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HomeMy WebLinkAbout2004-11-17 MINUTESSPECIAL MEETING � COTTAGE GROVE CITY COUNCIL November 17, 2004 CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a special meeting on Wednesday, November 17, 2004, at the Cottage Grove City Hall, 7516 80 Street South. Mayor Sandy Shiely called the meeting to order at 6:30 p.m. ROLL CALL Present: Mayor Sandy Shiely Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Caron Stransky, City Clerk Zac Dockter, Recreation/Ice Arena Manager Jason West, Recreation Supervisor Howard Blin, Community Development Director Mayor Shiely presided over the meeting. Mayor Shiely announced that the purpose of this workshop session was to meet with the Parks, Recreation, and Natural Resources Commission. It was noted for the record that no Commission members were in attendance. Dockter noted that the Commission did receive notice of this special meeting. Referencing the memorandum from Senior Planner Burbank, the Council discussed with Staff the long-term planning items identified by the Commission. . East Ravine Planning . Community Center • Large Area Recreation/Athletic Facility . Athletic Association Relations and Expectations Council Member Wolcott expressed concern that land within the MUSA may be cost-prohibitive to purchase indicating that Staff may have to consider expanding the search of available property outside of the MUSA. Mayor Shiely indicated she does not necessarily see a community center and athletic facility as a combined complex. She noted she was in favor of continuing to search for unserviced land for an athletic complex and locating a community center in the East Ravine area. Special Meeting — November 17, 2004 Cottage Grove City Council Page 2 There was discussion of whether one Parks Commission member officially represent the Athletic Association. It was suggested that there be an exofficio, non-voting member to the Commission representing the Association. Or, that a CGAA Board member be appointed by the Association to attend all Commission meetings. Shiely questioned whether or not the Commission has addressed access to the Mississippi River. Dockter noted that the commission receives periodic updates. Mayor Shiely and Council Member Grossklaus indicated that the facilities will need to be by a general obligation bond referendum approved by the voters. Grosskaus suggested that Staff look into funding the facilities through other public and/or private cooperatives. Hedberg asked if the council is interested in conducting a formal citizen survey and it was suggested that the City participate in 3M's annual citizen survey, if they conduct one. Shiely stated she does not visualize the construction of a new outdoor pool in Cottage Grove. Rice stated that he is opposed to the use of motorized vehicles/scooters on trail ways and requested that Staff pass this information on to the commission. ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY RICE, TO ADJOURN THE MEETING AT 7:00 P.M. MOTION CARRIED 5-0. Respectfully submitted, Caron M. Stransky City Clerk REGULAR MEETING fl R� COTTAGE GROVE CITY COUNCIL November 17, 2004 OPEN FORUM — 7:15 p.m. Open forum provides a person an opportunity to inform the Council of a problem or to request information related to City business not scheduled for Council action and on the Agenda. Mayor Shiely encouraged persons to limit their remarks to two (2) minutes per issue. Present: Mayor Sandy Shiely Council Member Cheryl Kohis Council Member Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Howard Blin, Community Development Director Jennifer Levitt, City Engineer John Mickelson, Director Public Safety Les Burshten, Public Works Director Caron Stransky, City Clerk Corrine Thomson, City Attorney No one stepped forward to speak during Open Forum. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, November 17, 2004, at the Cottage Grove City Hall, 7516 80` Street South. Mayor Sandy Shiely called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor Sandy Shiely Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Howard Blin, Community Development Director Jennifer Levitt, City Engineer John Mickelson, Director Public Safety Les Burshten, Public Works Director Regular Meeting — November 17, 2004 Cottage Grove City Council Page 2 Caron Stransky, City Clerk Corrine Thomson, City Attomey Mayor Shiely presided over the meeting. ADOPTION OF AGENDA MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED 5-0. APPOINTMENTS AND PRESENTATIONS A. PRESENTATIONS Reco4nize U-Lead and U/R Volunteers Jason West, Recreation Supervisor, stated that in 1997 the Recreation Department developed the U-Lead Program, which became an award-winning program in 1998. He explained that the program focuses on youth �eadership, self-esteem, teamwork and otherjob skills related to life guarding and working with children on the playground. Since 1997 through 2004 the U-Lead, U/R and Get to Work Programs have had 162 participants who had a combined total of 10,000 volunteer hours. West stated that they are proud of every youth participant for their accomplishments and achievements noting that all have made very valuable contributions to the City of Cottage Grove. He stated that this evening they are recognizing 17 youth who have volunteered over 850 total hours on various projects for the City of Cottage Grove. He reviewed the programs with Councit stating that none of this would have been possible without the support of the Bailey Foundation who donated $2,500.00 for these programs. Mr. West invited the City Council to come forward and join him in presenting volunteers with their award of recognition. 