to enter the property, conduct maintenance
inspections and assess the owner for the costs of repair if the responsibility has defaulted to the
city.
Recommendation
It is recommended that the City Council approve the Stormwater Management Facilities
Agreement between the City and South Washington County School District 833 for the Transition
School Site located at 7000 Jamaica Avenue South; appropriate officials are hereby authorized
to sign the Stormwater Management Facilities Agreement to effectuate this action.
1
(Reserved for Recording Data)
STORMWATER MANAGEMENT FACILITIES AGREEMENT
This Stormwater Management Facilities Agreement (“Agreement”) is made, entered into
and effective this ____ day of _________________, 2025, by and between the City of Cottage
Grove, a Minnesota municipal corporation (“City”), and Independent School District 833, a
Minnesota public corporation (“School District”).
WHEREAS, Developer is the fee owner of certain real property situated in the City of
Cottage Grove, County of Washington, State of Minnesota legally described as follows:
Outlot A, Pinetree Pond East
Abstract Property
PID: 10.027.21.22.0001
(the “Property”); and
WHEREAS, Developer has obtained the approval of the City for the development of a
portion of the Property for a Stormwater Management Facilities; and
WHEREAS, as used herein, the term “Stormwater Management Facilities” may refer to
water quality and/or water quality facilities (i.e. detention basins, retention basins, filtration basins,
swales, structures, pipes, etc.) which are located outside the public road right-of-way; and
WHEREAS, the City has required that the Developer make provision for the construction,
maintenance and repair of the Stormwater Management Facilities located within the boundaries of
the Property as shown on Exhibit A attached hereto, as the same is described and depicted in those
certain construction plans drawn by KOMA Inc. dated May 2, 2025 (“Plans”); and
2
WHEREAS, the City and Developer desire to set forth their understanding with respect to
the construction, repair and maintenance of the Stormwater Management Facilities and the
responsibility relating to the costs of the repair and maintenance of the Stormwater Management
Facilities.
NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto hereby agree as follows:
1. Construction and Maintenance of Stormwater Management Facilities. The
Developer agrees to construct the Stormwater Management Facilities according to the Plans and
repair at its sole cost and expense. Maintenance of the Stormwater Management Facilities shall
mean (i) generally accepted propagation techniques, such as periodic mowing and spot spraying
noxious weeds, and maintenance of the native vegetation around the pond to ensure establishment
of healthy, functioning plant life; and (ii) an annual inspection, and certification, by a qualified
individual or company acceptable to the City that the Stormwater Maintenance Facilities are
functioning in accordance with the approved Plans. If, as a result of an inspection by a qualified
individual or company acceptable to the City or City staff, it is determined that the Stormwater
Maintenance Facilities (1) have not been maintained; or (2) are not functioning as originally
designed and intended; or (3) are in need of repair, the Developer agrees to restore the Stormwater
Maintenance Facilities so that it functions as it was designed and intended.
Subject to Section 5 below, Developer shall be solely responsible for the repair and
maintenance of the Stormwater Maintenance Facilities and shall provide a copy of the required
annual inspection report to the City. If the required annual inspection report is not submitted to the
City by September 30th of each year, the Developer shall provide the City with the right to enter
onto the property to conduct the annual inspection.
2. Developer’s Default. In the event of default by the Developer as to any of the work
to be performed by it hereunder, following at least thirty (30) days prior written notice and
Developer’s failure to cure such default within such time-frame, except in an emergency as
determined by the City, the City may, at its option, perform the work and the Developer shall
promptly, following receipt of an invoice and reasonable substantiation of such costs, reimburse
the City for any reasonable out-of-pocket expense incurred by the City. This Agreement is a license
for the City to act when so authorized under this Agreement, and it shall not be necessary for the
City to seek a Court order for permission to enter the Property. When the City does any such work,
the City may, in addition to its other remedies, assess the reasonable out-of-pocket cost in whole
or in part.
