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HomeMy WebLinkAbout2001-09-05 MINUTES AGENDA COTTAGE GROVE CITY COUNCIL SEPTEMBER 10, 2001 SPECIAL MEETING - 6:30 P.M. CALL TO ORDER — Mayor ROLL CALL — City Clerk 1. CLOSED WORKSHOP SESSION A. Personnel Matters 2. WORKSHOP SESSION — OPEN TO PUBLIC A. 2002 City Budget • Review of changes made since last meeting o Budget Additions o Equipment Replacement Special Revenue Fund o Other Revenue changes • Budget expenditure trends • Property tax levy • Review of Enterprise Fund Budgets: o Water Operating Enterprise Fund o Sewer Operating Enterprise Fund o Street Lights Enterprise Fund o Storm Water Utility o Fleet Maintenance Internal Service Fund 3. OTHER BUSINESS A. Personnel Matters ADJOURNMENT AGENDA COTTAGE GROVE CITY COUNCIL SEPTEMBER 12, 2001 SPECIAL MEETING - 6:00 P.M. CALL TO ORDER — Mayor ROLL CALL — City Clerk 1. WORKSHOP SESSION — OPEN TO PUBLIC A. Cable Issues. 2. CLOSED WORKSHOP SESSION A. Personnel Matters. 3. UNFINISHED AND NEW BUSINESS A. Adopt 2002 Preliminary Levy and Preliminary Budget. 4. OTHER BUSINESS A. Public Safety Director Update. B. Personnel Matters. ADJOURNMENT �_ � `-� AGENDA COTTAGE GROVE CITY COUNCIL SEPTEMBER 19, 2001 Persons wishing to address the Council during this meeting are asked to fill out a "Speaker Signup Form"and return the form to any Staff Member prior to the sfart of the meeting. Speaker Signup Forms are located on each audience chair in the Council Chamber. OPEN FORUM - 7:15 P.M. Persons may address the City Council on subjects that are nof a part of the Regular Meeting agenda, but must limit remarks to two (2) minutes. Open forum will adjourn to the Regular Meeting promptly at 7:30 p.m. Open Forum and a portion of the Regu/ar Meeting are televised LIVE, airing on Government Channe/ 16. REGULAR MEETING - 7:30 P.M. CALL TO ORDER— Mayor ROLL CALL — City Clerk 1. ADOPTION OF AGENDA 2. PRESENTATIONS A. Appoint John Mickelson to the position of Public Safety Director. A swearing in presentation will follow approval of the appointment. 3. APPROVAL OF MINUTES A. August 8, 2001 Special Meeting. B. August 15, 2001 Regular Meeting. C. August 22, 2001 Special Meeting. D. August 27, 2001 Special Meeting. 4. CONSENT CALENDAR A. Accept and Place on File the Following Minutes: **i. Economic Development Authority of July 10, 2001; July 31, 2001; and August 14, 2001. **ii. Public Works Commission of August 13, 2001. B. Consider approval of a resolution amending Resolution No. 01-058 approving a conditional use permit and site plan review for the field house at Park Senior High School. Staff Recommendation:Adopt the resolution amending Resolution No. 01-058 approving a condifional use permit and site plan review for the�eld house at Park Senior High School. • � �SEPTEMBER 19, 2001 AGENDA Cottage Grove City Council C. Consider adopting the RESOLUTION ESTABLISHING FEES, repealing Resolution No. 01-0136: 1. By increasing certain building permit fees. 2. By removing the street opening/utility installation fee of$100.00 due to the approval of new Right-of-Way permit fees at the 9/5/01 Council meeting. Staff Recommendation:Adopt the new fee resolution with the changes listed above. D. Consider ordering the feasibility report and ordering preparation of plans and specifications for the Grove Plaza improvement project. Staff Recommendation:Adopt the resolution approving the feasibility report and ordering preparation of plans and specifications for fhe Grove Plaza improvement project. E. Consider approval of the subdivision agreement between the City of Cottage Grove and WH Investment, LLC for Carly's Addition. Staff Recommendation:Approve the subdivision agreement for Carly's Addition. **F. Consider authorizing land purchases in the Langdon area. Staff Recommendation:Authorize the City Administrator to purchase property from WAG Farms in fhe amount of$98,514. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES 6. PUBLIC HEARINGS A. Conduct the public hearings considering the assessment of public improvements for the following: Hidden Valley 10th; Kingsborough Woods 2nd Addition; Lodges at Pine Summit 1 st Addition; Pine Grove Addition. Staff Recommendation: Conducf the public hearings and assess the public improvements. 7. BID AWARDS 8. UNFINISHED AND NEW BUSINESS A. Consider adopting a resolution amending ambulance fees. Staff Recommendation:Adopt fhe resolution effective 1/1/02. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS 10. COUNCIL COMMENTS AND REQUESTS 11. PAY BILLS A. Approve payment of check numbers 120560 to 120658 in the amount of $651,769.56. 12. WORKSHOP SESSION — OPEN TO PUBLIC **A. Psychological and Leadership Assessments when Hiring Department Heads. 13. WORKSHOP SESSION — CLOSED TO PUBLIC **A. Personnel Matter. ADJOURNMENT " Contains Supplemental Information *' Packet Item Submitted 9/17/01 AGENDA COTTAGE GROVE CITY COUNCIL SEPTEMBER 5, 2001 WORK3HOP SESSIONS - 6:15 P.M. A. City Work Schedules. B. Public Safety Director Recruitment Update. C. CLOSED WORKSHOPS—Union Negotiations/Personnel Matters. Persons wishing to address the Council during this meeting are asked to fill out a "Speaker Signup Fdrm"and return the form to any Staff Member prior to the start of the meeting. Speaker�ignup Forms are located on each audience chair in the Council Chamber. OPEN FORUM - 7:15 P.M. Persons may address the City Council on subjects fhat are not a part of the Regular Meeting agenda, but must limit remarks to two (2) minutes. Open forum will adjourn to the Regular Meeting promptly at 7:30 p.m. Open Forum and a portion of the Regu/ar Meeting are televised LIVE, airing on Government Channel 16. REGULAR MEETING - 7:30 P.M. CALL TO ORDER — Mayor ROLL CALL — City Clerk 1. ADOPTION OF AGENDA 2. PRESENTATIONS � 3. APPROVAL OF MINUTES 4. CONSENT CALENDAR A. Accept and Place on File the Following Minutes: i. Accept and place on file the approved Planning Commission minutes for the meeting on July 23, 2001. ii. Accept and place on file the minutes of the June 11, 2001 meeting of the Public Works Commission. B. Consider passing a motion to accept the donation of$500.00 to the police division from Cheryl Kohls for the purchase of a tazer electronic device. Staff Recommendation:Accept the donation. '�EPTEMBER 5, 2001 AGENDA Cottage Grove City Council C. Consider appointing Trenton Lyden to the Public Safety, Health and Welfare Commission as a Youth Member. Staff Recommendation:Appoint Trenfon Lyden to the Public Safety, Health and Welfare Commission as a Youth Member. The Public Safety, Health and Welfare