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HomeMy WebLinkAbout2003-02-05 MINUTES REGULAR MEETING COTTAGE GROVE CITY COUNCIL February 5, 2003 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 Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Absent: Council Member Cheryl Kohls Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Kim Lindquist, Community Development Director John Mickelson, Director Public Safety Nancy Hanzlik, City Engineer Les Burshten, Public Works Director Bob Vose, City Attorney Michelle Wolfe, Assistant City Administrator Caron Stransky, City Clerk Gary Kjellberg, 7389 Inman Avenue South, referenced the City website noting that City Council and Planning Commission meeting minutes are available on the site for citizens to review. He suggested that they add the minutes from the other City Advisory Commissions to the website. Mayor Shiely stated that they would consider his suggestion and get back to him with a response. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular th meeting on Wednesday, February 5, 2003, at the Cottage Grove City Hall, 7516 80 Street South Mayor Shiely called the meeting to order at 7:30 p.m. Boy Scout Troop #777 led the Council in the Pledge of Allegiance. A member of the Troop, Eugene Lucas, 8120 Hornell Avenue South, stated that he would like to see a movie theater in the City of Cottage Grove. He stated that a theater would give the teenagers something to do and it would be good for the City. Regular Meeting – February 5, 2003 Cottage Grove City Council Page 2 of 16 Mayor Shiely acknowledged the request stating that they have heard this question many times. She stated the City Council is working very hard and acknowledged the suggestion. ROLL CALL Present: Mayor Sandy Shiely Council Member Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Absent: Council Member Cheryl Kohls Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Kim Lindquist, Community Development Director John Mickelson, Director Public Safety Nancy Hanzlik, City Engineer Les Burshten, Public Works Director Bob Vose, City Attorney Michelle Wolfe, Assistant City Administrator Caron Stransky, City Clerk Mayor Shiely presided over the meeting. ADOPTION OF AGENDA Mayor Shiely stated that there is a change to the agenda. She stated that Item 4K, the Resolutions providing for the issuance of the 2003 Series General Obligation Bonds has been pulled from the Consent Agenda and placed as Item 7B, Bid Awards, for further discussion. MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED. 4-0. APPOINTMENTS AND PRESENTATIONS A. APPOINTMENTS - NONE B. PRESENTATIONS 1. Washington County Radio Systems Upgrade - Chief Deputy Steve Pott, Washington County Sheriff's Department. Chief Deputy Steve Pott of the Washington County Sheriff’s Department provided the Council with an update on the County Radio System. He highlighted the 800-megahertz system upgrade stating that within the next five to six years there is going to be a need for change in the County. The Washington County Board has tentatively allocated dollars in the 2007-2008 timeframe to Regular Meeting – February 5, 2003 Cottage Grove City Council Page 3 of 16 make the potential move to the new system. He noted that the State Highway Patrol recently switched over to the new 800-megahertz system. He explained that the State Highway Patrol has requested placement of the new control stations in the communication center to allow them to talk directly to the communication center. He stated that the console equipment in the communication center is older and that they were not able to interface with the equipment in the same fashion as other communication centers. He explained that in order to resolve the problem it would have to be a separate radio from the regular console. He further explained that they would not be able to patch calls to directly talk to the officers, as the radio does not run through the console. He stated that the goal of the 800-system is to enable everyone to talk to each other. The State Highway Patrol made the move before any of the Counties on the eastside of the metro area. Pott stated that the County is presently dedicated to the VHF technology, that it is meeting the needs of those being dispatched by them. He stated that they have met with the police and fire chiefs, and they agree that the system is meeting their needs. He reviewed the County Study noting that the overall cost to replace all of the radios would be approximately $12 million and that the annual maintenance of the system is expected to be approximately 10% of that cost. He stated that they have had several meetings to discuss funding. He stated that no decisions have been made as to how funding would be handled between the County and cities. Council Member Wolcott expressed concerns stating that it