2. Xcel Enerqv Collette Urich, Manager of the Community and Local Government Communications Department, Xcel Energy, stated that she and Steve Koski, Engineering Reliability, are present this evening to discuss electric liability and service concerns for the City of Cottage Grove. Steve Koski provided Council with an overview of his role within the Reliability Department and how the electric distribution feeders feed into the City. He reviewed the three levels of service outage and the response process noting that since 2003, Xcel has been more aggressive in replacing damaged and bad cable. If a customer experiences more than two outages, the cable is replaced. They have replaced roughly 65,000 feet of cable in Cottage Grove. He stated that enhancements were also made to 16 overhead taps. Mr. Koski stated that in the north area of the City they perform 500 customer satisfaction surveys on a monthly basis noting that reliability and customer service is a huge item for Xcel. They are happy to report over 90% satisfaction. He reviewed the industry standard reliability measurements with Council noting that Cottage Grove's highest outage time, per incident; year- to-date was approximately 87 minutes. The tree trimming funds have been enhanced, which has Regular Meeting — November 17, 2004 Cottage Grove City Council Page 3 allowed them to do more hot spot tree trimming that affect feeder lines. A shift in the work schedule improved the response time for customer outages, allowing for a faster response back to the customer. The Residential Underground Cable program has also been enhanced. Ms. Urich stated that approximately 6,500 to 7,000 feet of cable replacement has been done in the City of Cottage Grove since 2003. A study was done from January 2003 to the present to determine the types of outages occurring in the area. The information gathered in the study included: the number of outages, the number of customers affected by each outage, the cause of the outage and any actions taken to correct the situation. She reviewed the results with Council noting that in 2004 there have been 7 outages. She stated that the outages are not something Xcel is proud of and indicated that things have been done to address many of the problems. Mayor Shiely asked if the statistics quoted are related only to outages from feeder lines or are they a combination of outage types from tap lines and/or feeder lines. Ms. Urich stated that the outages are a combination of both. She explained that the system issues a notification when a feeder line or subsystem goes out but does not issue notification when a tap line goes out. She stated that this is one of the reasons why it is so important for residents to call the repair line as soon as they realize there is a problem. Mayor Shiely requested the detail for the statistics provided in the presentation. She explained that she would like an opportunity to review the detail and if possible see how Cottage Grove compares to surrounding communities. Ms. Urich stated that she would pull the information together and provide for their review. Councii Member Wolcott stated that two or three years ago Xcel Energy was out to address outage issues in the area around his business. He stated that the service improved for a period of time noting that in the past year it seems the prob�ems are beginning to resurface. He stated that he has received numerous calis from affected residents and businesses in the area noting that it has been very frustrating. He stated that the area called `72' is an issue that should be addressed as it takes care of the entire business district along Highway 61 and 80` Street. He stated that the area is in the process of redevelopment and the problems should be addressed and resolved. He acknowledged the issues with weather and bad storms noting that the worst incident this past summer was not due to weather. He reviewed several outages with the Council stating that many of the residents and business owners are very frustrated with the situation. He stated that he wants Xcel to know and understand the frustrations from the Community and address the problems. Ms. Urich acknowledged their frustrations and the inconvenience the outages have caused. She noted that the tree-trimming program would be done during the first week in December. Mayor Shiely requested the detailed information, including the statistical numbers, on the transformer outages and tap line outages. Ms. Urich assured the Council that she would provide the information for their review. Council Member Wolcott asked if Xcel has any plans to do anything in Area 72 with respect to capacity. Ms. Urich explained that they review the areas for capacity issues on a regular basis and track it very closely. She further explained that the tracking process allows them to address any concerns. She stated that she would pull together the requested information and plan for a return visit to review with Council. Regular Meeting — November 17, 2004 Cottage Grove City Council Page 4 B. APPOINTMENTS NONE APPROVAL OF MINUTES A. September 1, 2004 Regular Meeting Mayor Shiely stated the minutes stand approved as presented. B. September 15, 2004 Regular Meeting Mayor Shiely stated the minutes stand approved as presented. CONSENT CALENDAR Councii Member Grossklaus asked to pull Items 4C and 4J for discussion. He explained that his main concern with Item 4C is the restaurant parking at the Shoppes at Gateway. Grossklaus expressed concerns stating that it shows they are 47 spaces short and asked what would happen if they get another restaurant in the center. He stated that they are trying to put too much into a small space. He asked where all of the customers would park noting that there is not enough space. Community Development Director Blin indicated that the same concerns were expressed by the Planning Commission. He stated the City's parking space requirements tend to be a bit higher that what other communities require. A representative from the Development Group