Commission Members interviewed the applicant and recommend his appointment. D. Consider adopting a resolution approving final payment in the amount of $36,807.84 to Volk Sewer& Water, Inc., for the Pine Forest 5th Addition, Phase 1 Project. Staff Recommendation:Adopt the resolution approving the�nal payment. The City Engineer has certi�ed that the work has been satisfactorily completed. E. Consider authorizing issuance of an outdoor event permit to New Moon Restaurant for September 15, 2001. Staff Recommendation:Authorize issuance of the permit conditioned on compliance with recommendations outlined in Mike Zurbey's memo dated August 15, 2001. The Public Safety, Health and Welfare Commission reviewed the application at theirAugust 14, 2001 meeting and recommended approval subject to the outlined conditions. F. Consider authorizing the Mayor and City Clerk to sign corrected versions of Resolution Numbers 00-260 and 00-261. Staff Recommendation:Authorize the Mayor and City Clerk to sign corrected versions of Resolution Numbers 00-260 and 00-261. G. Consider amending the Resolution Establishing Fees, Resolution No. 01-053, for Right-of-Way Ordinance, No. 700, permit & fee schedule. Staff Recommendation:Approve the amendment of the Reso/ution Establishing Fees, Resolution No. 01-053, for Right-of-Way Ordinance, No. 700, permit&fee schedule. H. Consider approval of the subdivision agreement between the City of Cottage Grove and WH Investment, LLC for Carly's Addition. Staff Recommendation:Approve fhe subdivison agreement for Carly's Addition (MOVED TO THE SEPTEMBER 19th AGENDA) I. Council direction is requested on whether or not to challenge the Cottage Grove total population count from the 2000 United States Census. Staff Recommendation: The staff thinks the total population number is 3,000 residents below the actual popu/ation. With the support of the Council, staff inembers want to challenge the 2000 Census results through the Count Resolution Program. J. Consider approving the connection of 7001 — 70th Street South to the city's public utilities. Staff Recommendation:Adopt the resolution approving the connection of 7001— 70�h Street Soufh to the city's public utilities. K. Consider approval of a resolution accepting a donation for a new door at the Old Town Hall in Langdon Village. Staff Recommendation:Adopt the resolution accepting a donation from Cheryl Kohls for a new door at the Old Town Hall in Langdon Village. *L. Adopt two resolutions, the first declaring the costs to be assessed and the second calling for a public hearing on the assessment projects. Staff Recommendation:Adopf resolutions as proposed. The projects include:Hidden Valley grn Pine Summit 15�Addition and Pine Forest 6�h Addition. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES 6. PU�LIC HEARINGS 'SEPTEiVIBER 5, 2001 AGENDA Cottage Grove City Council 7. BID AWARDS A. Consider adopting a resolution awarding a bid for the construction of a salt storage shed by Wells Concrete Products Company in the amount of $238,478.00. Staff Recommendafion:Adopt the resolution awarding the bid for the salt storage shed to Wells Concrete Products Company. Wells Concrefe Products Company submitted the/owest of three bids received. B. Consider awarding bid for construction to Hydrocon, Inc. for construction of the 97tn Street utility and street improvements to Hydrocon, Inc., who was the lowest responsible bidder, in the amount of$639,379.00. Staff Recommendation:Adopt the resolution awarding a contract to Hydrocon, Inc. for construction of the 97�`'Sfreet utility and street improvements in the amount of$639,379.00. C. Consider awarding bid for construction of the Pine Summit 2"d Addition utility and street improvements to Burschville Construction, Inc., who was the lowest responsible bidder, in the amount of$550,822.00. Staff Recommendation:Adopt the resolution awarding a contract to Burschville Construction, Inc. for construction of the Pine Summit 2"d Additon utility and street improvements in the amount of$550,822.00. 8. UNFINISHED AND NEW BUSINESS A. Consider authorizing formation of a Liquor License Task Force and appoint one Council Member to serve on the task force. Staff Recommendation:Authorize formation of the task force and appoint one council member to serve on it. Other members of the task force would come from various commissions, existing --- liquor license holders and the chamber of commerce. B. Allow representatives from businesses that failed the August 11 and August 13, 2001 Alcohol Compliance Checks an opportunity to admit or deny the allegations. Staff Recommendation:If the licensee admits to the violation, impose the recommended fine. If fhe licensee denies the allegation, authorize staff to schedule a contested case hearing before an administrative law judge. C. Consider passing a motion authorizing the transfer of Cottage Grove EMS Fund Balance monies to account 0600-4540 for the purchase of 4 nonbudgeted Life Pac 12 lead defibrillator upgrades and service contract from Medtronic Physio- Control. Staff Recommendation:Pass a motion authorizing the transfer of Cottage Grove EMS Fund Ba/ance monies to account 0600-4540 for fhe purchase of 4 nonbudgeted Life Pac 121ead defibrillator upgrades and service contract from Medtronic Physio-Control. D. Consider passing a motion to approve the Cottage Grove Ambulance Service Business Plan. This plan outlines proposed major equipment purchases, staffing needs, projected operating budgets, and revenues for the five-year period covering 2001 —2005. Staff Recommendation:Pass a motion approving the Cottage Grove Ambulance Service Business P/an. The p/an outlines proposed major equipment purchases, sta�ng needs, projected operating budgets, and revenues for the five-year period covering 2001—2005. E. Response to Council inquiry regarding the required clean up at A & F Auto. Staff Recommendation:Receive update on the progress of the required clean up at A &F Auto. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS 10. COUNCIL COMMENTS AND REQUESTS SEPTEivIBER 5, 2001 AGENDA Cottage Grove City Council 11. PAY BILLS A. Approve payment of check numbers 120213 to 120459 in the amount of $865,058.35. 12. WORKSHOP SESSION — OPEN TO PUBLIC A. Discuss issues associated with development in the southwest area of the community and provide direction to staff. 