3. Future City Policy. Notwithstanding anything contained in this Agreement to the
contrary, in the event the City shall in the future establish a policy for repair and maintenance by
the City of stormwater ponds or permanent stormwater features owned by private parties located
elsewhere in the City under which policy the costs of such repair and maintenance are to be paid
either out of general City revenues or by collection of utility or service fees or charges, then any
owner of any portion of the Property shall be entitled to petition the City for the Stormwater
Maintenance Facility under such repair and maintenance program. The recording of a certified
copy of the Resolution of the City Council of the City which sets forth the consent and
3
authorization described in the foregoing sentence shall serve to terminate this Agreement, without
further action on the part of any party hereto.
4. Changes to Site Configuration or Stormwater Management Facilities. If site
configurations or Stormwater Management Facilities change, causing decreased material
effectiveness of stormwater management facilities, updated Stormwater Management Facilities in
same or similar condition as the original facility must be implemented to ensure the conditions for
post-construction stormwater management continue to be met.
5. Terms and Conditions. This Agreement shall run with the land and shall be binding
upon Developer’s successors and assigns with respect to the Property. The terms and conditions
of this Agreement shall be binding upon and shall insure to the benefit of the parties hereto and
their respective successors and assigns.
6. Developer Warranty. Developer warrants and represents the following to the City
and acknowledges that this Agreement has been duly executed and delivered and constitutes the
legal, valid and binding obligation of Developer enforceable in accordance with its terms. The
party signing on behalf of the Developer has been duly authorized by the entity to sign the
Agreement and bind the entity. Developer has been duly formed under the laws of the State of
Minnesota and is in good standing under the laws of the jurisdiction in which the Property is
located, is duly qualified to transact business in the jurisdiction in which the Property is located,
and has the requisite power and authority to enter into and perform this Agreement and the
documents and instruments required to be executed and delivered by Developer pursuant hereto.
This Agreement and the documents and instruments required to be executed and delivered by
Developer pursuant hereto have each been duly authorized by all necessary action on the part of
Developer and such execution, delivery and performance does and will not conflict with or result
in a violation of Developer’s organizational agreement or any judgment or order. The execution,
delivery and performance by Developer of this Agreement will not (a) violate any provision of any
law, statute, rule or regulation or any order, writ, judgment, injunction, decree, determination or
award of any court, governmental agency or arbitrator presently in effect having applicability to
Developer, or (b) result in a breach of or constitute a default under any indenture, loan or credit
agreement or any other agreement, lease or instrument to which Developer is a party or by which
it or any of its properties may be bound.
7. Amendment and Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may extend the time for the performance
of any of the obligations of another, waive any inaccuracies in representations by another contained
in this Agreement or in any document delivered pursuant hereto which inaccuracies would
otherwise constitute a breach of this Agreement, waive compliance by another with any of the
covenants contained in this Agreement, waive performance of any obligations by the other or
waive the fulfillment of any condition that is precedent to the performance by the party so waiving
of any of its obligations under this Agreement. Any agreement on the part of any party for any
such amendment, extension or waiver must be in writing. No waiver of any of the provisions of
this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or
not similar, nor shall any waiver constitute a continuing waiver.
8. Governing Law. This Agreement shall be governed by and construed in accordance
4
with the laws of the State of Minnesota.
9. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original but all of which shall constitute one and the same
instrument.
10. Consent. Developer consents to the recording of this Agreement.
11. Limitation of Liability. Notwithstanding any other provision of this Agreement, in
no event shall either party or any of their affiliates, by reason of any of their respective acts or
omissions be liable whether in contract, tort, misrepresentation, warranty, negligence, strict
liability or otherwise for any special, indirect, incidental or consequential damages arising out of
or in connection with this Agreement, or the performance, non-performance or breach thereof.
12. Notice. Notice shall mean notices given by one party to the other if in writing and
if and when delivered or tendered: (i) in person; (ii) by depositing it in the United States mail in a
sealed envelope, by certified mail, return receipt requested, with postage and postal charges
prepaid, or (iii) by proper and timely delivery to an overnight courier service.