was present and assured Council that they would not lease any more space to another large restaurant. City Administrator Schroeder reviewed the City standards and requirements with Council. He noted that the owner turned down an additional restaurant, which was similar, and assured Council that the owner is very supportive of the current agreements. Council Member Grossklaus referenced item 4J stating that he would like to know where the enforcement is taking place in the City. He asked if there is a plan available for review noting that he is still seeing a log of large violations. Community Development Director Blin explained that they do not do sweeps of the neighborhoods, they only respond to compiaints. He stated that in terms of the geographic location, he does not have the information at hand adding that he would pull the information together and provide to Council for their review. Council Member Kohls referenced Item 4C stating that she has similar concerns with respect to the parking. She stated that four parking spaces had been identified as a dead-end area to allow for a turnaround and asked if the parking spaces are still reserved for that purpose. Community Development Director Blin confirmed that the four parking spaces are still reserved for this purpose and would be marked as a`No Parking Area'. Regular Meeting — November 17, 2004 Cottage Grove City Council Page 5 Council Member Kohls asked what the penalty is for parking in a no parking zone. She referenced the variance requests and suggested that the City review the parking requirements and standards. Director Public Safety Mickelson stated that officers have several options available noting that it is up to the discretion of officer as to what penalty would apply to each situation. Council Member Kohls referenced Item 4J, inspection issues. She asked if the huge boat, which has been dry-docked in this driveway for years, was still sitting in the driveway located on the west side of the highway. She questioned how storing a huge boat in a driveway is Ok yet residents are not allowed to have a trashcan along their driveway. Community Development Director Blin agreed stating that the storage of the boat has been addressed, the boat is now gone. MOTION BY WOLCOTT, SECONDED BY RICE, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: B. RECEIVE INFORMATION REGARDING PENALTIES FOR NOT RECEIVING A BUILDING PERMIT. C. ADOPT RESOLUTION NO. 04211 APPROVING A CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT WITH LIQUOR, LAS MARGARITAS, AND A VARIANCE TO PARKING REQUIREMENTS AT THE SHOPPES AT GATEWAY 7750 HARKNESS AVENUE SOUTH. D. ADOPT RESOLUTION NO. 04-212 A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW THE ADDITION OF AN INDOOR HORSE TRAINING ARENA AT THE HORSE BOARDING FACILITY AT 11050 MANNING AVENUE SOUTH. E. RECEIVE INFORMATION REGARDING LOCAL ELEMENTARY SCHOOL FIELD TRIPS TO CITY HALL. F. APPOINT JAMES LITTON TO THE HUMAN SERVICES/HUMAN RIGHTS COMMISSION, FOR A TERM ENDING FEBRUARY 28, 2006. G. RECEIVE INFORMATION REGARDING THE THOMPSON GROVE TRAFFIC CONTROL ANALYSIS. H. APPROVE TWO-YEAR CONTRACT BETWEEN THE CITY OF COTTAGE GROVE AND BIFF'S, INC. PORTABLE RESTROOMS RENTAL AND SERVICE. I. ADOPT RESOLUTIDN NO. 04-213 ADOPTING ASSESSMENT FOR THE OFF-SITE PONDING FEE FOR THE SUBWAY DEVELOPMENT ON EAST POINT DOUGLAS ROAD. J. RECEIVE UPDATE ON CODE ENFORCEMENT ACTIVITIES IN THE CITY. K. ADOPT RESOLUTION NO. 04214 ADOPTING 2005 PAY PLAN AND BENEFITS FOR EMPLOYEES NOT COVERED BY A LABOR CONTRACT FOR THE CITY OF COTTAGE GROVE (REPEALS RESOLUTION NO. 04-132). L. RECEIVE INFORMATION ON THE PROPERTY TAX IMPACTS OF ADDITIONAL FINANCING FOR FUTURE FACILITIES. M. APPROVE THE 2005 — 2007 PROSECUTION CONTRACT BETWEEN THE CITY OF COTTAGE GROVE AND F. JOSEPH TAYLOR, P.A. MOTION CARRIED 5-0. Regular Meeting — November 17, 2004 Cottage Grove Ciry Council Page 6 RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES NONE PUBLIC HEARINGS NONE BID AWARDS NONE UNFINISHED AND NEW BUSINESS A. Give Representative from Cottaqe Grove VFW Post 8752 an OpportuniN to Admit to or DenV the Alleqation that their Business Failed the Alcohol Compiiance Check on Mav 12, 2004. Mayor Shiely stated this item was tabled from the July 7, 2004 and the September 1, 2004 City Council Meetings. She stated that Council was informed earlier this evening that the Cottage Grove VFW Post 8752 has chosen to pay the fine. City Administrator Schroeder clarified that with payment of the fine the court case no longer has any bearing. He explained that they, the VFW, might come back for reconsideration if they win their court case. Mayor Shiely asked if the City Council or an Administrative Judge would handle the issues if the VFW should decide to come back for reconsideration. City Attorney Thomson explained that the City Council would have to determine if Council would allow them to contest the penalty. She reviewed the process with Council stating that if Council allows them to contest it would then be heard before an independent examiner. MOTION by WOLCOTT, SECONDED BY RICE, TO IMPOSE A$500.00 FINE ON THE COTTAGE GROVE VFW POST 8752 FOR THEIR FIRST VIOLATION IN A 24-MONTH PERIOD. MOTION CARRIED 5-0. B. Give Reqresentatives from Mississippi Dunes Golf Course and River Oaks Golf C ourse an Opportunity to Admit To or Denv the Alleqation that their Businesses Failed the Alcohol Compliance Check on October 11 2004. Steve Nelson, Generai Manager, Mississippi Dunes, stated that he is present to admit the violation and understands that a$500 fine would be imposed for the violation. Council Member Wolcott asked Mr. Nelson what they are doing to ensure that this would not happen again. Mr. Nelson stated that the circumstance occurred due to lack of training. He stated that they have piaced a higher emphasis on this issue within their training program