13. WORKSHOP SESSION — CLOSED TO PUBLIC ADJOURNMENT * Contains Supplemental Information ** Packet Item Submitted 9/4/01 Regular Meeting—September 5, 2001 Cottage Grove City Council Page 4 ADOPT RESOLUTION NO. 01-142, A RESOLUTION CALLING FOR HEARING ON OCTOBER 3, 2001 ON THE PROPOSED ASSESSMENTS FOR PINE SUMMIT 1sr ADDITION UTILITY AND STREET IMPROVEMENT PROJECT. ADOPT RESOLUTION NO. 01-143, A RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR PINE FOREST 6T" ADDITION UTILITY AND STREET IMPROVEMENTS. ADOPT RESOLUTION NO. 01-144, A RESOLUTION CALLING FOR HEARING ON OCTOBER 3, 2001 ON PROPOSED ASSESSMENTS FOR PINE FOREST 6T"ADDITION UTILITY AND STREET IMPROVEMENT PROJECT. MOTION CARRIED. 4-0. Mayor Shiely stated that if anyone is present for issues on the consent calendar all have been approved. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES NONE. PUBLIC HEARINGS NONE. BID AWARDS A. Consider Adoption of Resolution Awarding Bid for the Construction of a Salt Storage Shed by Wells Concrete Products Company in the Amount of$238,478.00. City Administrator Schroeder clarified that this is for the main portion of the building, adding there will be additional costs associated with the building. He stated that the budget is $300,000.00 and the Public Works Director has assured that they would come within that budget. MOTION BY HALE, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 01-145, A RESOLUTION AWARDING BID FOR THE CONSTRUCTION OF A CONCRETE SALT STORAGE SHED AT THE PUBLIC WORKS FACILITY TO WELLS CONCRETE PRODUCTS CO. IN THE AMOUNT OF $238,478.00. MOTION CARRIED 4-0. B. Consider Adoption of Resolution Awardinq Bid for Construction of the 97th Street Utility and Street Improvements to Hydrocon, Inc. in the amount of$639,379.00. City Administrator Schroeder clarified that most of the bid is straightforward and clear, adding it does include excavation that would be a shared cost by the developers of the property and industrial park. He stated that after the award there would be negotiations with the deve�oper regarding the shared costs and payment. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 01-146, A RESOLUTION AWARDING BID FOR THE 97T" STREET UTILITY AND STREET IMPROVEMENT PROJECT IN THE AMOUNT OF $639,379.00. MOTION CARRIED 4-0. Regular Meeting—September 5, 2001 Cottage Grove City Council Page 5 C. Consider Adoption of Resolution Awarding Bid for Construction of the Pine Summit 2nd Addition Utility and Street Improvements to Burschville Construction, Inc. in the Amount of $550.822.00. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADOPT RESOLUT/ON NO. 01-147, A RESOLUTION AWARDING BID FOR THE PINE SUMMIT 2ND ADDITION UTILITY AND STREET IMPROVEMENT PROJECT IN THE AMOUNT OF $550,822.00. MOTION CARRIED 4-0. UNFINISHED AND NEW BUSINESS A. Consider Authorizing Formation of a Liauor License Task Force and A�point One Council Member to Serve on the Task Force. Mayor Shiely asked City Clerk Stransky to clarify the rationale as to why they decided on this type of task force the last time fees were adjusted. She asked why it would include one Council Member, people from various Commissions, existing Liquor License Holders, and the Chamber of Commerce. City Clerk Stransky explained that Minnesota Statutes authorize a City to set its own fees for 3.2 beer, and off-sale and on-sale intoxicating liquor retail licenses. She referenced a Task Force that was created in 1992 that consisted of one Council Member, one member of the Public Safety, Health and Welfare Commission, one member representing an intoxicating Club License holder, and a member of the Chamber of Commerce. She explained that it was their responsibility to study the liquor license fees and recommend new fees for the years 1993 through 1997. She stated that the fees have remained constant since 1997. She further explained that she is looking for the Council's authorization to organize a similar task force to again study 3.2 beer and on-sale intoxicating liquor license fees. She added that the task force could also study the investigation fees currently charged for police background investigations as well as some of the other licensing fees. She clarified to the Council that the study would not include the fees for an off-sale intoxicating, on-sale club intoxicating or on-sale Sunday intoxicating license, which are already set at the maximums allowed under Statute. Mayor Shiely clarified that basically what they are looking at is increasing fees for various things and this task force would look at these fees. Council Member Wolcott explained that when the task force was formed last time City Staff had proposed that they raise the fees considerably. He stated that when the task force was done reviewing the various cities and their fees, they decided to raise the liquor license fee for each year over a span of years. Council Member Hale asked if the licensing for 3.2 and on-sale are subject to the State maximum. City Clerk Stransky clarified that they are not subject to the State maximum and they would be able to decide their fees. She further explained that State Statute requires a public hearing prior to any changes in fees. She stated that it would be good to have the liquor license establishment involved on the task force in order to gain their support and perspective. Mayor Shiely clarified that a member of the task force would be from the business community. She suggested Council Member Wolcott as the Council representative. She stated that she is not against the task force, adding that she is concerned about the fee process and what other cities are charging. Council Member Wolcott suggested that before forming a task force they review what other cities charge and do a comparison with Cottage Grove. He explained that the reason for the task force in Regular Meeting—September 5, 2001 Cottage Grove City Council Page 6 the last review was due to major differences in the fees charged. He stated that a comparison to other cities would help determine the need for a task force. Mayor Shiely asked if they should table this decision. City Administrator Schroeder clarified the issues regarding the licensing fees, adding that it isn't dissimilar to the underground wire fee ana�ysis done by Public Works Director Burshten. He suggested that if they are not comfortable with forming a task force at this time, they follow a similar process done by Public Works Director Burshten by providing a licensing fee analysis for the Council's review. Council Member Hale agreed that one of the elements would be to provide a competitive price comparison and cost investigation for licensing from other communities. By consensus the Council agreed to the process suggested by City Administrator Schroeder and determined a motion was not needed. B. Allow Representatives from Businesses that Failed the August 11, 2001 and August 13, 2001 Alcohol Compliance Checks an Opportunity to Admit or Deny the Allegations. Mayor Shiely explained that on August 11 and August 13, 2001, the Public Safety Department conducted alcohol compliance checks at Cottage Grove licensed businesses. She further explained that of the 14 liquor licensees, nine refused to sell liquor to the underage volunteer and five completed sales. She stated that representatives from the following liquor licensees have been invited to attend the Council meeting to admit or deny the allegation of selling liquor to a minor during the compliance check. She stated that if the licensee admits to the violation, Council should impose the appropriate fine as established per Resolution No. 00-49. 