If to City: City of Cottage Grove
Attention: City Administrator
12800 Ravine Parkway South
Cottage Grove, MN 55016
If to Developer: Independent School District 833
Attention: Superintendent
7362 E. Point Douglas Road South
Cottage Grove, MN 55016
or to such other address as the party addressed shall have previously designated by notice given in
accordance with this Section. Notices shall be deemed to have been duly given on the date of
service if served personally on the party to whom notice is to be given, on the third day after
mailing if mailed by United States postal service as provided above, or within twenty-four (24)
hours if sent via overnight courier service provided, that a notice not given as above shall, if it is
in writing, be deemed given if and when actually received by a party.
[The remainder of this page was intentionally left blank.]
5
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed
as of the day and year first above written.
CITY:
CITY OF COTTAGE GROVE
By:
Myron Bailey
Its: Mayor
By:
Tamara Anderson
Its: City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this day of , 2025, before me a Notary Public within and
for said County, personally appeared Myron Bailey and Tamara Anderson to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk
of the City of Cottage Grove, the municipality named in the foregoing instrument, and that the said
instrument was signed on behalf of said municipality by authority of its City Council and said Mayor
and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
A-1
EXHIBIT A
STORMWATER MAINTENANCE FACILITIES PLANS
A-2
1
City Council Action Request
7.K.
Meeting Date 10/1/2025
Department Community Development
Agenda Category Action Item
Title Settlers Bluff - Irrigation Encroachment Agreements
Staff Recommendation 1) Approve the Encroachment Agreement with the Settlers Bluff
Homeowner Association for existing irrigation lines installed in
Outlots B and E of Settlers Bluff. 2) Approve the Encroachment
Agreement with the Settlers Bluff Homeowner Association for
existing irrigation lines installed in Outlot B of the Settlers Bluff 2nd
Addition.
Budget Implication N/A
Attachments 1. Memo - Settlers Bluff Irrigation Encroachment Agreements
2. Settlers Bluff HOA Signed
3. Settlers Bluff 2nd Addition HOA Signed
TO: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
FROM: Samantha Pierret, Senior Planner
DATE: September 24, 2025
RE: Settlers Bluff – Irrigation Encroachment Agreements
Proposal/Discussion
Settlers Bluff was platted in 2021 by Capstone Homes with 155 detached townhome sites. This
neighborhood is maintained by the HOA including but not limited to snow removal, lawn care, and
irrigation. The Developer installed private irrigation lines in the development that crossed Outlots
B and E in the Settlers Bluff Addition and Outlot B in the Settler’s Bluff 2nd Addition. Both outlots
were dedicated to the City of Cottage Grove therefore, an encroachment agreement is required
Honorable Mayor, City Council, and Jennifer Levitt
to ensure clarity in maintenance responsibility of the private irrigation infrastructure within a city
owned outlot. The agreement would be with the Settlers Bluff Homeowner Association.
Recommendation
nd Addition.
1
City Council Action Request
7.L.
Meeting Date 10/1/2025
Department Community Development
Agenda Category Action Item
Title Mississippi Landing - Irrigation Encroachment Agreement
Staff Recommendation Approve the Encroachment Agreement with the Mississippi Landing
Liberty Homes Association for existing private irrigation lines
installed in Lots 4 and 5, Block 5, Lots 5 and 6, Block 4, and Outlot
Q of the Mississippi Landing 1st Addition and proposed private
irrigation lines to be installed in Lots 25 and 26, Block 2, and Outlot
A of the Mississippi Landing 2nd Addition.
Budget Implication N/A
Attachments 1. Memo - Mississippi Landing Irrigation Encroachment Agreements CC Memo
2. Agreement - Capstone Signed
TO: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
FROM: Samantha Pierret, Senior Planner
DATE: September 24, 2025
RE: Mississippi Landing – Irrigation Encroachment Agreements
Proposal/Discussion
Mississippi Landing 1st Addition was platted in 2024 by Rachel Development with 110 single
family lots. Some of the lots were subsequently sold to Capstone Homes, Inc. The Capstone
Homes neighborhood is maintained by the HOA including but not limited to snow removal, lawn
care, and irrigation. Private irrigation lines were installed that cross a city-owned stormwater pipe
in Lots 4 and 5, Block 5 and Lots 5 and 6, Block 4 as part of Capstone’s development. Private
irrigation lines were also installed in a portion of city-owned Outlot Q.