and are ensuring that all employees are covered on the policies and process. Regular Meeting — November 17, 2004 Cottage Grove Ciry Council Page 7 MOTION BY RICE, SECOND BY WOLCOTT, TO IMPOSE A$500.00 FINE ON THE MISSISSIPPI DUNES GOLF COURSE FOR THEIR FIRST VIOLATION IN A 24-MONTH PERIOD. MOTION CARRIED 5-0. Bruce Anderson General Manager-River Oaks Golf Course stated that he is present to acknowledge and admit to the violation and understands the fine is $500.00 for failing the compliance. Mayor Shiely thanked Mr. Anderson for providing the Council with a revised copy of their employee handbook for their review. She asked Mr. Anderson what they plan to do to ensure that this would not happen again. Mr. Anderson stated that they had an Officer from the Cottage Grove Police Department come out to speak with their employees about serving minors. He stated that they have also implemented internal spot checks, a magnetic card swiper, mandatory spring empioyee meeting and a refresher course for Alcohol Training, which includes a mandatory training video on alcohol serving. MOTION BY WOLCOTT, SECOND BY RICE, TO IMPOSE A$500.00 FINE ON THE RIVER OAKS GOLF COURSE FOR THEIR FIRST VIOLATION IN A 24-MONTH PERIOD. MOTION CARRIED 5-0. C. Consider an Amendment to the Citv Code Allowinq a Fourth Licensed Residential Trash Hauler for the Citv of Cottaqe Grove. Public Works Director Burshten stated that the Public Works Commission and City Council were asked to review and consider the option of adding a fourth solid waste hauling license. He stated that this was brought before Council in June for initial discussion noting that additional meetings have been held to consider every avenue and possibility. He explained that the main concern is with respect to the amount of wear and tear on City streets. Mayor Shiely agreed noting that several years ago the City had several waste haulers that did cause considerable wear and tear to the roads. She stated that at that time a Waste Management Task Force was put together to review the issues and determine a resolution. She provided the Council with a brief overview noting that since 2000 three licenses have been availab�e, with only two issued. Mayor Shiely stated that she has often wondered why only two licenses had been issued noting that she is aware of at least two other haulers who have approached the City to express an interest in the third license. She stated that BFI and Onyx were both turned down by the City due to a misinterpretation of the City ordinance. She explained that the ordinance was interpreted by Staff to mean that a new hauler would be required to have 200 clients before they could begin working in the City. She stated that she consulted with the City Attorney and the ordinance was interpreted to mean that the hauler would be required to have 200 paying clients by the end of the first year of their contract with the City. She noted that the Council voted several months ago to extend the third license to an already existing company, Tennis Brothers, who had recently split into two parts. She stated that haulers have contacted the City questioning the fairness in how the third license was awarded. She agreed that this is a fairness issue noting that she did vote to allow Tennis to expand. She stated that Tennis has a good track record with the City and that Regular Meeting — November 17, 2004 Cottage Grove City Council Page 8 she wanted to give them an opportunity. She stated that for purpose of equity the City should consider offering a fourth license because of the fact that people were misinformed about the requirements of the ordinance. Mayor Shiely noted that the second criteria considered for narrowing the number of licenses issued was due to the road damage in the City. She stated that no one has complained about the current hau�ers or requested more options to choose from. She stated that she does not believe that adding a fourth license would add any more wear and tear than could have been done for 2003-2004. She provided the Council with a brief overview showing that from 2000 to 2004 they have had no more than 20 trucks on road. She stated that Tennis assured the Council that when they expanded it would not increase the number of trucks on the road adding that she cannot see where an additionai license would add wear and tear to the City roads. She stated that the haulers should be competitive and work to meet the expectations for service by uti�izing the proper facilities for recycling and by following City guidelines. She stated that she is amazed by the amount of objection noting that it would not increase truck traffic but would allow the customers more choice. She suggested monitoring the local fees and compare the process with neighboring cities. She stated that she has received several calls from residents expressing concerns and frustration that they are paying higher fees than other Cities. She stated that the residents would appreciate more options. She stated that she believes this would be the right thing to do and acknowledged that the Council does not necessarily agree with her on this issue. She stated that she appreciates the opportunity to express her concerns. Council Member Kohls referenced the misunderstanding for the account requirements stating that she too had read the City Code and was a bit confused. She stated that she could understand how this could be misinterpreted. She asked for ciarification on the intent when it was passed. Mayor Shiely explained that this issue was discussed with the Planning Commission, Staff and Council noting that the goal and intent was to narrow it down to three haulers and reduce the damage to the City roads. Council Member Wolcott clarified this is for the residential areas only. He stated that they already have a number of haulers servicing the commercial