1. Cottage Grove V.F.W. Mayor Shiely explained that this is their third violation within a 24-month period and it is their fourth violation in a 28-month period. She explained that Council may impose a $1,500.00 fine for the third violation within a 24-month period and that Council could consider additional penalties and referenced the attached copy of Resolution No. 00-49 for their review. Jim Thompson, Commander of the Cottage Grove V.F.W., stepped forward and acknowledged the violation. He stated that they have hired a new manager and implemented new carding policies. MOTION BY WOLCOTT, SECONDED BY HALE, TO IMPOSE A $1,500.00 FINE TO COTTAGE GROVE V.F.W. FOR THEIR THIRD LIQUOR VIOLATION IN A 24-MONTH PERIOD. MOTION CARRIED 4-0. 2. Twin City Avanti Stores, LLC, DBA/Mobil Mayor Shiely explained that on May 25, 2001, Avanti Petroleum, Inc. failed their first alcohol compliance check. A Mobil representative stepped forward and acknowledged the violation. He explained that the decoy that came in did not look under the age of 30, adding that they have implemented a new policy and will begin to card everyone. He further explained that he had been trained that appearance of age over 30 years was the guideline for beer and age 27 years for cigarettes. He stated that he brought Regular Meefing—September 5, 2001 Cottage Grove City Council Page 7 the store tape, showing the transaction, for Council review. He explained that the minor actually appeared older than the adult did. Council Member Kohls asked to view the tape. She asked Captain Mickelson if they take photos of the individuals that participate in the compliance checks. Captain Mickelson confirmed that they do take photographs of the individuals prior to the compliance check. MOTION BY HALE, SECONDED BY KOHLS, TO IMPOSE A $500.00 FINE TO TWIN CITY AVANTI STORES, LLC, DBA/MOBIL FOR THEIR FIRST VIOLATION AS A NEW OWNER. MOTION CARRIED 4-0. 3. V& F. Inc., DBA/Shamrock Liquors Mayor Shiely stated that Staff recommends imposing a $500.00 fine for their first violation. Fritz Dolejs, representative for Shamrock Liquors, acknowledged the violation. He stated that he has been in the liquor business for ten years in Cottage Grove and 36 years in the business and has only received two violations. He apologized for the incident and explained their process for compliance. He expressed his concerns, adding that it is his feeling that the minor trying to purchase should be held somewhat accountable in some fashion and suggested that this be considered for the future. Council Member Kohls commended Mr. Dolejs for his responsibility with handling his business noting his length of time and the fact that he has not received more than finro violations during that entire time. Council Member Hale mentioned that they did update the ordinance to address the tobacco fines. Captain Mickelson reviewed the fines that can be imposed on a juvenile with respect to liquor or tobacco violations with the Council. Council Member Kohls asked Captain Mickelson if the police respond if a liquor store calls to notify them that a minor has purchased alcohol. Captain Mickelson confirmed that they do respond. He stated that, depending on the situation and circumstance of the individual, they would prosecute. MOTION BY KOHLS, SECONDED BY HALE, TO IMPOSE A$500.00 FINE TO V&F, INC., DBA/SHAMROCK LIQUORS FOR THEIR FIRST VIOLATION IN A 24-MONTH PERIOD. MOTION CARRIED 4-0. 4. After the Gold Rush. Inc. - Minnesota, DBA/Rodeo Mayor Shiely stated that Staff recommends imposing a $1,000.00 fine for their second violation within a 24-month period. Joseph F. Finn, Manager, acknowledged the second violation. He stated that he provided additional training for his door person and servers that includes a carding policy and alcohol awareness classes. He further stated that he now employs younger, plain-clothes employees to monitor the underage groups. MOTION BY KOHLS, SECONDED BY HALE, TO IMPOSE A$1,000.00 FINE TO AFTER THE GOLD RUSH, INC., - MINNESOTA, DBA/RODEO FOR THEIR SECOND VIOLATION WITHIN A 24- MONTH PERIOD. MOTION CARRIED. 4-0. Regu/ar Meeting—September 5, 2001 Cottage Grove City Council Page 8 5. Economic Develo�ment Authority, DBA/River Oaks Golf Course Mayor Shiely stated that Staff recommends imposing a $500.00 fine for their first violation. Dennis Neitz, Beverage & Food Director, acknowledged the violation. He stated that they have training programs in place and reviewed the curriculum with the Council. He apologized to the Council on behalf of their staff. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO IMPOSE A $500.00 FINE AGAINST THE ECONOMIC DEVELOPMENT AUTHORITY, DBA/RIVER OAKS GOLF COURSE, FOR THEIR FIRST VIOLATION IN A 24-MONTH PERIOD. MOTION CARRIED. 4-0. Mayor Shiely personally thanked all of the businesses that did pass compliance and read the list of businesses that passed. C. Consider Authorizingthe Transfer of Cottage Grove EMS Fund Balance Monies to Account 0600-4540 for the Purchase of 4 Non-budgeted Life Pac12 Lead Defibrillator Upgrades and Service Contract from Medtronic Physio-Control. Captain John Mickelson explained that this is a request for funding to purchase medical equipment that was not budgeted in the current year. He reviewed the history noting that per mandates from the Medical Director they started upgrading to Life Pac12 defibrillator units starting in 1999 and this purchase would complete the upgrade. He explained upgrades to the Life Pac12 units must be purchased and this is not an option, it is a mandate from our Medical Director at Regions Hospital. He stated that the equipment must be purchased in early 2002. He further explained that this provides the opportunity to get upgraded defibrillation and lead/defibrillation switching equipment at no extra cost. Captain Mickelson confirmed that he has personally discussed this with Medical Director Dr. R. J. Frascone and is in complete agreement that this is an opportunity to purchase the required equipment at a discount. MOTION WAS MADE BY WOLCOTT, SECONDED BY KOHLS, TO AUTHORIZE THE TRANSFER OF COTTAGE GROVE EMS FUND BALANCE MONIES TO ACCOUNT 0600-4540 FOR THE PURCHASE OF FOUR (4) NONBUDGETED LIFE PAC12 LEAD DEFIBRILLATOR UPGRADES AND TO ENTER INTO A SERVICE CONTRACT FROM MEDTRONIC PHYSIO-CONTROL, FOR A TOTAL COST OF $31,942.00 PLUS TAX. MOTION CARRIED. 