HomeMy WebLinkAbout2006-02-15 MINUTESREGULAR MEETING
COTTAGE GROVE CITY COUNCIL
February 15, 2006
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 Myron Bailey
Council Member Karla Bigham
Council Member Mark Grossklaus
Council Member Pat Rice
Also Present: Ryan Schroeder, City Administrator
Ron Hedberg, Finance & Administrative Services Director
Howard Blin, Community Development Director
Jennifer Levitt, City Engineer
Michael Zurbey, Acting Public Safety Director
Harry Taylor, Public Works Supervisor
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, February 15, 2006, 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 Myron Bailey
Council Member Karla Bigham
Council Member Mark Grossklaus
Council Member Pat Rice
Also Present: Ryan Schroeder, City Administrator
Ron Hedberg, Finance and Administrative Services Director
Howard Blin, Community Development Director
Jennifer Levitt, City Engineer
Michael Zurbey, Acting Public Safety Director
Harry Taylor, Public Works Supervisor
Corrine Thomson, City Attorney
Regular Meeting — February 15, 2006
Cottage Grove City Council
Page 2
Mayor Shiely presided over the meeting.
ADOPTION OF AGENDA
MOTION BY RICE, SECONDED BY BIGHAM, TO APPROVE THE AGENDA AS AMENDED.
MOTION CARRIED 5-0.
PRESENTATIONS
A. Cottaqe Grove Rovaltv
Mayor Shiely stated that representatives for the Cottage Grove Royalty are here this evening to talk
about the award they won during the St. Paul Winter Carnival.
Lori Olson thanked the Council noted that Committee Member Julie Berg along with two additional
Committee Members are present this evening. She provided Council with a brief history noting that in
2004 it was determined that the float could no longer be repaired and had to be replaced. She stated
that they received, through hard work fundraising and through the support of companies like Tennis
Sanitation, the VFW, Lions Club and 3M, donations and a trailer that they could use to build a new
float. The Committee met with a group who agreed to build the float noting that many hours were
invested and they did a great job. Olson stated that the float was unveiled June 18, 2005 during the
Strawberry Fest parade noting that most recently Royalty, parents and committee members spent
many hours decorating and preparing the float for the St. Paul Winter Carnival. She stated that the
Judges surprised them prior to the start of the Torch Light Parade when they came out to award them
with a trophy for First Place. She noted that they have won first place three times in the recent past in
addition to winning the Queen's Award once. She thanked everyone for their donations, their time
and their support stating that without the assistance of so many we would not have achieved this
award.
APPROVAL OF MINUTES
A. December 7, 2005 Regular Meeting
Mayor Shiely stated that the minutes stand approved as presented.
B. December 21, 2005 Regular Meeting
Mayor Shiely stated that the minutes stand approved as presented.
CONSENT CALENDAR
Council Member Bailey pulled Items 4E, 4R and 4T for discussion. He referenced Item 4E, a
resolution accepting a grant from the Gordon and Margaret Bailey Foundation. He reviewed the
purpose of the foundation stating that he would like to recognize the foundation for their support of the
youth in Cottage Grove and thanked them for the grant. He referenced Item 4R, a resolution
accepting a donation from Marathon Petroleum to the Public Safety Department Fire Division and
Regular Meeting — February 15, 2006
Cottage Grove City Council
Page 3
thanked Marathon for their support. He referenced Item 4T stating that this is to recognize Kyle
Lindquist service with the Public Safety, Health, and Welfare Commission and thanked Mr. Lindquist
for his years of service and support to the City.
Council Member Bigham asked to pull Items 4S and 4J for discussion. She referenced Item 4S, a
resolution regarding 800 MHZ mandates and asked City Administrator Schroeder to clarify. She
noted that she is in favor with submitting their suggestions to the State Auditor's website.
City Administrator Schroeder provided Council with a clarification of the 800 MHZ mandates noting
that the mandates usually create the need for local governments to provide services in ways that
create costs at the local level in order to provide response to a service that is desired at a higher
government level. One of these mandates is the 800 MHZ migration. He explained that the
resolution is a statement about the fact that the mandate is non-funded. He further explained that the
State Auditor is trying to reach out to cities and counties to determine what the impacts would be on
local governments.
Council Member Bigham referenced Item 4J, a request to authorize the development of specifications
and advertise for bids for a Mobile Command Vehicle. She stated that staff has spent a lot of time
researching this and thanked them for their time and hard work.
Sergeant Brian Wilson stated that he and Deputy Chief Rick Redenius worked together to research a
variety of Mobile Command Units to determine what would best fit the City of Cottage Grove. He
explained that the research helped them identify immediate needs and what would be necessary for
future expansion.
Mayor Shiely thanked the Officers for the amount time they spent researching an issue that would
benefit both the Fire and Police Department.
MOTION BY RICE, SECONDED BY GROSSKLAUS, TO:
A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES:
B. ADOPT RESOLUTION NO. 06-019, RESOLUTION APPROVING FINAL PAYMENT IN THE
AMOUNT OF $10,710.51 TO DANNER, INC. FOR THE 2004 CURB AND PAVEMENT
PROJECT.