areas. He stated that he was involved with the Solid Waste Task Force and clarified that the whole intent was to reduce the significant damage to the roads. He acknowledged City Attorney Thomson's interpretation stating that he discussed the concerns further with the City Attorney. Council Member Kohls referenced the requirement for the number of customers noting it was her understanding that the discussion revolved around requiring the hauler to have 200 accounts signed on in order to get a license, not grant a license at the end of one year. She stated that she would like further clarification on the original intent noting that it is poorly worded and should be corrected. City Attorney Thomson confirmed that the language has not been changed and reviewed with Council. Council Member Kohls clarified that the intent was that the hauler would have to have 200 paying customers, signed up, before they could get a license in the City of Cottage Grove. City Attorney Thomson explained that it was drafted considering the situation at the time noting that at the time the City had nine haulers servicing the area. She stated that a situation similar to today had not been considered at that time. She stated that the City could issue the license and apply the condition that the hauler would have to have 200 paying accounts by the end of the first year or the City would not reissue the license. Regular Meeting — November 17, 2004 Cottage Grove Ciry Council Page 9 Public Works Director Burshten reviewed the changes in haulers over the years with Council stating that the intent to hold the number of haulers in the City was decided for several reasons, but specifically to reduce the damage to the city streets. Mayor Shiely expressed concerns that there could be a potential monopoly here with one family holding two of the three licenses. She stated that the Council could never have anticipated that one company would own three licenses. She stated that the residents should have more options that would allow for fair competition and keep the prices down. Craig Symon, General Manger BFI Services, expressed his agreement with Mayor Shiely stating that his company provides a service to several communities and is a competitor with Waste Management. He stated that he appreciates the competition noting that the primary benefit is an open hauling system that provides residents with several options. He urged the Council to consider the changes noting that Cottage Grove has grown tremendously and it would definitely benefit the residents with respect to fair prices and quality service. He stated that a large representation of BFI employees are residents of Cottage Grove and are actively involved in the Community. He stated that they would like the opportunity to service the area. Council Member Kohls asked if he could provide a historical pricing for BFI services. She stated that if this is an issue of fair competition and pricing they are missing the equation. Mr. Simon assured the Council that there is no reason to doubt that competition would help lower prices in the City. He stated that competition is a good thing that would benefit the citizens. Matt Ruud, Onyx Waste Services General Manager, thanked the Council for bringing this back for fuRher discussion. He stated that he was present at the Public Works Commission meeting held in June that recognized some of the issues that have been brought up. He stated that the presentation states that a third license was open from 2000 to 2004. He indicated that BFI and Onyx have approached the City regarding availability of the license and both were informed that the license was not available. He noted that the residential portion for services is not even an option to choose on the license application but the commercial service and temporary roll-off licensing is available as a choice. He referenced the confusion and misinterpretation stating that he agrees that this is a fairness issue. He stated that one of their main concerns was the poor notification process. He noted fair competition stating that this is a big issue. He stated that they have done some pricing comparisons over the last couple of months and indicated that, based on market demands, the pricing for services would go down in Cottage Grove. He stated that everyone has been very helpful in facilitating all of this and helping it to move forward. Carol Amacher, 6803 ideal Avenue South, stated that the increase in traffic is still a big concern. She stated that if the City is considering an additional twenty to thirty trucks servicing the City that would create an increase in the traffic through the neighborhoods. She expressed concerns that it would create more congestion due to the frequent stops. She noted the additional wear and tear on the roads and asked who would really benefit. She stated that the residents do have severai choices and asked that the Council not fix something that isn't broken. She stated that in the end the increase in traffic on the city streets would actuatly cost the City more money due to the additional maintenance. She referenced the suggestion for a citywide survey that would help to determine the interest and need for a fourth hauler and urged the Council to consider moving forvvard with survey. She stated that the haulers did not come prepared with the necessary information that would justify adding another license or hauler. She Regular Meeting - November 17, 2004 Cottage Grove City Council Page 10 stated that it is her belief that they are punishing the current, licensed haulers with the interpretation of the ordinance and the new intent. She suggested doing the survey and asking the haulers to bring forward the necessary information that would justify the addition of another hauler. Mayor Shiely clarified the interpretations noting that there were questions