4-0. D. Consider Approval of the Cottage Grove Ambulance Service Business Plan. Mayor Shiely explained that this plan outlines proposed major equipment purchases, staffing needs, projected operating budgets and revenues for the five-year period covering 2001 through 2005. Captain Mickelson stated that they have not considered the Medicare numbers, adding that they will lose about 8% to 17% of their revenue if the Medicare assignment comes into being or the State mandates the increase. Council Member Hale asked for clarification on the service areas, if the communities have agreed to this business plan and would they decide what service they want. Captain Mickelson explained that whoever owns the contract with the ambulance can decide what to charge and no other ambulance service could come into the area. Regular Meeting—September 5, 2001 Cottage Grove City Council Page 9 Council Member Hale asked for further clarification of the Medicare assignment and the process used to determine who carries supplemental and who doesn't. Captain Mickelson explained that if they are on Medicaid or under age 65 the government would determine what could be billed. He further explained that they could not bill above what has been assigned. Council Member Hale asked for further clarification on the budget and reviewed the four-year spread with the Council. Captain Mickelson explained that this plan outlines a three-ambulance service versus a four-ambulance service, which means an ambulance would need to be replaced every three to four years. Council Member Hale acknowledged that and agreed. He clarified that his question was in terms of spreading the expenditures. Finance Director Hedberg clarified that these are capital expenditures and would be applied and depreciated. Council Member Hale asked for further clarification on combining Paramedics and Fire. Captain Mickelson confirmed that they have been working towards combining these finro groups. Council Member Hale asked that the term "net profit" be removed from the capital budget statement, as they are not in business to make money but to provide a service. Council Member Kohls stated that she is very thankful for our emergency medical personnel. She stated that the community should be proud. She stated that she has a couple concerns and would discuss them with Captain Mickelson at a later date. She referenced page 13 with respect to planning options and expressed her concerns regarding joint powers of remit. She asked for Council feedback with respect to including this in the business plan. Captain Mickelson explained the intent is to share personnel, adding that it was a very limited partnership. He further explained that this is to allow more staffing for the Police Department and was intended to share personnel during certain times of the day. Mayor Shiely asked if Council Member Kohls had concerns. Council Member Kohls stated she wanted to ask the question to obtain clarification. Council Member Wolcott stated that he felt this was a good solution to share but would like to have further discussion before they move forward. He stated that it is the finest paramedic service in the metropolitan area, adding that for backup purposes he has no problem. Council Member Hale suggested that it might just be a wording issue versus concern about sharing personnel. Council Member Kohls stated that in the business plan there is discussion about rates and she wants the public to know that any increases would need to be approved by the Council before they can be implemented. She further explained that there would be discussion before a rate increase would happen. City Administrator Schroeder clarified that it is their intent to come back with a recommendation for a new rate schedule. Council Member Hale expressed concerns about forecasting and asked if any of the information is tracked. Finance Director Hedberg stated that they do track the information from the reports. Regular Meeting—September 5, 2001 Cottage Grove City Council Page 10 Mayor Shiely asked for copies of the reports for their review. Finance Director Hedberg asked if they want a breakdown of 65 and older, ALS & BLS and non-transport, adding that this would take a bit of time. MOTION BY HALE, SECONDED BY WOLCOTT, TO APPROVE THE COTTAGE GROVE AMBULANCE SERVICE BUSINESS PLAN. MOTION CARRIED. 4-0. E. Response to Council Inquiry Regarding the Required Clean Up at A& F Auto. City Administrator Schroeder stated that at the last City Council meeting it was requested that Staff provide an update on the required cleanup at A& F Auto. He provided a brief status of the property and asked Community Development Director Lindquist to update the Council. Community Development Director Lindquist stated that she spoke with both Adam Frederick and Eric McGee of Washington County, adding that Mr. Frederick has been involved with the tire cleanup. She said that the County has facilitated the cleanup of one trailer full of tires, estimated to be approximately 4,000 to 5,000 tires. She stated that the County is helping with the tire removal on a cost-sharing basis and it could be either in cash or additional services. She reviewed the cost of the trailer rental and the number of trailers needed for the removal with the Council. She stated that Mr. McGee has been designated to assist with cleanup of hazardous waste on the site and reviewed the type of waste removal and the process with the Council. Community Development Director Lindquist said that she has tried to contact Jeff Connell of the MPCA, adding that he left a message stating the PCA has not initiated any enforcement with A & F Auto. She explained that the PCA was going to initiate enforcement regarding hazardous waste at the site and met in 1999 with Washington County and the City to discuss the site. She stated that the reason the County will now be pursuing the hazardous waste on the site is because the PCA has yet to address the issue. Community Development