C. APPROVE CHANGE ORDER #2 FOR THE TIMBER RIDGE 6 ADDITION PROJECT.
D. ADOPT RESOLUTION NO. 06-020, RESOLUTION APPROVING THE SUPPLEMENT TO
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND CITY
ADMINISTRATOR RYAN SCHROEDER.
E. ADOPT RESOLUTION NO. 06-021, RESOLUTION ACCEPTING GRANT FROM THE
GORDON AND MARGARET BAILEY FOUNDATION FOR COTTAGE GROVE RECREATION
DEPARTMENT'S REC. WORKS VOLUNTEERS.
F. APPOINT JIM WOLCOTT AS THE ALTERNATE APPOINTEE TO THE SOUTH
WASHINGTON COUNTY TELECOMMUNICATIONS COMMISSION FOR A TWO-YEAR
TERM OF MARCH 1, 2006 THROUGH FEBRUARY 28, 2008.
G. ADOPT RESOLUTION NO. 06-022, RESOLUTION APPROVING THE FINAL PLAT NAMED
PINE ARBOR 3 ADDITION. ADOPT RESOLUTION NO. 06-022.1, RESOLUTION
AUTHORIZING THE PREPARATION OF A FEASIBILITY REPORT FOR THE PINE ARBOR
Regular Meeting — February 15, 2006
Cottage Grove City Council
Page 4
3 RD ADDITION PROJECT.
H. ADOPT RESOLUTION NO. 06-023, RESOLUTION APPROVING A SITE PLAN REVIEW OF
A 3,750 SQUARE FOOT RETAIL BUILDING TO BE LOCATED AT 7009 JORGENSEN LANE
SOUTH.
I. APPROVE THE SUBDIVISION AGREEMENT WITH US HOME CORPORATION FOR
PINECLIFF 2 ND ADDITION.
J. AUTHORIZE THE DEVELOPMENT OF SPECIFICATIONS AND THE ADVERTISEMENT
FOR BIDS FOR A MOBILE COMMAND VEHICLE.
K. ADOPT RESOLUTION NO. 06-024, RESOLUTION APPROVING THE FINAL PLAT NAMED
LEHIGH ACRES. ADOPT RESOLUTION NO. 06-024.1, RESOLUTION AUTHORIZING THE
PREPARATION OF A FEASIBILITY REPORT FOR THE LEHIGH ACRES ADDITION
PROJECT.
L. ADOPT RESOLUTION NO. 06-025, RESOLUTION APPROVING THE PLANS AND
SPECIFICATIONS AND ESTABLISHING A BID DATE FOR THE PINECLIFF 2" ADDITION
UTILITY, STREET AND STREET LIGHTING IMPROVEMENT PROJECT.
M. ADOPT RESOLUTION NO. 06-068, RESOLUTION APPROVING THE PLANS AND
SPECIFICATIONS AND ESTABLISHING A BID DATE FOR THE WELLS #4 AND #5
ELECTRICAL UPGRADES PROJECT.
N. ADOPT RESOLUTION NO. 06-027, RESOLUTION APPROVING THE 2006 MINING PERMIT
FOR AGGREGATE INDUSTRIES, INC.
O. AUTHORIZE THE PURCHASE OF 40,000 POUNDS OF CRAFCO 221 CRACK SEALANT.
P. AUTHORIZE THE PURCHASE OF ONE NEW HOLLAND TS115A TRACTOR FROM
WERNER IMPLEMENT AND DIAMOND FLAIL MOWER PACKAGE FROM DIAMOND
MOWERS FOR A TOTAL PURCHASE PRICE OF $55,081.49.
Q. ADOPT RESOLUTION NO. 06-028, RESOLUTION APPROVING THE ABATEMENT OF
THREE UTILITY BILL CERTIFICATIONS TO PROPERTY TAXES.
R. ADOPT RESOLUTION NO. 06-029, RESOLUTION ACCEPTING DONATION OF MONEY
FOR THE DEPARTMENT OF PUBLIC SAFETY FIRE DIVISION FOR THE PURCHASE OF A
VENTILATION AND FIREFIGHTER ESCAPE TRAINING PROP AND ADDITIONAL FITNESS
EQUIPMENT.
S. ADOPT RESOLUTION NO. 06-030, RESOLUTION REQUESTING FULL FUNDING FOR 800
MHZ PUBLIC SAFETY RADIO COMMUNICATIONS.
T. RECOGNIZE KYLE LINDQUIST AND COMMEND HIM FOR HIS SIX YEARS OF SERVICE
ON THE CITY'S PUBLIC SAFETY, HEALTH, AND WELFARE COMMISSION.
U. ADOPT ORD/NANCE NO. 783, AN ORDINANCE FOR THE CITY OF COTTAGE GROVE,
MINNESOTA; AMENDING OF THE COTTAGE GROVE CITY CODE RELATING TO FEES.