of legality at the time. She reviewed the ordinance with Council noting that it was a question of whether it was legal to have one hauling company break apart and take the third license. City Attorney Thomson fuRher clarified noting that the first question to clarify was whether they were required to have 200 accounts to apply for the license. She explained that it was her interpretation that they would have to have 200 accounts upon renewal of the license, which was the initial barrier. She stated that the misunderstanding by Staff is what prevented others from applying. Russ Weise, Owner, United Marketing Partners, stated that he has been involved in the sales and marketing areas for trash companies since 1977. He noted that he has also owned two companies in the past and is looking for another opportunity to staR up a company. He stated that he would like to address a couple of the issues in regards to a third license and referenced his experience running BFI in Rochester. He reviewed the competition concerns noting that if two companies were truly operating separately they would have two separate ads in the yellow pages. He asked why there would be additional overhead versus putting another truck out into the area and asked how they determined their rates. Council Member Kohls stated that she contacted eight suburban communities to find out and compare their process for trash removai. She stated that most of her information was gathered through discussions with various City Staff members. She stated that it was explained that the rates gotten from City Staff are rates the haulers are required to declare but may not be the actual price the customer is paying. She stated that in order to get a fair picture the City should poll the residents because over time the actual rate paid by the residents may not be what is quoted to the City. She stated that she is trying to get the historical rates to determine whether they have dropped or increased. She stated that she would like to do a comparison between the various haulers and each community they service to determine the trend. Gary Boyum agreed that competition is great as long as everyone is on an even, level playing field. He asked if the city waste is taken to a facility for processing or to a landfill. He stated that one of the biggest mandates in Minnesota is to increase recycling noting that Waste Management and Tennis are both going to a single source recycling facility. He reviewed the recycling process with Council and agreed that competition is good on a level playing field. He made a commitment with the City and County noting that none of the other haulers have and reviewed with Council. Mayor Shiely clarified that any hauler servicing the City of Cottage Grove would have to utilize the correct facilities, as outlined by the ordinance. Council Member Wolcott stated that he supports the recommendations made by the Public Works Commission to deny a fourth license. He reviewed the plan and intent noting that City Staff followed what they believed was the true intent of the ordinance. He stated that the residential streets are not built to the same standards as in industrial areas and cannot withhold the additional traffic. He expressed concerns stating that the City recently finished new street Regular Meeting — November 17, 2004 Cottage Grove City Council Page 11 upgrades and are heading into the next phase for street repair. He stated that he is not willing to jeopardize the work recently done on the streets and wants to remain with the three current haulers. Council Member Rice stated that he is in agreement with Council Member Wolcott and reviewed his concerns with Council. He stated that in going back through the history of this issue he does not see any justification to atlow a fourth license. He stated that it should continue to remain three licenses only adding that he cannot support the addition of a fourth license. MOTION BY SHIELY, SECOND BY GROSSKLAUS, TO ALLOW A FOURTH LICENSE TRASH HAULER FOR THE CITY OF COTTAGE GROVE. MOTION FAILED 4-1. (4 NAYS (KOHLS, WOLCOTT, GROSSKLAUS, RICE) — 1 AYE (SHIELY)) Mayor Shiely called a five-minute break at 9:24 p.m. Mayor Shiely called the meeting back to order at 9:33 p.m. D. Discuss and Provide Direction to Staff Repardinq the Apaointment of Directors to the South Washinqton Countv Telecommunications Commission. City Administrator Schroeder stated that he received a letter from the Telecommunications Cable Commission Chair that explained that the Commission is discussing how to go about appointing their directors and that the Commission has asked what their policy is when appointing a director to this organization. He stated that in their response it was noted that they would be a six-year term limit and that a typical City Commission position, for consistency, would be to treat it like the usual Commission and reviewed Option 2— the Joint Powers of the Cable Commission to appoint to a vacancy or consistency in terms of position with Council. Fran Hemmesch, Administrator, explained that the Commission has been working to revise their policies and procedures, which includes redoing the joint powers. She stated that the Commission wanted to ensure that the Council has a good understanding of their appointment process and reviewed. Council Member Wolcott expressed his appreciation for the efforts of the citizens interested in volunteering for these commissions. He stated that appointments to this Commission should go along the same line as all other Commissions. He reviewed the term lengths noting that there were several Commissioners, who wanted to stay and were doing a great job, but were asked to move on. He stated that it would be very unfair to those people who were asked to leave if they don't carry this through with the same appointment process and term limitations. He stated that they should be consistent in their process in order to be fair to all Commission members. He stated that he supports Staff's recommendation to remain consistent with the appointment process and is in favor of term limits. Council Member Rice agreed with Council Member Wolcott. He suggested that they review the process and determine what the City should do in terms of the appointment process. Council Member Kohls agreed stating that she is in favor of term limits. She stated that it is a good process for the City and for the Commission. Regular Meeting — November 17, 2004 Cottage Grove City Council Page 12 City Administrator Schroeder stated that if there is consensus then this would then come back to Council with the appropriate ordinance/policy verbiage for their review. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO DIRECT STAFF TO DRAFT A POLICY IN CONFORMATION WITH THE WITH THE TERM LIMITS ESTABLISHED FOR CITY ADVISORY COMMISSIONS. MOTION CARRIED 5-0. E. Consider Approvinq the 2005-2009 Capital Improvements Plan (CIP). Finance Director Hedberg stated that the action before Council is to formally adopt the 2005-2009 Capital improvement Plan. He provided the Council with an overview of the workshop discussion noting that the intent is to lay out the planning tools for the budget process. He clarified that this does not authorize any expenditures or projects and reviewed the process with Council. He stated that at the October workshop Council Member Kohls requested further information on the projects in the East Ravine area. He stated that the East Ravine Study is currently undervvay and includes a fiscal analysis that would be specific to the subdivisions. Council Member Kohls clarified that her concerns and questions have to do with the amount of money laid out for the area. She stated that they are being told they are not close to coming up with a plan and she is now wondering how the numbers were determined without a plan. Finance Director Hedberg explained that the numbers were estimated based on the averages. He said that without knowing the staging of the East Ravine Staff felt that it would be prudent to show numbers that would indicate that there would be a cost. He stated that the East Ravine Study would atso include an analysis of what should be in the area funds for each of the systems and before any development started the costs would be reflected and presented for their review. Council Member Kohls stated that her concern is that it would be overextended. She stated that she would trust that it would all work out noting that she is concerned about the large numbers and not having the opportunity to review the financials. Finance Director Hedberg stated that they would still have to come back to Council to review and consider the storm water project improvements, repairs and funding. MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE THE 2005-2009 CAPITAL IMPROVEMENTS PLAN (CIP). MOTION CARRIED 5-0. F. Consider Approval of a Development Aqreement between the Citv of Cotta4e Grove and Presbvterian Homes Housinq and Assisted Livinq concerninq distribution of 2004 Communitv Development Block Grant (CDBG) Fund. Community Development Director Blin asked if necessary to do in two motions. City Attorney Thomson clarified could be done in a single motion. Community Development Director Biin stated that as a part of the distribution of the Community Development Block Grant the City should enter into a developer's agreement with Presbyterian Homes Housing and Assisted Living Inc. He explained that the purpose of the agreement is to detail the City's expectations and the developer's obligations in relation to the grant. He provided the Council with a brief overview stating that the grant is facilitated by the City and is a federal Regular Meeting — November 17, 2004 Cottage Grove City Council Page 13 Housing and Urban Development grant that is approved, distributed and administered by the Community Services Department of Washington County. City Administrator Schroeder stated that this funded with federal dollars and would not affect the local property tax payer dollars. He provided the Council with a brief history noting that four years ago Washington County became an entitlement County because they hit a specific threshold of residents within the County. He stated that once they became an entitled County they were given the opportunity to have an entitlement of block grant dollars. He stated that the County then had an opportunity to determine the allocation of dollars noting that one includes keeping dollars within their own organization for allocation. He stated that it was decided that they would allocate dollars to Communities based on their population levels and as a result the City of Cottage Grove received an allocation for $72-$78,000 doilars a year. He stated that they are now entering the next three-year cycle and the dollars have increased. He reviewed the allocation process with Council noting that they had to use the funds for eligible expenses that benefit the lower income residents. He stated that at the time the City allocated dollars towards senior housing along the corridor noting that as they approached the next entitlement phase funds were allocated towards the same and this is a culmination of that allocation process. He stated that the development agreement is the required agreement between parties stating what the parties would do to spend the dollars on the senior housing project. Community Development Director Blin stated that the four key elements provides funding to Presbyterian Homes and closes their funding gap. He stated that it also provides affordable units for the independent living and provides priority to Cottage Grove Residents as the project continues through time. He stated that the County would