Director Lindquist stated that she has discussed the A & F Auto situation with the City Attorney. The City Attorney recommended that the City re-notify Mr. Martin of the Council's decision and the ordered remedy as stated in the approved June 20, 2001 resolution. The City Attorney also recommends waiting 30 days to assess whether Mr. Martin will begin to comply with the Council's order to remove 20 percent of the inventory each month. Community Development Director Lindquist added that if no action is taken to comply, the City could begin the process to allow City cleanup of the site. She stated that the City Attorney has developed a memo and reviewed the options with the Council. She stated that at this time there is no action required by the Council and Staff will monitor the site for the next 30 days. Council Member Hale suggested that in the future they use registered mail for notification. Community Development Director Lindquist stated that he has refused certified, regular, and registered mail, adding that this time they sent notification with the police. Council Member Wolcott stated that as long as they can keep on top of this and provide updates, he is comfortable with the progress. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND QUESTIONS NONE. COUNCIL COMMENTS AND REQUESTS Regu/ar Meeting—September 5, 2001 Cottage Grove City Council Page 11 Mayor Shiely stated that she represents Cottage Grove on the Red Rock Corridor Commission and this year Council Member Kohls would represent her by attending the Red Rock Conference scheduled October 18-19, 2001. She stated that the final report is available for Council review. PAY BILLS MOTION BY KOHLS, SECONDED BY WOLCOTT, TO APPROVE PAYMENT OF CHECK NUMBERS 120213 TO 120459 TOTALING $865,058.35. MOTION CARRIED 4-0. Mayor Shiely explained that this is the end of the regular meeting, adding that the meeting will be continued in an Open Workshop Session to discuss issues associated with the southwest area of the community. She called a 10-minute break at 8:28 p.m. Mayor Shiely called the meeting back to order at 8:44 p.m. WORKSHOP SESSION —OPEN A. Discuss Issues Associated with Development in the Southwest Area of the Community and Provide Direction to Staff. Joe Zywiec, 7980 113th Street South, stated that he and his wife have owned this property for over 20 years and would like to think that this development would benefit the community. He stated that is why he chose Tschida to do the development. He stated that he would like to ask the support of the City Council in amending the Comprehensive Plan to allow this development to happen. John Tschida, 7350 80th Street, Cottage Grove, stated in all his years he has never attended a workshop and is not sure what to expect. He introduced his staff, adding that they are here to answer any questions from the Council. Council Member Kohls asked Mr. Tschida to provide a summary of their proposal for the public and the Council. Wayne Tower of Pioneer Engineering provided an overview of the development proposal in the southwest area of the community. He reviewed the map layout and the general area of the property with the Council. He stated that the land has been agricultural for a very long time and is generally very flat. He explained that they are proposing to develop using three housing styles, single family (194 lots proposed), townhomes (78 proposed) and senior/apartment housing (86 proposed). He stated that the master plan of the City calls for a collector road through the area and reviewed the location with the Council. He stated that they would utilize several ponds to maintain the runoff through the course of the project. He stated that they have a trail system that would interconnect the neighborhoods and reviewed the connections with the Council. He explained that they are trying to separate the neighborhoods by using the ponds and the trail systems. He acknowledged potential concerns with respect to City sanitary sewer and water availability. Mr. Tschida reviewed the project product design with the Council. He reviewed the townhouse design, adding that it is geared towards the growing population of Cottage Grove and designed with the empty nester in mind. He explained that the senior housing would be a 3-level building and designed as a cooperative. Regular Meeting—September 5, 2001 Cottage Grove City Council Page 12 Council Member Hale asked if the plan was to extend 95'h Street and was this part of the existing proposal. Mr. Tschida explained that it was not included as a part of the original proposal but they are now reconsidering the need. Margo Doten, 8753 Janero Avenue South, expressed her support for this development, adding that she supports every possible type of senior housing in Cottage Grove. Council Member Hale asked for clarification on the senior housing and asked if Ms. Doten was familiar with how seniors would buy into this type of housing. He clarified his understanding of the process in buying a share of the property and the responsibilities for maintenance fees and utilities. He referenced the buy in costs and monthly maintenance cost, adding that the buy in share provides value to the buyer at the time of a sale. Ms. Doten confirmed that they have heard the same and this plan is an attractive option for seniors in Cottage Grove. Terry Matula, 10795 Lehigh Avenue South, stated that he handles acquisitions for D. R. Horton, a large developer in the area. He stated that they are extremely interested in the development of this piece of land. He explained that they are in active negotiations with Mr. Nesvig in purchasing his property. He further explained that he wanted to provide a briefing to give the Council an idea of what they are contemplating. He stated that it is his job to go around the cities and analyze potential opportunities for a developer. He reviewed his analysis process with the Council. He stated that a change they have noticed in Cottage Grove is that there is not enough balance. He said that it has been determined that Cottage Grove has a large potential for growth in the next few years and this is a great property for development. Mr. Matula stated that they believe that Tschida's proposal would compliment what they want to do and would be advantageous to the area. He stated that they have enjoyed their business relationship with Cottage Grove and it is their hope that it will continue. He explained that he grew up and presently lives in the area. He acknowledged the transportation, sewer and water issues, adding that they are