ADOPT RESOLUTION NO. 06-031, RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. 783 BY TITLE AND SUMMARY. ADOPT ORD/NANCE NO. 784, AN
ORDINANCE ESTABLISHING FEES. ADOPT RESOLUTION NO. 06-032, RESOLUTION
AUTHORIZING PUBLICATION OF ORDINANCE NO. 784 ESTABLISHING FEES BY TITLE
AND SUMMARY.
V. ADOPT RESOLUTION NO. 06-033, RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ESTABLISHING A BID DATE FOR THE 2006 CURB AND
PAVEMENT PROJECT.
MOTION CARRIED 5-0.
Regular Meeting — February 15, 2006
Coitage Grove City Council
Page 5
RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES
NONE
PUBLIC HEARINGS
NONE
BID AWARDS
NONE
UNFINISHED AND NEW BUSINESS
A. Consider Adoptinq a Resolution Authorizinq the EDA Use of Eminent Domain Proceedinqs
concerning Cottaqe Square Site Redevelopment.
City Administrator Schroeder provided Council with a brief overview of the eminent domain process
and a history of the Presbyterian Homes request for use of eminent domain. He noted that several
parties are present and would like to present their concerns to Council.
Schroeder stated that on January 13, 2004 Presbyterian Homes entered into a purchase agreement
with Phoenix Partners to acquire the Cottage Square Shopping Center. He stated that they closed on
the property in late November 2004 and on March 16, 2005; the City Council adopted a business
subsidies resolution for this project. Since they acquired the property, Presbyterian Homes has been
conducting environmental testing and mitigation, site engineering and tenant relocation. Schroeder
indicated that Presbyterian Homes have also acquired the Goodyear and BP Amoco sites, which were
outside of the development agreement with the City. Since the end of 2003, all of the tenants have
either voluntarily left or have relocated except for the Demori's Restaurant and Snyder Drug Store.
The agenda packet includes memorandums from Bob LaBrosse, Building Official, P.J. McMahon, Fire
Marshall; and Howard Blin, Community Development Director that summarizes their observations
from a recent site visit and includes their conclusions.
Schroeder reviewed the contingencies with Council noting that it was indicated that the developer had
reached a preliminary agreement with the last two tenants located on the property. He explained that
the owner of Demori's has since reconsidered their agreement and it appears that the anticipated
handshake agreement made on February 6, 2006 between Demori's and Presbyterian Homes will
probably not happen. He indicated that the EDA voted 6-2 at their last meeting to approve the
decision for use of eminent domain noting that this does not close down the opportunity for all parties
to come to an agreement outside of this.
Bob VanSlyke, Presbyterian Homes, provided Council with a brief overview of the recently developed
site plan. He said that this is a very preliminary draft for the site and is likely to change many times
before they begin the planning application process. Mr. VanSlyke reviewed the preliminary layout
stating that the proposed senior housing, with approximately 150 to 160 units, would be located on the
south end of the site. The buildings would include dining rooms, a fitness center, a movie center, and
a multi-purpose room.
Regular Meeting — February 15, 2006
Cottage Grove City Council
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Mr. VanSlyke stated that a detailed plan of the exterior has not been developed yet noting that
materials would probably be a combination of brick, cultured stone, hardy board and panels. The site
size for the proposed senior component would be approximately 6.2 acres and would be 40-feet back
from the property line. VanSlyke stated that he was not sure how far back it would be from the current
single-family homes located on the hill. The buildings would be four-stories tall noting that there is a
significant difference in the elevation between the senior entrance and the current single-family
homes. VanSlyke assured Council that this area of the project would be reviewed and the differences
would be further clarified in the formal application.
Mr. VanSlyke stated that a civil engineer has been hired and preliminary discussions have taken place
with the Watershed District. He stated that Griffin Companies has been hired to assist with the
retail/commercial piece noting that the retail project would be located on the northern end of the site.
He said their intent is to continue to own and do not plan to sell any of the retail portion, because they
want to be able to maintain the grounds and keep a consistent look between the senior housing and
retail with landscaping design and materials. VanSlyk reviewed the proposed parking, which includes
one unit of underground parking to one unit of independent living, approximately 80-90 underground
spaces. He stated that the remaining parking, as required by City ordinance, would be surFace
parking.
Council Member Bigham asked if they have similar sites in the area. Mr. VanSlyke stated that they
have similar senior housing and independent living campuses located in Inver Grove Heights,
Woodbury, and Mahtomedi with a retail/commercial campus located at 90�' and Lyndale.
Council Member Bigham stated that she is happy with the parking and green space. She stated that
she likes the overall plan.
Mayor Shiely stated that she understands that they are not ready to be specific with the retail portion
of the site noting that it would be conveniently located for all of the residents on the north side of the
highway.
Council Member Grossklaus asked for a timeline of the project. Mr. VanSlyke stated that they have
developed the site plan noting that it is their intent to file the applications this spring that would begin
the process for the senior housing portion and hopefully early summer for the start of the retail portion
of the project. He stated that the senior housing portion would take approximately 13 months to build
noting that they could not begin the project until the existing mall is demolished.