was his understanding that there are some dead spots in some areas of the County with the 800-megahertz system and asked for further clarification. Chief Deputy Pott acknowledged that this is true and explained that when the system was built for the metro area it was built with 95% coverage outdoors. He stated that this is a frustration for the State Patrol. Hennepin County and the Troopers in the west metro area are much happier with the new system because Hennepin County built a system that is countywide/in-building, portable radio coverage. He stated that the troopers also have the same coverage when they are in the west metro. He clarified that it is not the fault of technology or the system but the specifications it is built to. He stated that if Washington County builds the system it would be 95% portable radio coverage inside the building. He stated that this is the industry standard for local police and fire. Council Member Wolcott asked if Cottage Grove would continue to be their backup for 911. Deputy Chief Pott explained that the need for backup has gotten less significant in the last few years noting that the backup used right now is cellular. He stated that they have not used Cottage Grove for backup for a long while. Council Member Wolcott referenced the funding for the new radio system and asked if the County would bear the entire burden of cost or would they receive State funding. Deputy Chief Pott explained that the Metro Radio Board is currently offering up to 5% reimbursement of the infrastructure costs. He clarified that the exact dollars have not been identified stating that a detailed design needs to be completed first. He stated that approximately $8 million of the $12 million is for the infrastructure and that the other $4 million is for subscriber units. He stated that of the $8 million, the Metro Radio Board would potentially fund 25%. Council Member Wolcott stated that the City Council has always considered their communication center very important to the citizens and asked Deputy Chief Pott to explain the dispatch process Regular Meeting – February 5, 2003 Cottage Grove City Council Page 4 of 16 for daytime hours. Deputy Chief Pott reviewed the process stating that they do the entire 911 dispatch for the County. He stated that daytime dispatch covers the administrative type calls and code enforcement. Deputy Chief Pott referenced the detail design and funding stating that the Metro Radio Board would be funding the detailed design review for every County. He stated that he has formally requested the funding information from the Radio Board in writing. He explained that this would provide better detail on the actual costs per radio. He stated that within the next six months they should have better numbers for their review. Council Member Wolcott asked for clarification of the benefits for the 800-megahertz system versus the VHF. Deputy Chief Pott explained that he is not convinced that it is worth the dollars. He stated that it is expensive to maintain and is more complex. He stated that it does get down to capacity noting that there are more frequencies available than on VHF. Because several large agencies had to upgrade it has required them to abandon their VHF channels and will open the number of available channels through VHF for Cottage Grove. He stated that several of the cities and Counties are moving to the new system. Presently, it is primarily the West Metro area. Council Member Wolcott asked if the MDC's have assisted with the increase of traffic. Deputy Chief Pott stated that they have helped with some of the traffic. He stated that he discussed this issue with Chief Mickelson before the meeting, stating that Cottage Grove probably has experienced more of the shift of traffic from the voice to the data. He stated that Countywide it did not decrease their traffic. Council Member Wolcott noted that this would be a big budget issue. He stated that the equipment is still in good working order adding that they do have good coverage with the number of towers they have in the area. Deputy Chief Pott stated that they do have the ability to work with the older equipment adding that the radio system is not in disrepair or in need of a huge overhaul at this time. 2. Swearing in Ceremony – Police Officer Terrence Raymond. Mayor Shiely stated that Terrance Raymond has been appointed to the position of Police Officer for the City of Cottage Grove. She asked the Council to come forward for the swearing in ceremony. City Administrator Schroeder reviewed his background with Council stating that he was a graphics designer for seven years before joining the police department. He administered the oath to Police Officer Raymond. Dennis Raymond presented and pinned his son, Police Officer Terrence Raymond with his badge. Public Safety Director Mickelson congratulated Police Officer Raymond and welcomed him to the City of Cottage Grove. 