Mississippi Landing 2nd Addition was platted with 80 single family lots in April 2025. Capstone
Homes, Inc. is incrementally purchasing lots in this addition for development. Private irrigation
Honorable Mayor, City Council, and Jennifer Levitt
lines are proposed to be installed over the city-owned stormwater pipe in Lots 25 and 26, Block 2
and within city-owned Outlot A of the Mississippi Landing 2nd Addition.
Recommendation
st Addition and proposed
private irrigation lines to be installed in Lots 25 and 26, Block 2 and Outlot A of the
Mississippi Landing 2nd Addition.
1
City Council Action Request
7.M.
Meeting Date 10/1/2025
Department Engineering
Agenda Category Action Item
Title Cooperative Agreement for Erosion and Sediment Control
Inspection Database Migration and Management
Staff Recommendation Approve the Cooperative Agreement between the City of Cottage
Grove and the City of Woodbury for Erosion and Sediment Control
Inspection Database Migration and Management.
Budget Implication $8,220 - Stormwater Utility Fund
Attachments 1. CC_Memo_Approve_Migration_Agreement_9-24-25
2. Cooperative Agreement_Erosion & Sediment Control Inspection Database Migration &
Management Agreement wExhibit (Cottage Grove) 9.25.25
To: Honorable Mayor and City Council
From: Joe Fox, P.E., Project Engineer
Date: September 24, 2025
Re: Erosion and Sediment Control Inspection Database Migration and Management
Agreement
Background/Discussion
Recommendation
1
COOPERATIVE AGREEMENT BETWEEN THE CITY OF COTTTAGE GROVE AND THE
CITY OF WOODBURY FOR EROSION AND SEDIMENT CONTROL INSPECTION
DATABASE MIGRATION AND MANAGEMENT
This Cooperative Agreement (this “Agreement”) is made this ___ day of _______________, 2025 by and
between the City of Woodbury, a Minnesota municipal corporation located at 8301 Valley Creek Road,
Woodbury, MN 55125 (“Woodbury”), and the City of Cottage Grove, a Minnesota municipal corporation
located at 12800 Ravine Pkwy S, Cottage Grove, MN 55016 (“Cottage Grove”) (each a “City”,
collectively, “Cities”).
RECITALS
A. Woodbury and Cottage Grove each hold Municipal Separate Storm Sewer System (MS4)
Permits from the Minnesota Pollution Control Agency (MPCA).
B. Both Cities are responsible for overseeing active construction sites within their respective
jurisdictions as part of their MS4 compliance obligations.
C. The Cities and the South Washington Watershed District (SWWD) have historically utilized
a workflow within ESRI’s ArcGIS Online (AGOL) hosted digital platform to document and
report erosion and sediment control inspections on active construction sites.
D. SWWD hosted the AGOL solution on their organization’s account as SWWD’s jurisdiction
overlapped that of the Cities.
E. SWWD is no longer an MS4 permittee based on a recent decision by the MPCA.
F. SWWD is no longer responsible for inspecting active construction sites within their
jurisdiction for MS4 purposes and therefore requests Woodbury and Cottage Grove to take
ownership of the AGOL digital platform.
G. Woodbury and Cottage Grove desire to pursue a partnership to migrate and collaboratively
manage a shared digital platform to document erosion and sediment control inspections on
active construction sites, referred to herein as the “Project”.
H. Woodbury and Cottage Grove are authorized to enter into this Agreement pursuant to Minn.
Stat. § 471.59.
NOW, THEREFORE, in consideration of the mutual promises set forth herein and other good and
valuable consideration, the parties agree as follows:
AGREEMENT
I. SERVICES TO BE PROVIDED.
A. The Project includes, by way of general summary, a two-phased plan consisting of: (1)
migration from SWWD’s AGOL account to a shared digital platform between Woodbury and
Cottage Grove (“Phase 1”), and (2) ongoing management of the shared digital platform
(“Phase 2”).