Bob Lindahl, Attorney, Kennedy and Graven, stated that he present as an advisor with respect to the
public sector condemnation process. He provided Council with an overview of the process noting that
the Legislature is currently entertaining proposals that would modify the current law and how
condemnation could be used. He stated that the modifications would be applicable to petitions filed
after March 2006. Lindahl explained that if the Council wishes to entertain condemnation, the
resolution would have to be approved tonight. He reviewed the current condition of the mall noting
that its current condition presents a number of safety issues. He suggested that Council consider
adopting the resolution for eminent domain tonight and not file for condemnation until he has the
opportunity to discuss all options with all involved parties. He assured Council that he would work
with everyone to try to find a solution that would benefit everyone.
Regular Meeting — February 15, 2006
Cottage Grove City Council
Page 7
Mayor Shiely asked if all of the businesses were given relocation assistance. Mr. Lindahl stated that a
consultant has been retained to work with the tenants to identify comparable locations and assured
Council that the relocations would comply with all City regulations.
Dave Leonard, Snyder's Drug, assured Council that he believes this is a great proposal and would like
to be a part of it. He expressed frustration stating that he has tried for three years to be a part of this
project with no success. He provided Council with a brief overview of the events adding that he is
very aware that the area is blighted and is in need of renovation. He indicated that he had spoken
with Allen Black, Presbyterian Homes, to express his interest in participating in the project as they
have been in Cottage Grove since 1961. He expressed concerns regarding the impact this could
have on his current client base noting that pharmacy files, by law, cannot go dead, they have to
remain active and he does not have a location nearby, which would mean he would have to transfer
his files to Target or Walgreen's. He stated that he spoke with several individuals regarding his
interest to be a part of the process adding that he is very frustrated at the lack of response to his
inquiries.
Mr. Leonard stated that many of his employees are concerned about their jobs and many of his
customers have expressed concerns about their prescriptions. He has assured everyone that it is
their plan to remain at their current location but is frustrated that Presbyterian Homes has not provided
him with a copy of the site plan or proposal. He stated that he finally decided in the summer of 2004
that the best approach would be to get out of the way of the developer. He started the process of
purchasing another building, the papers were signed and, he was waiting to close the deal when he
received a call from the title company telling them not to cash the check, there was another interested
party, the Griffin Companies. He stated that he then contacted Community Development Director Blin
to discuss the particulars of the property including road access points; easements, watershed issues
and drainage. He stated that Community Development Director Blin indicated that he would support
his proposal for the property but he received a letter from the City on December 9, 2004 stating that
there was an agreement in place to sell the property to another party.
Mr. Leonard stated that he is very frustrated that he has not received any responses to his inquiries.
He stated that he did receive an email from Wayne Grasken asking about his needs for the store and
where they would like to relocate adding that he responded immediately with his information. He
stated that he has also met with City Staff to try to find out what was happening with the project and
the property. He stated that he also asked at that time to meet with Presbyterian Homes and the City
and has yet to receive a response. He stated that after waiting two weeks he did contact Presbyterian
Homes and was disappointed to be told that they were not interested in meeting with him. He stated
that he received the letter of intent from the Griffin Companies on October 10 He noted that a site
plan was included with the letter of intent and asked how they could present this letter without
knowing where the store would be located. He stated that they have a signed lease for this property
through 2014 and that he has filed a lawsuit against Presbyterian Homes for a breach of their lease
agreement. He stated that they have an obligation to keep the property up adding that its current
condition is completely unacceptable. He stated that they have repeatedly expressed their interest to
be a part of this project for the last three years and are very frustrated that they are not being included
in the process. He stated that they are a Minnesota company with 68 stores throughout the State. He
stated that he feels like he is being beaten up by the big boys noting that the store has lost over a
million in sales due to this situation. He stated that he wants very much to remain in Cottage Grove.
Regular Meeting — February 15, 2006
Cottage Grove City Council
Page 8
Council Member Rice noted that the company recently went through a bankruptcy asked Mr. Leonard
when it actually happened. Mr. Leonard explained that it was filed in 2003 and ended in 2004. He
stated that they are fine now financially and are moving forward.
James Noos, Attorney representing Snyder's, stated that Dave Leonard brought this issue to his
attention in late August 2005 noting that Mr. Leonard was very frustrated with the condition of the
property. He reviewed mall conditions noting that a meeting with Community Development Director
Blin and City Administrator Schroeder was scheduled for October 1, 2005 to discuss two issues; what
was happening with the redevelopment project and what would happen to Snyder's Drug Store in the
redevelopment process. He indicated that Community Development Director Blin and City
Administrator Schroeder had appeared to be surprised when they were told that Mr. Leonard had not
received any communications from Presbyterian Homes and that they indicated that they would see
what could be done to schedule a meeting. He stated that they also discussed the second concern
raised, which was the condition of the mall.
Mr. Noos stated that Snyder's Drug Store is asking that the Council table their decision and allow
them time to meet with Presbyterian Homes to see about the possibilities of being involved with this
project.