3. Swearing in Ceremony - Fire Captain Brian Bigham. Regular Meeting – February 5, 2003 Cottage Grove City Council Page 5 of 16 City Administrator Schroeder reviewed his background with Council. He administered the oath to Fire Captain Brian Bigham. His father presented and pinned his son, Fire Captain Bigham with his badge. Public Safety Director Mickelson congratulated Fire Captain Bigham and welcomed him to the City of Cottage Grove. Regular Meeting – February 5, 2003 Cottage Grove City Council Page 6 of 16 4. Swearing in Ceremony - Deputy Fire Chief Rick Redenius. City Administrator Schroeder reviewed his background with Council. He administered the oath to Deputy Fire Chief Rick Redenius. Chris Redenius presented and pinned her husband, Deputy Fire Chief Redenius with his badge. Public Safety Director Mickelson congratulated Deputy Fire Chief Redenius and welcomed him to the City of Cottage Grove. 5. Retirement Plaque Presentation - Ron Wasilk. City Administrator Schroeder stated that the Cottage Grove Fire Department would sorely miss Ron after 28 years of service with the department. He stated that he has been a valuable member of the department and provided the Council with an overview of his accomplishments. Mayor Shiely stated that it has been a true pleasure working with Mr. Wasilk and thanked him for his dedicated years of service to the City of Cottage Grove. She stated that the City of Cottage Grove would be losing a very valuable member of the department. 6. League of Minnesota Cities Insurance Trust Dividend Presentation Caron Stransky, City Clerk provided the Council with an overview and presentation of the League of Minnesota Cities Insurance Trust Dividend. She explained that the City has been a member of the League of Minnesota Cities Insurance Trust for the last twenty years. She further explained that the League is a non-profit, self-insurance pool specifically setup to assist cities in obtaining their risk management and insurance needs. She stated that the City is currently insured through them for their property and casualty, and workers compensation program. She stated that each year the League reviews the premiums for any surplus that are available and not needed for future losses, expenses, or reserves. She stated that these funds are refunded to member Cities. She stated that due to Cottage Grove's successful efforts to control and reduce losses the League was able to return paid premium dollars to the City. She reviewed the average losses over the past three years with the Council stating the City averaged a loss of $33,000 per year, which was the reason for the refund to the City. She stated that the City of Cottage Grove received a $42,058.00 refund. Regular Meeting – February 5, 2003 Cottage Grove City Council Page 7 of 16 7. Power Outages in Cottage Grove - Collette Jurek and Steve Koski, Xcel Energy. Collette Jurek, Xcel Energy, Community Relations Manager for Southeast Metro area, provided th the Council with an update on the electrical outages along 80 Street South. She stated that she had attended a recent Council meeting to discuss the issues regarding the electrical outages th along 80 Street on feeder number 74. She stated that they tested the cable in December and early January and that they found one splice that requires replacement. She stated that the splice is located on the south side of 80th Street west of Jamaica Avenue South and that it will be repaired by May 1, 2003. She stated that they are re-evaluating the load feeders and considering an upgrade to add additional feeder line in 2004. City Administrator Schroeder provided the Council with a brief update of the Thompson Grove reconstruction project. He explained that they are in the middle of a reconstruction project in this area and expect to complete the last half of the housing portion in 2003. He further explained a large part of what the City deals with is working with entities such as Xcel in replacing and modifying infrastructure that exists during construction projects like Thompson Grove. He stated that they are also having ongoing discussions with Xcel regarding the gas service in the area and how they would respond to their identified needs. Ms. Jurek stated that they met with the Public Works Department, Danner Construction, and Bonestroo to review the project. She stated that they received information that there is more extensive work occurring along Grenadier and Hadley Avenue than what was previously anticipated. She stated that Bonestroo delivered the final set of plans to their office on Tuesday, February 4 and she has asked their engineering department to re-evaluate the plans. She stated that during the discussions there was concern expressed regarding their long-side