B. A proposal dated August 26, 2025, incorporated herein as Exhibit A, outlines the scope of
services provided by WSB LLC for the execution of Phase 1. Each City’s responsibilities with
respect to the execution of Phase 1 and Phase 2 shall be as outlined in this Agreement.
C. All services provided by Woodbury and its consultants shall be provided in a manner
consistent with the level of care and skill ordinarily exercised by professional consultants
currently providing similar services.
2
II. WOODBURY RESPONSIBILITIES. Woodbury will:
A. Award contracts as necessary to complete the digital platform migration from SWWD’s
AGOL account to a shared digital platform between Woodbury and Cottage Grove pursuant
to the scope of services outlined in Exhibit A, referred to as Phase 1 of the Project.
B. Pay half of the costs related to the digital platform migration for Phase 1 of the Project, not to
exceed $8,220.00.
C. Lead project management meetings and provide input for work completed in Phase 1.
D. Provide Cottage Grove access to their data with their accounts while hosted within
Woodbury’s account
E. Provide ongoing maintenance of the shared digital platform in Phase 2.
III. COTTAGE GROVE RESPONSIBILITIES. Cottage Grove will:
A. Provide Woodbury and its consultants with the information necessary to perform Phase1.
B. Pay half of the costs related to the digital platform migration for Phase 1 of the Project, not to
exceed $8,220.00.
C. Attend all necessary project management meetings and provide input for work completed in
Phase 1.
D. Contribute annual funding to cover its share of credit usage for Phase 2 of the Project.
E. Provide input, as needed, for the ongoing maintenance of the shared digital platform in Phase
2.
IV. COST OF SERVICES. Upon completion of Phase 1 of the Project, Woodbury shall invoice
Cottage Grove for fifty percent (50%) of the total Phase 1 project and consultant costs, not to exceed
$8,220.00. For Phase 2 of the Project, no direct costs are anticipated to be invoiced by Woodbury to
Cottage Grove for staff time, as ongoing shared digital platform management is expected to require
minimal staff involvement. Should unanticipated costs arise in Phase 1 or additional staff time be
required for shared digital platform management in Phase 2, Woodbury may invoice Cottage Grove
for fifty percent (50%) of such costs, or as otherwise mutually agreed upon in writing.
Both Woodbury and Cottage Grove shall be responsible for their own credit usage associated with
the shared digital platform. Since Woodbury is managing the shared digital platform and is the
technical account owner, all credit usage incurred by both Cities will initially be billed to Woodbury.
Woodbury shall annually submit to Cottage Grove, at the end of each calendar year, an itemized
invoice for its proportionate share of credit usage costs. Each City shall also be independently
responsible for its own subscription fees associated with the shared digital platform; such subscription
fees are separate from, and not governed by, this Agreement.
V. TERM AND TERMINATION OF AGREEMENT.
A. This Agreement will be effective as of the date all of the signatures required below have been
provided (“Effective Date”) and will continue in effect until terminated pursuant to the
provisions of this Agreement.
3
B. This Agreement may be terminated by either City upon sixty (60) days’ written notice
delivered to the other City to the addresses listed in Section XII of this Agreement. Upon
termination under this provision, if there is no default by Woodbury, Woodbury shall be paid
for any services provided under this Agreement until the effective date of termination.
C. This Agreement may be terminated by either City upon written notice in the event of
substantial failure by the other City to perform in accordance with the terms of this Agreement.
The non-performing City shall have thirty (30) days from the date of the termination notice to
cure or submit a plan for cure that is acceptable to the other City.
VI. DATA. Each City shall retain sole ownership, control, and management of all data it inputs into,
generates within, or otherwise contributes to the digital platform. Each City shall be responsible for the
accuracy, integrity, security, and maintenance of its data. In the event that the Cities terminate their
collaboration or otherwise choose to discontinue their joint use of the digital platform, each City shall be
entitled, without restriction or obligation to the other, to extract, retain, and continue to use its own data.
Nothing in this Agreement shall be construed to grant either City any rights, title, or interest in the other
City’s Data.