Mayor Shiely clarified with Mr. Lindahl that all parties involved would still have the opportunity to meet
and discuss available options. Mr. Lindahl confirmed and assured Council that if there is a motion
tonight that he would personally commit to working with them to find the best solution.
City Attorney Corrine Thomson noted that it appears the communication between the developers and
Snyder's has been less than what the City Council would have expected. She stated that this would
provide the EDA with more control over what would happen going forward as they are in control of the
eminent domain issue. She stated that the parties involved have had a significant period of time to
work things out and haven't and if the resolution is passed, the EDA would have greater control over
what happens. The EDA could ensure that the communication happens and the needs of the tenants
are understood.
City Administrator Schroeder stated that the City has tried to maintain a position as a financing
conduit for a portion of the project and clarified that the Developer is responsible for relocation not the
City. He stated that the City has tried not to insert into the negotiations noting that they are aware that
Snyder's has expressed an interest in maintaining their involvement with this site and it is also his
understanding that there are some differences of opinion.
Mr. Leonard referenced the October 1, 2005 meeting with City Staff and asked why they did not follow
through on their commitments. Community Development Director Blin noted that shortly after the
October 1 S meeting Griffin Companies provided their letter of intent and it was their thought that
discussions were taking place between the two parties and felt that a meeting was not needed.
Mayor Shiely clarified that this is a situation between Presbyterian Homes and Snyder's, not the City.
She noted that Snyder's has an active lawsuit against Presbyterian Homes adding that they are not
going to fight this lawsuit in front of the Council
Regular Meeting - February 15, 2006
Cottage Grove City Council
Page 9
Council Member Bailey assured Mr. Leonard that no one from the Council wants to see Snyder's
leave Cottage Grove. He noted that the letter of intent from Griffin Companies was provided to
Snyder's on October 10 and asked if this was when they had decided not to talk with them further.
He noted that it sounds like they want to remain on the site but might not be able to and that they
have had the option to find another location, but have chosen not to look.
Mr. Leonard stated that he did talk with Griffin Companies regarding their letter of intent noting that he
asked them for initial project information and a site plan. He stated that he has not received any
information from Presbyterian Homes since they received the letter of intent.
Mr. Leonard explained that when they considered purchasing the Goodyear store it would have
resolved the issue on both sides noting that they even offered to match building materials to the
proposed site. He asked Council to consider giving them more time. He expressed concerns stating
that eminent domain should not be used to allow one private entity to push out another private entity.
Mr. Lindahl suggesfed that Council approve the resolution for eminent domain with the understanding
that they file the petition but not give the quick take notice until it comes back to the EDA for review.
He stated that this would allow them the time to address the situation without being locked into a 90-
day timeframe.
Zak Grover, Presbyterian Homes Representative, assured Council that they do not want to argue the
merits of the lawsuit this evening. He noted that many of the individuals referenced earlier are not
present this evening to respond or rebut. He stated that they would welcome the EDA's and the City's
involvement noting that the EDA could help facilitate the negotiation process with Snyder's. He urged
Council to make a decision this evening noting that it is an ongoing process that has to move forward
in order for the development to happen.
Council Member Grossklaus stated that he has always been against eminent domain and believes
that it is a horrible way for a City to do business. He stated that there were several issues brought to
light this evening that he was not previously aware of adding that it is his intent to vote against
eminent domain.
Council Member Bigham stated that she would not support this either. She stated that she feels that
this is a business deal gone awry and does not believe that the City should be involved.
Mayor Shiely stated that for the period of time that she has served as a member of the Council they
have never actually had to go through this process. She stated that Council has always been very
reluctant to use this type of process to resolve a problem. She stated that this shopping center has
been an issue for several years noting that it has not been in good condition for many years. She
stated that the City of Cottage Grove has a public need for senior housing and this presents an
opportunity to address that need. She stated that she does not like the concept of eminent domain
and it is her hope that they will not have to use it. She stated that in fairness to the tenants who have
moved voluntarily she would reluctantly vote in favor of the eminent domain proposal. She stated that
it is her hope that all parties would be able to settle this issue prior to the time where they would be
required to use eminent domain.
MOTION BY RICE, SECOND BY BAILEY, TO ADOPT RESOLUTION NO. 06-034, RESOLUTION
Regular Meeting — February 15, 2006
Cottage Grove City Council
Page 10
AUTHORIZING EDA USE OF EMINENT DOMAIN PROCEEDINGS AND THAT THE QUICK TAKE
BE DELAYED UNTIL FURTHER ACTION BY THE EDA. MOTION CARRIED 3-2 (NAY-
GROSSKLAUS/BIGHAM).
Mayor Shiely called a five-minute break at 9:09 p.m.
Mayor Shiely called the meeting back to order at 9:18 p.m.
B. Consider Adoptinp an Ordinance Amendinq Tobacco Code Violation Fees Per Citv Council
Direction from the Januarv 18, 2006 Reqular Meetinq.