services in that area. She stated that presently they have 280 long-side services and she has asked the engineering department to review. She stated that she hopes to have a decision by the middle of next week when she meets with Public Works. She stated that time is essential and they want to be sure they receive a timely answer. Council Member Wolcott stated that it is very important to the City that this receives favorable consideration and thanked them for their attention to the issues. APPROVAL OF MINUTES A. November 26, 2002 Special Meeting. Mayor Shiely stated that the minutes stand approved as presented. B. January 15, 2003 Regular Meeting. Mayor Shiely stated that the minutes stand approved as presented. CONSENT CALENDAR Regular Meeting – February 5, 2003 Cottage Grove City Council Page 8 of 16 Council Member Grossklaus requested that Item 4Aii be pulled for discussion. He expressed concerns regarding Council representation noting the time change for the Human Services/Rights Commission meetings. He noted that the meeting time has been changed to 12:00 p.m., stating that this could make it difficult for anyone other than City Staff to attend. Mayor Shiely expressed her agreement stating that it does not encourage citizen involvement. City Administrator Schroeder stated that during the months in question, the Commission was having difficulty with attaining a quorum at the regular meeting time. He stated that they could discuss the concerns with the Chair of the Commission and get back to the Council with their response and possible alternatives. MOTION BY WOLCOTT, SECONDED BY RICE, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MEETING MINUTES: i. PUBLIC SAFETY, HEALTH, AND WELFARE COMMISSION OF DECEMBER 10, 2002. ii. HUMAN SERVICES COMMISSION'S MEETINGS FOR 2002. iii. PUBLIC WORKS COMMISSION OF DECEMBER 9, 2002. B. AUTHORIZE ISSUANCE OF A SECOND HAND GOODS DEALER LICENSE TO SELVIG JEWELERS, INC., 7145 EAST POINT DOUGLAS ROAD FOR THE PERIOD OF FEBRUARY 5, 2003 THROUGH DECEMBER 31, 2003. C. APPROVE THE PARK EVENT/TOURNAMENT FACILITY RESERVATION FEE. D. AUTHORIZE ISSUANCE OF A MULTIPLE ANIMAL LICENSE TO JOY SIMONDS, 8867 HALLMARK AVENUE. E. AUTHORIZE ISSUANCE OF A MULTIPLE ANIMAL LICENSE TO FRANK AND MARIE CRUZ, 8556 KEATS AVENUE SOUTH. F. AUTHORIZE ISSUANCE OF MULTIPLE ANIMAL LICENSE TO EARL AND CECILIA ST WOLFORD, 8601-71 STREET COURT SOUTH. G. AUTHORIZE ISSUANCE OF A MULTIPLE ANIMAL LICENSE TO STEVE AND SHERI RUNTSCH, 8748 IDEN AVENUE SOUTH. H. APPROVE THE TRANSFER OF $9,000.00 FROM THE GAMBLING CONTRIBUTION FUND TO THE CELEBRATION FUND FOR THE 2003 FESTIVAL. I. APPOINT ROD HALE TO THE PLANNING COMMISSION TO FULFILL AN UNEXPIRED TERM ENDING FEBRUARY 28, 2004 AND APPOINT KEN BRITTAIN TO THE PLANNING COMMISSION TO FULFILL AN UNEXPIRED TERM ENDING FEBRUARY 28, 2005. Regular Meeting – February 5, 2003 Cottage Grove City Council Page 9 of 16 J. PASS ORDINANCE NO. 727, AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE WELFARE OF CITY RESIDENTS; REGULATING AND RESTRICTING CERTAIN SIGNS. K. MOVED TO ITEM 7B FOR FURTHER DISCUSSION. L. RATIFY THE 2003 EDA OFFICER APPOINTMENTS AS FOLLOWS: JIM WOLCOTT AS PRESIDENT; SANDY SHIELY AS VICE PRESIDENT, AND GERALD WEINGARTNER AS SECRETARY/TREASURER. M. ACCEPT THE FACTUAL HISTORY OF THE COTTAGE GROVE FIRE RELIEF ASSOCIATION. N. RATIFY THE EDA'S APPROVAL OF A PURCHASE AGREEMENT WITH WAG FARMS. O. APPROVE THE CITY ENTERING INTO A RENEWAL CONTRACT WITH ADMINISTRATION RESOURCES CORPORATION (ARC). P. APPROVE THE CITY ENTERING INTO A RENEWAL CONTRACT WITH HEALTHPARTNERS INSURANCE. Q. APPROVE THE DEVELOPMENT AGREEMENT WITH SSP PROPERTIES, LLC. R. APPROVE APPRAISALS FOR GATEWAY NORTH DEVELOPMENT DISTRICT PROPERTIES AND AUTHORIZE DEPOSITS FOR APPRAISALS, SUBJECT TO EDA APPROVAL. S. RATIFY 2003 CITY COUNCIL GOALS. T. RECEIVE LETTER FROM MAYOR SANDY SHIELY AND EDA PRESIDENT JIM WOLCOTT TO STATE DEPARTMENT OF FINANCE COMMISSIONER DAN MCELROY DATED FEBRUARY 28, 2003. U. AUTHORIZE STAFF TO SEND CORRESPONDENCE TO GOVERNOR TIM PAWLENTY ADDRESSING CONTINUED FUNDING FOR EXPRESS BUS SERVICE FROM COTTAGE GROVE TO MINNEAPOLIS. V. RECEIVE STATE AUDITOR'S REPORT ON FINANCIAL COMPARISONS. MOTION CARRIED 4-0. Mayor Shiely stated that if anyone is present for issues on the Consent Calendar all have been passed. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES - NONE Regular Meeting – February 5, 2003 Cottage Grove City Council Page 10 of 16 PUBLIC HEARINGS - NONE BID AWARDS A. Consider Awarding Tree Trimming Bid to Blue Chip Tree Service. MOTION BY WOLCOTT, SECONDED BY RICE, TO AWARD THE TREE TRIMMING BID TO BLUE CHIP TREE SERVICE TO TRIM 1,330 CITY TREES IN 2003 FOR $18,354.00. MOTION CARRIED 4-0. B. Consider Adopting Resolutions providing for issuance of Series 2003A Bonds Steve Apfelbacher of Ehlers & Associates presented the bids received for the 2003 Series General Obligation Improvement Bonds. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 03-021 ACCEPTING PROPOSAL OF U.S. BANKCORP PIPER JAFFRAY ON SALE OF $3,640,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003A, PROVIDING FOR THEIR ISSUANCE AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS. MOTION CARRIED 4-0. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 03-022 ACCEPTING PROPOSAL OF LEGG MASON WOOD WALKER, INC., ON SALE OF $4,065,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003A, PROVIDING FOR THEIR ISSUANCE, PLEDGING FOR THE SECURITY THEREOFF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF. MOTION CARRIED 4-0. UNFINISHED AND NEW BUSINESS A. Receive Information from Neighborhood Meeting Regarding Possible Expansion of the MUSA within the West Draw Area and Consider Ordering the Preparation of Plans and Specifications for the Installation of a Sanitary Sewer Pipeline in the Hardwood Corridor. Community Development Director Kim Lindquist reviewed the discussion from the workshop held in October 2002. She stated that they held a neighborhood meeting in January to solicit interest of the neighborhood with respect to utilities. She stated that in general, the property owners thth south of 65 Street are more interested than north of 65 Street. She stated that the exception would be in the Harkness area noting that most were not interested in utilities similar to what would have happened in the West Draw neighborhood in 1996. She stated that she spoke with two property owners since the meeting who noted that their concerns are due to the fact that the lots are smaller creating an all or nothing situation. She stated that the whole issue raises policies issues with respect to how much development could be allowed in the West Draw areas and what styles would be appropriate on those properties if the Council chose to bring the area into the MUSA. Regular Meeting – February 5, 2003 Cottage Grove City Council Page 11 of 16 Lindquist stated another reason this is coming up is that there is an opportunity to rectify a problem with the sanitary sewer capacity by placing a parallel pipe in the Hardwood Corridor area. She stated that now is the best time to do it while the road is being constructed. She stated that it could be done later but it would be more costly because of the other improvements that would be in the corridor. She stated that it would be implied that if Council chooses to authorize the plans and specifications that the Council is interested in bringing in these areas. She stated that they have issued letters similar to the Council memo to all residents notifying them of the meeting. She stated that they also told them there would be several meetings noting that they want to begin working on the pipe. She stated that if Council decides to proceed with the utility work that they would proceed with the larger areas. She stated that they are reviewing the possibility of changes to the zoning and regulations for the area. She stated that they would continue to work on these issues with the residents and would provide the Council with updates. Council Member Wolcott clarified his understanding that it was decided in previous conversations that they had decided that they would not do anything further in the West Draw area without the input of the residents that they want sewer capacity. He clarified that Hardwood is projected to be constructed in 2003 noting that if anything is to be done it needs to be done soon. He asked if it would be cost effective to install the parallel pipe stating that the pipe should be paid for by the property being benefited by the pipe. He stated that the citizens of Cottage Grove should not have to pay any money to provide sewer for this area as it was paid for in a previous project. He stated that there were several discussions regarding this issue noting that some residents wanted sewer and others wanted to remain rural. He stated that in previous discussions it was identified that there was a capacity issue and asked if the capacity would need to be increased in another part of the City to provide service. Community Development Director Lindquist stated that they reviewed the capacity in two different ways. She explained that they did some flow metering last summer and found that under the flows metered there were no restriction problems if they continue to use the flows experienced. She stated those are significantly less than the design parameters the Met Council wants the City to use. She explained that they could get rid of the restriction in the Hardwood Corridor, which has some problems in the West Draw, that would allow some development in the West Draw, but limit the amount of development to the point that it would not require the changes farther down in the