VII. INDEPENDENT CONTRACTOR. Woodbury and Cottage Grove have an independent
contractor relationship. The personnel and contractors of Woodbury shall not be deemed employees of
Cottage Grove. The personnel and contractors of the Cottage Grove shall not be deemed employees of
Woodbury.
VIII. INDEMNIFICATION.
To the fullest extent permitted by law, Cottage Grove expressly agrees to relieve, indemnify, defend, and
hold harmless Woodbury, its officers, and employees from and against any liability, claims, actions,
damages, losses, and expenses, including, but not limited to, reasonable attorney’s fees and costs arising
out of the services provided under this Agreement, including, but not limited to, any alleged negligent or
willful actions or omissions on Cottage Grove’s part. In no event shall Cottage Grove be liable to
Woodbury for consequential, incidental, indirect, special, or punitive damages.
To the fullest extent permitted by law, Woodbury expressly agrees to relieve, indemnify, defend, and
hold harmless Cottage Grove, its officers, and employees from and against any liability, claims, actions,
damages, losses, and expenses, including, but not limited to, reasonable attorney’s fees and costs arising
out of the services provided under this Agreement, including, but not limited to, any alleged negligent or
willful actions or omissions on Woodbury’s part. In no event shall Woodbury be liable to Cottage Grove
for consequential, incidental, indirect, special, or punitive damages.
Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on
liability to which the Cities may be entitled under Minnesota Statutes, Chapter 466 or otherwise. The
statutory liability limits may not be added together to increase the maximum amount of liability for any
third party claim.
IX. DISCLAIMER. Digital platform and digital platform management are provided "AS IS,"
without any warranties or guarantees of any kind, either express or implied, including, without limitation,
the implied warranties of merchantability, fitness for a particular purpose and non-infringement. To the
fullest extent permitted by applicable law, Woodbury expressly disclaims all warranties, including,
4
without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-
infringement, accuracy, completeness, reliability, or that the digital platform will be uninterrupted or
error-free. No oral or written information or advice given by Woodbury or its representatives shall create
any warranty not expressly stated in this Agreement. In no event shall Woodbury be liable for the cost
of procurement of substitute goods, lost profits, or any other special, direct, consequential, or incidental
damages, however caused, whether or not Woodbury has been advised of the possibility of such
damages.
X. INSURANCE. The Cities are required to maintain Workers’ Compensation Insurance for all
their employees in accordance with the statutory requirements of the State of Minnesota.
XI. THIRD PARTY RIGHTS. The parties to this Agreement do not intend to confer on any third
party any rights under this Agreement.
XII. NOTICES. Any notices given under this Agreement by either City to the other shall be by
email or in writing and may be affected by email verification, by personal delivery with signed receipt,
or by registered or certified mail with postage prepaid and return receipt requested. Notice delivered
through email, personally, or by mail will be deemed communicated as of the date of actual receipt.
Mailed notices shall be addressed to and sent to the address below:
City of Woodbury City of Cottage Grove
Attn: City Administrator Attn: City Administrator
8301 Valley Creek Road 12800 Ravine Parkway South
Woodbury, MN 55125 Cottage Grove, MN 55016
XIII. MISCELLANEOUS PROVISIONS.
A. Entire Agreement. This Agreement shall constitute the entire agreement regarding the Project
between Woodbury and Cottage Grove, and supersedes any other written or oral agreements
regarding the Project between Woodbury and Cottage Grove. This Agreement can only be
modified in writing signed by Woodbury and Cottage Grove.
B. Data Practices Act Compliance. Data provided, produced or obtained under this Agreement
shall be administered in accordance with the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13. Woodbury and Cottage Grove will each respond to any data
requests made to them.
C. Audit. Both Cities agree that their duly authorized agents, and the state auditor or legislative
auditor shall have reasonable access to the Cities’ respective books, records, documents, and
accounting procedures and practices that are pertinent to all services provided under this
Agreement and shall retain such records for a minimum of six (6) years from the termination
of this Agreement.