complicated and would continue to be, adding that they recognize these issues and would like to engage the subject and make it a positive one for everyone. He restated their support for Mr. Tschida and his development, adding that it will open the door to a broad economic boost for Cottage Grove. Council Member Kohls asked if Mr. Matula is here to present the Nesvig property. She stated that it was her understanding this had been resolved and asked for further clarification. She asked that they point out the location of the Nesvig property. Mayor Shiely clarified that the issues are to amend the Comprehensive Plan with respect to the MUSA and the annex of the Nesvig property is completely separate from this discussion. Mr. Matula clarified that he is not hinting that he is coming forward to present a project, only that he just learned of this workshop today. He explained that D.R. Horton has had conversations with Mr. Nesvig regarding the property and until now, there had not been a purpose to bring this forward to the Council. He further explained that an appeal about the annexation has been filed and is presently working through the court process. He stated that they do not know the results at this time. City Administrator Schroeder clarified Mr. Matula's process and explained the annexation of Mr. Nesvig's property to the Council. He reviewed the results of the determination, adding that the appeal had to be filed within 30 days after the order. He stated that recently Mr. Nesvig asked if the City would support the appeal and his response was that the City was done and not involved in any further process. Council Member Kohls clarified her understanding of what the appeal involves and the process. Regu/ar Meeting—September 5, 2001 Cottage Grove City Council Page 13 Mr. Matula clari�ed the appeal as Community Development Director Lindquist reviewed the area map with the Council showing the location of Mr. Nesvig's property. Mayor Shiely asked for clarification of the legal implications, adding that it is her understanding that Cottage Grove is a part of the appeal. She stated that Cottage Grove is not a part of the appeal since the City has taken an active stance not to participate. She stated that she does not recollect involvement in the appeal process, adding that this is a controversial issue and thanked them for coming to speak. Mayor Shiely stated this is a discussion of major property development, it would change the Comprehensive Plan, and it is the entrance to the Grey Cloud area. She explained that she would not be prepared to provide her thoughts regarding the annexation by the end of the workshop session. Mr. Matula clarified that they are not asking the Council for anything at this time. He stated that there is nothing for the City of Cottage Grove to address but that once the appeal process is completed this could change. He stated that with a development of this size it is their preference to enter into a working partnership with the City. He clarified that it is not their intent to come and force issues and restated their preference in wanting to create a working partnership with the City. Council Member Kohls asked Mr. Matula if Cottage Grove were to change the MUSA would that change be key to helping their argument in the appeal process. Mr. Matula clarified that this would not affect the development or the Nesvig appeal. Mayor Shiely asked for clarification as to what would happen with the annexation of the property if the appeal were approved. Mr. Nesvig explained the process and what would happen to the Council. Mr. Matula acknowledged the difficulty in keeping with the fast pace of business and apologized. He stated that it was not his intent to upset the Council or pop a surprise on them. Council Member Kohls acknowledged that further discussion is needed. She expressed her appreciation to Mr. Matula for bringing this to the Council and making them aware of this appeal. Mr. Matula stated that they would be happy to keep the Council informed and would forward information to the Council as they receive it. He stated that there is no doubt that this land will be developed, adding that the entire property is serviceable. He stated that he does not want them to think he is here to associate himself to this development, adding that is not his intent. He stated that the Cheetah project stands on its own. He stated that 95th and 100th Street are critical and important for the Nesvig development and for Cottage Grove. He further stated that they need to find ways to make all of this workable. Council Member Kohls asked for clarification on the size of the amendment to the Comprehensive Plan, what is going to be asked for and if it is only involving the Zywiec property or would it potentially include the Nesvig property. Community Development Director Lindquist explained that it was not their intent to expand the MUSA � line any further than the Zwiec property and perhaps the Swanlund's, and explained the area to the Council. She stated that the sanitary sewer is an issue in addition to several other issues that require further discussion. She reviewed the issues regarding access and sanitary, adding that this is not a part of the MUSA they are supporting. Regular Meeting—September 5, 2001 Cottage Grove City Council Page 14 Council Member Hale suggested that the Council move forward to continue discussion of the subject originally scheduled. He referenced a workshop where they discussed City goals, stating that one of the goals was to encourage development and senior housing in addition to upper end and alternative housing to promote housing variety in the City. He stated that his observation is that with a restricted MUSA for development, we open ourselves up to single or very large developers. He reviewed the issues that need to be considered, adding that the real issue is how we, as a City, can encourage variety and get the kind of development that will enhance our City and the industrial base. He stated those only come after you have a population base, adding that they are trying to develop the population base but that they do not have housing variety. Council Member Hale urged that the discussion be kept with the issues at hand with the southwest quadrant. He stated that Woodbury has limited their building, adding that Cottage Grove will have a significant increase in building, adding that the southwest quadrant provides the best opportunity. He stated that he would support the Council looking seriously at the southwest quadrant and expanding this area. Council