area. She stated that the flows are coming in quite well. Council Member Wolcott stated that if the flows were coming in well would they need the additional pipe. Lindquist stated that based on the flows they would have to say yes. She reviewed the number of units in the projection noting that there are some changes with the land uses. She reviewed the costs with Council stating that they do not expect it to be cost prohibitive. Council Member Wolcott stated that if they brought more land in at their request that they would have to pay as much as the current property owners. He clarified that they would be doing a feasibility study in addition to the plans and specifications. He stated that this is not something they can wait six months to do. Community Development Director Lindquist stated that they would do a feasibility study and the plans and specifications would follow. Regular Meeting – February 5, 2003 Cottage Grove City Council Page 12 of 16 Mayor Shiely asked if the West Draw were built out fully, based on its' current zoning and density and not allow anyone else into the area would there be enough to support the area. Community Development Director Lindquist stated that they are comfortable that the existing system would be enough to serve everyone that is in the MUSA. Council Member Wolcott noted that they are discussing the approval for the preparation of the plans and specifications stating that nothing has been included to address the feasibility study. He asked if the feasibility study would be part of the plans and specifications. He stated that this is driven by the landowners not the City. He added that he would like to see the cost figures and capacity issues before they move forward. He clarified that they would need to review the feasibility study and approve the plans and specs before they could go out for bid. Community Development Director Lindquist stated that the feasibility study would need to be added to the verbiage within the resolution. She confirmed that they would need to review the feasibility study and approve plans and specs before they could go out for bids. Council Member Wolcott asked if Point #1 or the 'be it resolved' provision already contemplates the feasibility report. Community Development Director Lindquist stated that they would modify the resolution to reflect the feasibility study. MOTION BY RICE, SECONDED BY WOLCOTT, TO ADOPT RESOLUTION NO. 03-023 ORDERING IMPROVEMENT, PREPARATION OF A FEASIBILITY STUDY AND PREPARATION OF PLANS AND SPECIFICATIONS FOR INSTALLATION OF A SANITARY SEWER PIPELINE IN THE HARDWOOD CORRIDOR. MOTION CARRIED 4-0. B. Consider Request to Abate Levied Special Assessment in the Amount of $2,370,00.00 and the Interest Due for 2003 for the Property Located at 8082 Grafton Avenue, PID #18- 027-21-21-0073. Finance Director Hedberg stated that this request was brought forward by a property owner that was included in last fall’s assessment roll for the Thompson Grove Pavement Management Project. He reviewed the approval process for the assessment roll stating that the property owner, Bob Kohler, had a problem with his driveway apron and that he requested replacement in 2003. Hedberg stated that it was determined that it would be replaced. Because it was not done last fall, the homeowner is asking that the interest for the 2003 installment be waived. He stated that the resident had received a letter from Public Works notifying him that it would be replaced. Hedberg recommended that the request not be approved and let the assessment roll stand as adopted. Council Member Wolcott asked Public Works Director Burshten to explain the problems with the driveway apron. Public Works Director Burshten explained there were structural problems noting that it was a contractor error and would need to be replaced by the contractor. MOTION BY SHIELY, SECONDED BY GROSSKLAUS, TO DENY THE REQUEST TO ABATE THE ASSESSMENT FOR THE PROPERTY LOCATED AT 8082 GRAFTON AVENUE, PID #18- 027-21-21-0073. MOTION CARRIED 4-0. Regular Meeting – February 5, 2003 Cottage Grove City Council Page 13 of 16 C. Consider a Request to Allow Public Safety, Health, and Welfare Commission Chairperson Mark Leier to serve on the Commission beyond the Term Limit. Caron Stransky, City Clerk stated that at their January 14, 2003 meeting, the Public Safety, Health and Welfare Commission received a letter from Commissioner Gengnagel requesting that Council consider extending the term of Chairperson Mark Leier for one additional year beginning March 1, 2003. She reviewed Mr. Gengnagel's reasons for his request. She explained that Mr. Leier is serving his fifth year of a six-year term. She stated that the Commission discussed Mr. Gengnagel's request and recommends to City Council that they extend Mr. Leier's term as a member for one more year. She reviewed various