D. Choice of Law and Venue. All issues concerning this Agreement will be governed by and
construed in accordance with the laws of the State of Minnesota, without giving effect to any
choice of law or conflict of law provision or rule (whether of the State of Minnesota or any other
5
jurisdiction) that would cause the application of the law of any jurisdiction other than the State
of Minnesota. All legal proceedings shall be venued in the County of Washington or federal
district court in Minneapolis/St. Paul. The prevailing party in any dispute arising from or relating
to this Agreement, whether by judgment, summary judgment, dismissal, settlement or otherwise,
shall be entitled to an award of reasonable attorney’s fees and costs from the non-prevailing party.
E. No Assignment. This Agreement may not be assigned by either City without the written consent
of the other City.
F. No Discrimination. Cities agree not to discriminate in providing products and services under
this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual
orientation, status with regard to public assistance, or religion.
G. Severability. The provisions of this Agreement are severable. If any portion of this Agreement
is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision
will not affect the remaining provisions of the Agreement.
H. Waiver. Any waiver by either City of a breach of any provision of this Agreement will not affect,
in any respect, the validity of the remainder of this Agreement.
I. Compliance with Laws. Woodbury and its contractors shall exercise due professional care
to comply with applicable federal, state and local laws, rules, ordinances and regulations in
effect as of the date of the Project.
J. Headings. The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit, or affect the scope and intent of this
Agreement.
[The remainder of this page is intentionally left blank]
6
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly
authorized officials, this Agreement as of the date first written above.
CITY OF WOODBURY CITY OF COTTAGE GROVE
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August 26, 2025
Mr. Eric Kopras
GIS Coordinator
City of Woodbury
8301 Valley Creek Road
Woodbury, MN 55125
Re: ESC Inspection Migration and Configuration
Dear Mr. Kopras,
I am pleased to submit this statement of work (SOW) on behalf of WSB to provide Geographic
Information Systems (GIS) consulting support services for the City of Woodbury (the City).
PROJECT UNDERSTANDING
Based on conversations with City staff, it is our understanding that the City seeks support from
WSB to migrate South Washington Watershed District’s (SWWD) Erosion Sediment Control
(ESC) Inspection solution into the City’s ArcGIS Online (AGOL) and configure the solution to
better suit the City’s current needs.
To help the City achieve these goals, WSB will perform the following tasks below.
SCOPE OF SERVICES
1.Migration of SWWD ESC Inspection Solution
WSB will migrate the existing ESC Inspection Solution from SWWD’s ArcGIS Online
(AGOL) environment to Woodbury’s AGOL environment. This migration will include all
associated components, such as report templates (for both Woodbury and Cottage
Grove), web maps, feature layers, forms, and any connected data. WSB will coordinate
with City staff as needed to verify that all items are identified, transferred, and functioning
as intended in the new environment.
2.Configure and Modify the ESC Solution
WSB will configure the solution to function in alignment with SWWD’s existing solution.
As part of this effort, WSB will develop all required hosted feature layers, web maps,
forms, and report templates. Popups within the web maps will be configured to ensure
that attributes and project data are properly transferred into ArcGIS Survey123.
Additionally, WSB will update the existing form/survey configuration to support repeated
photo submissions in the field, replacing the current limitation of a fixed maximum
number of photos. WSB will collaborate closely with City staff to review and confirm
survey attributes, field aliases, and form design to ensure the final deliverables align with
the City’s requirements.
EXHIBIT A
Mr. Eric Kopras
August 26, 2025
Page 2
Training & Education
WSB will provide training to Woodbury’s City GIS staff virtually via Microsoft Teams, utilizing
screen-sharing capabilities. The training will equip staff with the knowledge and skills needed to
maintain and manage the final product including feature layers and associated data, web maps,
and Survey123 applications independently in the future.
ADDITIONAL SERVICES
If the City requires additional services outside the scope of this agreement, those services will be
completed for an additional fee using WSB’s 2025 standard rates as shown below. Additional
services will only be completed upon amendment to an existing agreement for the services
outlined in this statement of work or a new agreement.
• Principal | Associate: $195 - $281
• GIS Specialist | Sr. GIS Specialist: $86 - $188
COST SUMMARY
All work done as part of this SOW will be billed on a cost -not-to-exceed basis, invoiced monthly
with the total cost not exceeding $16,440.