start a new process next year where the funds would be placed in a common pot and all Cities would compete for the funding on a project- to-project basis. Council Member Wolcott asked if the funding is given over period of time or up front. Community Development Director Blin stated that the funding is received up front at closing. Council Member Wolcott asked what mechanism the City has in place to monitor and ensure that low-income residents would occupy the 43-units. Community Development Director Blin stated that it monitoring would probably be done by the Community Development Department and reviewed the process with Council. City Administrator Schroeder stated that Washington County would be responsible for ensuring that all HUD rules are followed. City Attorney Thomson stated that Council has the discretion to place requirements on when and how long the units would be maintained as affordable housing. She explained that it would be to require that at any time within a year after the final certificates of occupancy is issued that they would have to come forward and show that 51 % of the units were filled by affordable housing, and that they have shown that they have met their obligation. She noted that it is likely there will be changes to this agreement and requested that Council authorize the City Administrator to make non-material changes, which would be for anything outside and consistent with the four points that dea� with technical matters. She stated that they could expect changes to occur noting that the agreement contains a number of requirements that would be applicable for the CDGB project. She stated that they expect to be talking with the CDBG expert at the County office and checking off and removing items that do not apply to the project. Regular Meeting — November 17, 2004 Cottage Grove City Council Page 14 Council Member Wolcott stated that the Council does not want to tie their hands to the percentage. He stated that he would hate to see it get to a point where there are no units for people who are really in need. City Administrator Schroeder stated that they are subject to the agreement adding that there is a special meeting scheduled. He explained that because of this action the EDA has to make some minor amendments to the agreement and some of the timelines for the original development that was submitted in December 2003. He stated that if this is approved, between now and Monday, Staff would be working on the changes and would address this concern in this agreement. Council Member Wolcott stated that he would hate to see it go to 100%. He stated that a certain number of the units should go to people who need the housing. City Attorney Thomson stated that the 51 % is mandatory in order to meet the CDGB program. She stated that it would not prohibit Council to establish a lower percentage that should be maintained after the initial sale. Councii Member Wolcott stated that he wouid like Staff to identify a percentage agreement with the developer. He stated that some of the units should be kept at the lower income requirements. Council Member Grossklaus stated that he would like to see the percentage requirements be established and enforced for the length of time the development exists. He asked if they would need something in writing outlining the requirements. City Administrator Schroeder stated that all of the requirements for the development agreement are in writing and would be reviewed with Council. Council Member Kohls clarified that this would stay with the development even if it were sold to another owner. City Administrator Schroeder explained that it would follow through the first sale but not necessarily for subsequent sales. MOTION BY KOHLS, SECONDED BY RICE, TO APPROVE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING CONCERNING DISTRIBUTION OF 2004 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND WITH STIPULATION THAT CITY ADMINISTRATOR IS AUTHORIZED TO MAKE THE NECESSARY CHANGES. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS Mayor Shiely stated that at a previous meeting she had requested historical traffic information on 80 and Jamaica and asked for a status. City Administrator Schroeder stated that Staff is currently working on the response and would present at the next Council meeting. COUNCIL COMMENTS AND REQUESTS Councii Member Grossklaus reminded residents that all vehicles must be off the streets between the hours of 2:00 a.m. to 6:00 a.m. Regular Meeting — November 17, 2004 Cottage Grove City Council Page 15 Council Member Wolcott stated that there are now double left turn lanes at the corner near Walgreen's and asked if this is a change from the original plan. Public Works Director Burshten stated that it was a planned change and reviewed with Council. Mayor Shiely stated that the Canadian Pacific Holiday Train is scheduled to stop in Cottage Grove at the Belden intersection on Sunday, December 12, 2004, from 7:00 p.m. to 8:00 p.m. She stated that this is an annual fundraising event for the local food shelf and reviewed with Council. She noted that last year Cottage Grove had the largest turnout in the nation and encouraged everyone to come out early to join in the festivities. Council Member Wolcott stated that on behaif of the Mayor and City Council he would like to wish everyone in the audience a safe and happy Thanksgiving. PAY BILLS MOTION BY WOLCOTT SECONDED BY RICE, TO APPROVE PAYMENT OF CHECK NUMBERS 137382 THROUGH 137574 TOTALING $558,677.72. (CHECKS 137382 —137411 IN THE AMOUNT OF $160,223.70 ISSUED PRIOR TO COUNCIL APPROVAL.) MOTION CARRIED 5-0. WORKSHOP SESSION — OPEN NONE WORKSHOP SESSION — CLOSED NONE ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY RICE, TO ADJOURN THE MEETING AT 1025 P.M. MOTION CARRIED 5-0. Respectfully submitted, Bonita Sullivan TimeSaver Off Site Secretarial, Inc.