options available with Council noting that if the Council decides not to extend Mr. Leier's term it would create a vacancy. She stated that they currently have six applications on file for potential candidates that Council could consider for appointment. She stated that the second option would be to approve the request and allow Mr. Leier to serve the additional one-year term. She reviewed the advantages to extending and to deny the extension. She referenced a survey she did with several communities and explained that the purpose was to determine how other communities handle their term limits for Commissions and Committees. She provided the Council with an overview of the results stating that Staff is recommending that there be no change in the current term limits and that the request be denied. Council Member Wolcott referenced the number of terms expiring next year and asked for further clarification. He asked if all members are at the maximum or are some up for renewal. Ms. Stransky clarified that it includes all seats and that it is a combination. Mayor Shiely stated that the report was very helpful adding that she really appreciated the information received from other cities. She noted that in the report the people who are not eligible for reappointment have served six full years. She stated that Mr. Leier has only served 5 years and 3 months, which makes the situation different. She explained her understanding of the issues and suggested that they amend the ordinance to state that filling an unexpired term, regardless of the length, would not count against the consecutive appointed terms. She expressed concerns regarding the work that has not been completed. She stated that it was her understanding that the Public Safety Commission has been looking into other areas and cities and reviewing how they enforce nuisance ordinances. She noted that this issue is a concern of the Council’s adding that it is a concern of hers that the Police Captain of was not aware of this. She acknowledged that this issue had nothing to do with the current discussion adding that it was a good time to express her concerns. She stated that with the discussion around improving communication between the Commission and the Public Safety Department that this situation does not provide a very good example of good communication. Mr. Gengnagel thanked the Council for their consideration. He stated that he asked Mark Rudek of the Commission to initiate a motion to the Council to request that Mr. Leier continue as a member and the Chair. He explained that his note was a vote to Mr. Rudek's motion and was given to Mr. Rudek according to Roberts Rules for absentia. He stated that the duration of his tenure was not set at the time of the initial discussion. He referenced a letter dated July 12, 2002 from Mark Leier that outlines several projects that he had requested the Commissioners to work Regular Meeting – February 5, 2003 Cottage Grove City Council Page 14 of 16 on stating that it would set continuity if his term were extended. He stated that it takes a year as a Chairperson to become effective and proficient in working with the members of the Commission. Council Member Rice asked Mr. Gengnagel to clarify what his understanding is of the nuisance ordinance study and where did it begin. Mr. Gengnagel stated that it was his understanding that it was brought to Mr. Leier by the Mayor. Mayor Shiely agreed that they did discuss the study and clarified that when it had been brought to her, it was something that had already been initiated and that all members of the Public Safety Commission were involved. Mr. Gengnagel stated that he had not heard anything about the study until recently adding that Mr. Leier did tell him it would be before the entire Commission for study and recommendation to Council. Mayor Shiely reiterated that when it was brought to her it was her understanding that this had been in progress for a long time. Mr. Gengnagel stated that this certainly shows a gap in the communications. Mayor Shiely stated that the Council is very appreciative of any citizen that wants to be involved. She stated that what the Council needs most from the Public Safety Commission is for them to review and consider items well before they come before the Council. She clarified that the Council would like to receive their feedback and recommendations on issues before they have to make any decisions. She stated that the Council relies on the Public Safety Commission for their assistance and feedback and expressed concerns regarding the gap in communication. She suggested that they work as a group to better their communication with the Council. She stated that she does not mean to single out Public Safety adding that they need to improve the communication between the Council and the various Commissions. Council