Member Hale further stated that he would like to hear discussion with respect to sewer capacity and acknowledged that Staff confirms that they have capacity. He stated that another issue that is important and needs discussion is the transportation issues and he reviewed the streets in question. Kenneth Tschida expressed his disappointment for this evening, adding that he would have liked to have had the opportunity of knowing that Mr. Nesvig was coming so they could have been more prepared in their presentation. He reviewed their plans and the process they have taken with the Council. He stated that they have had discussion around the railroad and approval of an on grade crossing does not seem possible. Mr. Tschida stated that they would like to promise to the Council three to four types of housing for this development and referenced the housing project styles that his group has worked on in the recent past. He stated that it is their intent to maintain the tree line that separates them from the Swanlund property. He stated that they have an alternative plan that can be utilized if necessary. Council Member Hale stated that one of his concerns was to provide a transportation corridor that would allow people to leave as quickly as possible, adding that 95`h would be an option. He further stated that if they make it difficult that they would end up using Hadley and this would create major problems for Cottage Grove. Mr. Tschida asked if this would be through the property or to it. He explained the potential possibilities to address the transportation corridor. Council Member Hale stated that they would like to see a four-lane roadway included, as 95`h is presently a four-lane street. Mayor Shiely stated that she is not ready at this point to give staff direction as she has several questions and she is not going to make any further comments. Council Member Kohls referenced the traffic study, adding she has concerns regarding traffic flow. She asked for clarification regarding the standards for traffic flow. She expressed real concerns regarding the traffic study and suggested further discussion. She stated that her second issue is that she can't do a Comprehensive Plan amendment for every developer that wants to come in and develop different types of housing. She stated that this could go on and she is not ready to vote on one Comprehensive Plan amendment for one developer. She stated that she is aware that similar situations would present itself within a year or two and this is an extreme variation from what they voted on last year. Regu/ar Meeting—September 5, 2001 Cottage Grove City Council Page 15 Council Member Wolcott stated that Council Member Hale spoke very well on issues he too would raise. He stated that he has two additional points, all land that is currently in the MUSA and is able to be serviced, is under ownership at this time. He stated the Council needs to consider expanding the MUSA. He referenced the traffic study and expressed agreement that it has some problems but it also has some solutions to the identified problems. He suggested a stop sign on Hadley to encourage use of 95`h, adding that Hadley could end up with more traffic. Council Member Wolcott stated that this would try to keep people from using Hadley. He stated that one thing he likes about the development is the senior housing and higher end development, adding that the builder has done a good job. He stated that this is something the City needs and should be looked at. He stated that they do not have enough land to be serviced by City services and they need to look at additional land. He said that he believes this is a good development, they have dealt with this group before and they do a good job, adding that they have very good things to offer. Mayor Shiely asked if they would want to expand the MUSA at the southwest end of the City. She expressed her concerns, adding that she really likes their development, that this is not the issue. She recalled that the Comprehensive Plan included this part of the MUSA, adding that this was pulled from the Comprehensive Plan and referenced the West Draw controversy. She stated that the development of the West Draw has not turned out as they had hoped, adding that she cannot make her decision based on the business efforts of the City. She stated that this is what she needs to know from Staff: 1. How many housing units are currently on the books? 2. How many townhomes? 3. When will they be built? 4. What the sewage situation would be if they open the southwest quadrant. 5. Information on the convenience center and where it would be located. 6. Are there other potential senior housing developments in other areas of the City and what area of the City would be best for senior housing? She stated that she wants a more global picture before making a decision. She further stated that she wants to know what they don't have in the West Draw and she wants to know exactly what would be the outcome of this decision. She complimented the Tschida's for their housing designs, senior housing plan, and landscaping designs. She explained that her comments are not based on the design but based on her questions and would like to continue this discussion. Council Member Hale agreed, adding that it was his understanding tonight's focus for the workshop was going to be with respect to the expansion of the MUSA. Mayor Shiely called a 5-minute break at 9:55 p.m. She explained that the Council would move to a closed session at 10:00 p.m. to discuss personnel issues and negotiations of police union issues. WORKSHOP SESSION — CLOSED TO PUBLIC MOTION BY WOLCOTT, SECONDED BY KOHLS, TO CLOSE THE MEETING AT 10:10 P.M. MOTION CARRIED. 4-0. Present: Mayor Sandy Shiely Council Member Rod Hale Council Member Cheryl Kohls Council Member Jim Wolcott Not Present: Council Member Pat Rice Also Present: Ryan Schroeder, City Administrator Corrine Thomson, City Attorney, Kennedy and Graven Michelle Wolfe, Assistant City Administrator Regular Meefing—Sepfember 5, 2001 Cottage Grove City Council Page 16 The Council met in closed session, pursuant to the open meeting law, to receive an update from the City Administrator on union negotiations and other personnel matters. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADJOURN THE CLOSED SESSION AND RECONVENE THE REGULAR MEETING. MOTION CARRIED 4-0. ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY HALE, TO ADJOURN THE REGULAR MEETING AT 12:30 A.M. MOTION CARRIED. 4-0. Respectfully submitted, Bonita Sullivan TimeSaver Off Site Secretarial, Inc.