ACCEPTANCE
This SOW represents our entire understanding of the proposed scope of services. If the work
outlined in this SOW is found acceptable, we can prepare an amendment to our existing GIS
Consulting professional service agreement (PSA) for the work described.
Thank you for this opportunity to assist the City with migrating SWWD’s ESC Inspection Solution
to Woodbury’s AGOL and configuring the solution to match the City’s needs. I am confident that
the level of service on this project will meet or exceed your expectations. If you should have any
questions regarding this SOW, please contact me at 763-202-3488.
Sincerely,
WSB
Justin Hansen
Director of GIS Services
1
City Council Action Request
8.A.
Meeting Date 10/1/2025
Department Finance
Agenda Category Action Item
Title Approve Disbursements
Staff Recommendation Approve disbursements from 09-12-2025 through 09-25-2025 in the
amount of $5,325,127.11.
Budget Implication N/A
Attachments 1. Expense Approval Report 10-01-2025 Council Meeting
2. Payroll Check Register 10-01-25 Council Meeting
3. UB Check Register 10-01-25 Council Meeting
1
City Council Action Request
13.A.
Meeting Date 10/1/2025
Department Engineering
Agenda Category Presentation
Title Ravine Parkway (85th Street to Keats Avenue) Feasibility Report
Staff Recommendation Receive information on the draft Ravine Parkway (85th Street to
Keats Avenue) Feasibility Report and provide feedback to staff.
Budget Implication N/A
Attachments 1. Ravine Parkway 85th Street-Keats Ave CC Workshop Memo
2. Ravine Parkway Draft FR attachments
To: Honorable Mayor and City Council
From: Paul Sponholz, PE, City Engineer
Date: September 25, 2025
Re: Ravine Parkway – 85th Street to Keats Ave – Draft Feasibility Report
Background
th
Street to Keats Ave. With strong development interest, the report will help with financial
planning for the necessary infrastructure to support development in this area of the City.
th Street. This corridor
will include a large 140’ right-of-way, allowing for large boulevard areas, and a buffer between
the trail and private property. Both the boulevard and buffer areas would include trees, which
add to the “parkway” feel. Finally, landscaped medians would be included as the parkway
approaches Keats Ave, 70th Street, and 80th Street. Below is a street cross section that is
included in the East Ravine Master Plan, for the section of roadway from that runs from City Hall
and continuing across the Tank and Goebel properties.
Honorable Mayor, City Council, and Jennifer Levitt
Similar to the sections of roadway built in 2018 and 2019, it will be necessary to follow the
Chapter 429 assessment process for the section of Ravine Parkway on the east side of Keats
Avenue. Ravine Parkway will serve as the primary collector roadway for all of these
neighborhoods, so it will need to be funded as such. To ensure all benefiting properties share in
the funding, the feasibility study has determined assessments on a per acre basis. This will
allow assessment amounts to be determined for the existing properties, which would be
deferred until the time of sale for development. This means that the current land use can
continue, and the assessments are deferred with no interest until development occurs. This
same deferred assessment process was used for Ravine Parkway in 2018 and 2019, along with
Hadley Avenue in 2016 and 2021.
Discussion
Feasibility Report: The project team has completed a draft of the feasibility report. Before
finalizing the report, the draft report and proposed assessments will be presented to the council
members. Attached is a draft layout of the proposed Ravine Parkway and a figure of the
proposed assessable parcels.
Recommendation
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Ravine Parkway
City of Cottage Grove, MN
Figure 4a: Street and Lighting Improvements
September 2025
FEETSCALE
0 200 400
HORZ.
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LEGEND
BITUMINOUS PAVEMENT
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City of Cottage Grove, MN
Figure 4b: Street and Lighting Improvements
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FEETSCALE
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Ravine Parkway
City of Cottage Grove, MN
Figure 5: Assessable Parcels
September 2025
FEETSCALE
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LEGEND
ASSESSABLE PARCELS
PROPOSED RAVINE
PARKWAY ALIGNMENT
PROPOSED PARK SPACE