Member Wolcott agreed with Mayor Shiely stating that everyone on the Council values the input from the various Commissions. He stated that they appreciate their time and effort giving input noting that the Council always listens. He clarified that they may not always agree adding that they always listen. He stated that they are very pleased to have the citizens who serve noting that they have many outstanding individuals who serve. He explained that there is always an opportunity that once you complete a term on one commission that they can move to another. He stated that they understand that some individuals prefer to stay with their interests and continue to work with the group noting that Council wants to create opportunities for other individuals that could provide new blood. He stated that he understands that as a Commission they approved, unanimously, to extend Mr. Leier's term adding that he is comfortable with their decision. Council Member Grossklaus stated that his concern comes with the other commissions and the other people they have in the same position. He asked if they are creating more work for staff with respect to tracking terms. He stated that other commissions would be affected by this decision and expressed concerns that they are setting a precedent. Mayor Shiely clarified her understanding that if they did away with the counting and the appointment to fulfill regardless of the length of the time towards the term limit would solve that situation. Regular Meeting – February 5, 2003 Cottage Grove City Council Page 15 of 16 Council Member Rice clarified that this would run them into seven more years and asked if this would be fair. He stated that he is opposed to extending Mr. Leier's term. He stated that he has done a fine job adding that they have several others interested in the position. He agreed with Council Member Grossklaus that they are setting a precedent noting that if they have another in the same situation they will have this problem again. He stated that they should make a decision and amend the Code based on the decision. Mayor Shiely expressed her agreement stating that they need to have some kind of rationale. She explained that when they extended the Planning Commission it was during the development of the Comprehensive Plan and that it would cause a major turnover during that time. She stated that in considering Mr. Leier she had considered this same rationale and reviewed his involvement with the Public Safety Commission. She stated that at that time she thought he was still involved with the Nuisance Ordinance Study. She stated that she is concerned about the fact that a willing citizen is only able to serve five years when others are able to serve six. Council Member Wolcott stated that the easiest way to solve this is that when you are appointed to a commission the time begins six years from the date of that appointment. He stated that this could be difficult to track but it would solve the staffing issues. Council Member Rice agreed that this is something that should be considered. Ms. Stransky stated that Council Member Wolcott's suggestion would be a nightmare to track adding that it could be done. City Administrator Schroeder expressed concerns stating that if the actual language were changed to read that the length of term would be six years from the date of appointment that it would be longer than a Council term. He reviewed his concerns stating that Staff could review the option further. MOTION BY WOLCOTT, SECONDED BY SHIELY, TO EXTEND THE TERM FOR MARK LEIER AS CHAIRPERSON FOR THE PUBLIC SAFETY, HEALTH, AND WELFARE COMMISSION FOR ONE YEAR. MOTION FAILED. 2-2. (2 NAYS - RICE AND GROSSKLAUS) RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS - NONE COUNCIL COMMENTS AND REQUESTS Mayor Shiely stated that she would like to commend the employees of the Cottage Grove Recreation Department, Jason, Linnea, and Molly. She reviewed the activities they provide and acknowledged the wonderful work they are doing with the children. She stated that they now have royalty living amongst them noting that the true King of the St. Paul Winter Carnival, Vulcan’s-Rex, is a resident of the City of Cottage Grove, Mr. Jim Eggert, in addition to two members of his Vulcan crew, Tony Labacco and Lou Voccal. PAY BILLS MOTION BY RICE, SECONDED BY GROSSKLAUS, TO APPROVE PAYMENT OF CHECK NUMBERS 127559 TO 127813 TOTALING $306,827.83. (CHECKS 127559-127609 TOTALING $70,327.01 ISSUED BEFORE COUNCIL APPROVAL.) MOTION CARRIED 5-0. Regular Meeting – February 5, 2003 Cottage Grove City Council Page 16 of 16 WORKSHOP SESSION – OPEN NONE WORKSHOP SESSION – CLOSED NONE ADJOURNMENT MOTION BY RICE, SECONDED BY GROSSKLAUS, TO ADJOURN THE MEETING AT 9:25 P.M. MOTION CARRIED 4-0. Respectfully submitted, Bonita Sullivan TimeSaver Off Site Secretarial, Inc.