MOTION BY BIGHAM, SECOND BY BAILEY, TO ADOPT ORD/NANCE NO. 785, AN ORDINANCE
FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING TOBACCO CODE VIOLATION
FEES. MOTION CARRIED 5-0.
C. Consider Authorizinq the Preparation of a Feasibilitv Report and Authorizinq Staff to Accept
the MnDOT FY 2007 Municipal Aqreement Fundinq for the Jamaica Avenue Roundabouts.
City Engineer Levitt provided the Council with a brief overview of the roundabout project. She
reviewed an overhead map of the roundabout location noting that the congestion on the exit ramps is
what initiated the proposal for a feasibility report and review of roundabouts. She reviewed financing
options noting that it also includes pursuing and agreement with MnDOT for funding. She stated that
Staff is requesting that Council accept the funding offer and authorize Staff to move forward with the
feasibility report.
Council Member Bigham noted that there would be a lot of semi-truck traffic and asked if the width of
the lanes would be wide enough to manage large plows and trucks. City Engineer Levitt assured
Council that the design of the lanes and all costs would be clearly defined as they move into the
feasibility study phase.
Council Member Bailey stated that he is concerned that the lanes would not be wide enough to handle
large trucks. He asked that they pay close attention to the curb cuts and be sure that the lanes are
wide enough to handle the increased truck traffic that would be generated for trucks out of the
industrial park area.
MOTION BY BAILEY, SECOND BY GROSSKLAUS, TO ADOPT RESOLUTION NO. 06-035,
RESOLUTION AUTHORIZING THE PREPARATION OF A FEASIBILITY REPORT FOR THE
JAMAICA AVENUE ROUNDABOUTS AT TH61 AT JAMAICA AVENUE AND WEST POINT
DOUGLAS ROAD. MOTION CARRIED 5-0.
MOTION BY BAILEY, SECOND BY GROSSKLAUS, TO ADOPT RESOLUTION NO. 06-036,
RESOLUTION ACCEPTING FUNDING FROM MNDOT THROUGH THE MUNICIPAL AGREEMENT
PROGRAM FOR IMPROVEMENTS TO THE INTERSECTIONS OF TRUNK HIGHWAY 61, JAMAICA
AVENUE AND WEST POINT DOUGLAS ROAD IN THE CITY OF COTTAGE GROVE. MOTION
CARRIED 5-0.
D. Consider Approvinq a Resolution Approvinq a Comprehensive Plan Amendment to
Regular Meeting — February 15, 2006
Cottage Grove City Council
Page 11
Incorporate the 2006-2010 Capital Improvements Plan (CIP).
Finance and Administrative Services Director Hedberg provided Council with a brief overview of the
Comprehensive Plan amendment to incorporate the 2006-2010 Capital Improvements Plan. He
explained that the CIP is a planning document that helps to identify projects over a five-year period.
He stated that projects include public facilities; public buildings and infrastructures; utilities; and
playgrounds. He reviewed the overall costs for the next five years noting that as they get closer the
numbers could change. He reviewed the Annual Debt Service Levy and Debt Service Costs noting
that the goal is to maintain a consistent level of funding as they move into the future.
Council Member Grossklaus asked why the Public Works Commission wants to accelerate certain
projects. City Engineer Levitt explained that during the wash down the sediment is not being
captured, as it should be, which is why they have requested acceleration of certain projects.
Council Member Grossklaus asked if selling the fire station would have any affect on the project.
Public Works Supervisor Taylor assured Council that this is basically a housekeeping issue within the
Public Works Department. He explained that this issue was discussed at the January 9, 2006 Public
Works Commission meeting noting that they do see the need to control the runoff and add some
sedimentation manholes to catch sediment runoff. He assured Council that purchasing the fire station
would not impact this operation.
City Administrator Schroeder stated that Staff plans to closely review City facilities. He indicated
commentaries from Council have been received concerning the usage of the current fire station. He
assured Council that all concerns have been considered noting that potentially, there is no reason to
rush into anything specific if the intent is to consider other facilities. He stated that Staff also wants to
determine whether this option would be a long-term project and solution or a short-term fix.
Council Member Rice clarified his understanding that the MPDS is a five-year plan, that the City is in
the fourth year of that plan and that the City still has some time left before a decision has to be made.
He suggested pushing this out to next year. City Engineer Levitt confirmed stating that five years is
an ideal period to capture the necessary information noting that unknown future constraints could also
be included.
Council Member Bailey asked if this would come back with a budget next year. He stated that if the
City is going to require everyone to comply the City should be a good steward in the process. He
stated that he does not want to spend the money now only to find out that everything is going to
change and cost more. He stated that he would like to see a budget request come through for 2007.
MOTION BY RICE, SECOND BY BAILEY, TO ADOPT RESOLUTION NO. 06-037, RESOLUTION
APPROVING A COMPREHENSIVE PLAN AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN
2020 TO INCORPORATE THE CAPITAL IMPROVEMENTS PROGRAM (CIP). MOTION CARRIED
5-0.
RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS
NONE
Regular Meeting — February 15, 2006
Cottage Grove City Council
Page 12
COUNCIL COMMENTS AND REQUESTS
Council Member Bigham recognized AI Dubois for his six years of service on the Parks and
Recreation Commission. She recognized Kathy Klein for her service on the Human Rights
Commission.
Council Member Bigham stated that she is concerned about family businesses disappearing from the
neighborhoods. She suggested holding a workshop or having a general discussion around how the
Council would like to see family businesses developed.
Council Member Bailey stated that he would like an update on the planned joint meeting with the City
Council and the School Board.
City Administrator Schroeder stated that he has sent an email to the School Board noting that he is
having difficulty finding a mutual date. He stated that he would work out a schedule and update the
Council.
Mayor Shiely stated that Park Senior High School is hosting the Taste of South Washington on
Tuesday, February 21, 2006 from 4:00 p.m. to 8:00 p.m. She stated that it would include several area
restaurants and encouraged everyone to come out and join in the fun.
PAY BILLS
MOTION BY GROSSKLAUS, SECONDED BY RICE, TO APPROVE PAYMENT OF CHECK
NUMBERS 143702 THROUGH 143870 TOTALING $591,112.21 (CHECKS 143702 — 143728
TOTALING $174,664.16 ISSUED PRIOR TO COUNCIL APPROVAL.) MOTION CARRIED 5-0.
Mayor Shiely called a 5-minute break at 9:57 p.m.
Mayor Shiely called the meeting back to order at 10:05 p.m.
Present: Mayor Sandy Shiely
Council Member Myron Bailey
Council Member Karla Bigham
Council Member Mark Grossklaus
Council Member Pat Rice
Also Present: Ryan Schroeder, City Administrator
Ron Hedberg, Finance and Administrative Services Director
Howard Blin, Community Development Director
Jennifer Levitt, City Engineer
Michael Zurbey, Acting Public Safety Director
Les Burshten, Public Works Director
Corrine Thomson, City Attorney
WORKSHOP SESSION — OPEN
Regular Meeting — February 15, 2006
Cottage Grove City Council
Page 13
A. 800 MHz Communication
Captain Woolery provided Council with a brief history and overview of the 800 MHz service noting that
Nextel, cell phones and radio bandwidth, drove the project. He noted that digital technology and
computers are quicker and faster adding that Public safety agencies are getting too busy and tra�c
channels are full, the change is necessary. He stated that since September 11 radio
communication became the number 1 Homeland Security issue. He provided Council with an
overview of the Anti-terrorism bill and Minnesota's six-phase plan. He stated that direction has been
given and 800 megahertz is it. He explained that the service would provide firefighters with in-building
coverage, the same as an officer noting that consistency is necessary for all County systems. He
stated and that it would improve not only the large-scale events but also the day-to-day operations.
He stated that the service would improve safety for all emergency responders noting that the only way
to get it done, due to the expense, is to do this jointly. He explained that the City of Cottage Grove
has had their own dispatch center for over 30-years adding that now the City has new technology and
costs to face. He stated that the current system is 30-years old and they are having difficulties finding
the correct parts for maintenance and repairs.
Captain Woolery provided an overview of the 800-system noting that it is an efficient system that runs
three services on one channel, police, fire and EMS. He indicated that the City could keep their VHF
system noting that they would eventually have to change over to the new system. He stated that the
change is something that has to be done one way or another. He provided Council with an overview
of the costs for the new communication center, the budget impacts, and funding. He stated that
based on the projected growth patterns of the City, more dispatchers would be needed by 2008.
Mayor Shiely clarified that it is her understanding that the costs are what the County has already been
charging for several years. She explained that the County has been charging the City for the
Communications Center despite the fact that the City has their own. She noted that citizens have
been paying $67.23 a year while others pay $27.00. She asked if this has been explained.
Finance and Administrative Services Director Hedberg stated that this charge is included in the
property taxes as a blanket charge.
Captain Woolery stated that the conversion is happening throughout the seven-County metro area.
He stated that the functionality is great noting that what it all comes down to is what the citizens of
Cottage Grove gain and or lose with a consolidated system. He stated that if they decide to move
forward with the conversion they should make sure they have enough people to do the job while
managing the costs.
Acting Public Safety Director Zurbey stated that the proposal would include recommendations for
coverage and for the levels of service.
Mayor Shiely stated that she does not want to give up the Communications Center or the jobs as a
trade for a different level of service.
Council Member Bigham clarified that Cottage Grove officers use a paper system and asked how
much it would cost to covert to the new system.
Regular Meeting — February 15, 2006
Cottage Grove City Council
Page 14
Captain Woolery acknowledged that Cottage Grove has been an island of sorts noting that they are
currently separated from Dakota County and they do not communicate with Washington County. He
stated that they are currently making enhancements to the record system noting that it would cost
approximately $500 per car to install the new system.
Council Member Bailey referenced the service values noting that currently the City has the ability to
locally initiate the civil defense sirens and asked if this would change if they move to the County
system. He asked if the sirens would go off in Cottage Grove when something is happening in a
neighboring City. Captain Woolery stated that the sirens would still be governed by the weather
service but with the new system it would be managed by the County, but the City would have the
ability to make observations.
Council Member Bailey expressed concerns noting that the City would have to come up with
$200,000 in short timeframe and asked if this would be an improved service. Captain Woolery stated
that the system would be improved noting that it would definitely be a change in the way Cottage
Grove currently does business.
Council Member Grossklaus noted the costs and asked if it is necessary to involve the Public Works
Department. Acting Public Safety Director Zurbey stated that it is very necessary to include the Public
Works Department noting that they have had major disasters occur in the area where they have
worked hand in hand with the Public Works Department.
Council Member Grossklaus asked if all vehicles would require a unit. Captain Woolery stated that
certain areas would not have a unit noting that it would be based on need. He stated that all units
would have the ability to talk with State, County or City vehicles, and dispatch.
Council Member Bigham clarified that it is her understanding that resident 911 calls would go through
a random pool of dispatchers. She expressed concerns stating that it has been very helpful to have
dispatchers who are familiar with the area. Captain Woolery confirmed that the 911 calls would go
through a random pool of dispatchers and provided Council with scenario of how the process would
work with the new system. He acknowledged that it has been very helpful to have knowledgeable
dispatchers noting that the final responsibility to find a location is up to the officer, not the dispatcher.
Council Member Bigham asked Fire Chief Byerly if there are any concerns or impacts to the Fire
department. Fire Chief Byerly stated that some of the changes might not be good for them noting that
currently they have six squads at night adding that he is not sure if Washington County would be able
to dispatch. He stated that they would probably detail a firefighter to Station 2 to perform liaison
duties for major calls.
Mayor Shiely stated that the community truly values the Cottage Grove Communications Center and
the residents have said that they are willing to pay for having their own center. She knows that the
City will eventually have to change over to the 800 MHz service and asked if Staff has worked with the
County to determine if something could be worked out to maintain some form of the communications
center. She stated that she would not vote to eliminate the communications center if Staff has not
made every effort to negotiate with the County. She asked that they not use Dakota County as a
comparison noting that there are too many differences with respect to access and location.
Regular Meeting — February 15, 2006
Cottage Grove City Council
Page 15
City Administrator Schroeder stated that Staff has been hesitant to go too far down the road because
they have not had buy in from the Council. He stated that Staff is looking for direction from the
Council on this issue. He stated that it is Staff's belief that the numbers shown are compelling and the
interconnectivity is just as compelling. He assured Council that this could be an amazing resource
adding that the City should be and needs to be a part of it.
Council Member Rice agreed stating that discussions should be had with the County. He asked Staff
to investigate all options and update the Council.
Council Member Bailey agreed that whether this happens now or in the future, this is going to happen.
He stated that at some point in time there would probably be a need for a north and a south dispatch
center in addition to the Washington County dispatch and suggested discussing the possibilities of a
South Washington County dispatch center. Acting Public Safety Director Zurbey stated that they
could include this on the list noting that he is quite sure that the comments back would be with respect
to costs and funding.
B. K9 Proaram
Acting Pubic Safety Director Zurbey reviewed the cost factors and updated information with Council.
He stated that a decision should be made soon in order to be able to reserve a spot, at a reduced
rate, for the spring K9 class. He stated that they should also determine whether the City could afford
a K9 unit. He stated that the Crime Board has indicated that they would not mind managing the funds
for the program but they do not want to have to raise the funds. He stated that they do not want to
commit to the K9 program without funding or fundraising.
Council Member Bigham agreed that there is a need for a financing board noting that 3M has sent an
application with $5,000 to the Crime Board but they were reluctant to complete it until Council had
made a decision.
Council Member Rice stated that he does not want the fundraising to be the key to getting a K9 dog.
He stated that the City should determine whether they could afford it through the budget process and
then consider fundraising to help maintain the costs.
Acting Public Safety Director Zurbey confirmed that there would be ongoing expenses noting that they
could probably start the program with $10,000 if they were to use an old squad. He stated that they
could do some fundraising for an additional $10,000. He noted that in two years they would be back
to discuss a new squad.
Council Member Bigham stated that she is confident that the fundraising would be there for the
program noting that both 3M and Cogentrix have expressed a willingness to contribute to the K9
program.
City Administrator Schroeder stated that this position is a premium paid position in most Cities and the
Council should be aware that this position would be a part of the next contract negotiation. He stated
that Staff is looking for direction from Council noting that the department would like to provide notice
to the K9 Foundation that they are in for a 2007 K9 unit. He stated that they are looking for an answer
fairly soon.
Regular Meeting — February 15, 2006
Cottage Grove City Council
Page 16
WORKSHOP SESSION — CLOSED
NONE
ADJOURNMENT
MOTION BY BAILEY, SECONDED BY GROSSKLAUS, TO ADJOURN THE MEETING AT 11:30
P.M. MOTION CARRIED 5-0.
Respectfully submitted,
Bonita Sullivan
TimeSaver Off Site Secretarial, Inc.