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HomeMy WebLinkAbout2013-09-18 MINUTES COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting September 18, 2013 OPEN FORUM Mayor Myron Bailey opened Open Forum at 7:15 p.m. and stated that during Open Forum a person may address the City Council on subjects not a part of the regular meeting agenda, but must limit their remarks to three (3) minutes per person. The purpose of Open Forum is to give the public an opportunity to present information or to request action by the City Council. It may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Open Forum will adjourn to the regular meeting at 7:30 p.m. The following were present: Mayor Myron Bailey, Council Member Derrick Lehrke, Council Member Justin Olsen, Council Member Jen Peterson, and Council Member Dave Thiede. The following were absent: None. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Kori Land, City Attorney-LeVander, Gillen & Miller, PA; Jennifer Levitt, City Engineer; Craig Woolery, Public Safety Director; and Les Burshten, Public Works Director. Mayor Bailey opened Open Forum at 7:15 p.m., and asked if anyone in the audience wished to address the City Council on any topic not on the agenda. Linda Lehrke, 8186 Hemingway Avenue South, Cottage Grove, announced that a Touch of Homes fundraiser would be held at Crossroads Church on September 28 and 29. Mike Martin, 7807 Jocelyn Avenue South, Cottage Grove, stated that as a member of the Cottage Grove VFW he was in attendance to discuss the 10% gambling contribution that the VFW pays to the City. He asked if the City knew how many cities in the area impose a gambling contribution because he knows that the cities of Newport and St. Paul Park do not. He stated that their contribution for August was $802.00 which is in addition to the property taxes and utilities such as electric, lights, gas and other things that they pay. They did not make a profit especially when their road was shut down. He stated that they think that they deserve a relief and there are 350 members of the Post and Auxiliary who would appreciate it. William Tennis, 6693 Goodview Court South, Cottage Grove, stated that he attended the Public Works Commission meeting on September 16 and noted that even with the 37.5 percent CEC tax that they have to pay, he could guarantee that the Cottage Grove residents pay one of the lowest rates in the Twin City area and that he wants everyone to know that they are not getting ripped off. Mayor Bailey closed Open Forum to the Regular Meeting. CALL TO ORDER – Regular Meeting Cottage Grove City Council 2 September 18, 2013 Regular Meeting The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on September 18, 2013 at the Cottage Grove City Hall, 12800 Ravine Parkway, Cottage Grove. Mayor Bailey called the regular meeting to order at 7:30 p.m. PLEDGE OF ALLEGIANCE The audience, staff and the Mayor and Council Members pledged allegiance to the flag of the United States of America. ROLL CALL The following were present: Mayor Myron Bailey, Council Member Derrick Lehrke, Council Member Justin Olsen, Council Member Jen Peterson, and Council Member Dave Thiede. The following were absent: None. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Kori Land, City Attorney-LeVander, Gillen & Miller, PA; Jennifer Levitt, City Engineer; Craig Woolery, Public Safety Director; and Les Burshten, Public Works Director. Mayor Bailey presided over the meeting. 1. ADOPTION OF AGENDA MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 5-0. 2. PRESENTATIONS A. Cottage Grove CRIME Prevention Board Rick Poole and Julie Rice, members of the Cottage Grove Crime Prevention Board, presented a donation to the City Council in the amount of $19,362.63 for K-9 expenses. The City Council thanked the Board for their contribution to the Police Department. B. National Highway Traffic Safety Administration Grant The Council heard a presentation from Police Officer Foucault on the National Highway Traffic Safety Administration Grant called “Data Driven Approach to Crime and Traffic Safety”. He asked that the Council authorize the Department to apply for the grant requesting up to $50,000.00. There was discussion on predictive analytics as it relates to violent crimes and the Bair Analytics Software. Cottage Grove City Council 3 September 18, 2013 Regular Meeting Council Member Lehrke stated that his biggest concern is the license plate reader but he would support this today. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO AUTHORIZE THE APPLICATION FOR A DATA DRIVEN APPROACH TO CRIME AND TRAFFIC SAFETY GRANT FOR UP TO $50,000.00 THROUGH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, OFFICE OF TRAFFIC SAFETY, TO BE UTILIZED FOR THE PURCHASE AND IMPLEMENTATION OF BAIR ANALYTICS SOFTWARE, A LICENSE PLATE READER SYSTEM, 100 HOURS OF OVERTIME FOR TARGET SPECIFIC ENFORCEMENT AND TRAVEL AND TRAINING FOR THE REQUIRED NHTSA GRANT IMPLEMENTATION. MOTION CARRIED. 5-0. MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER OLSEN, TO ADOPT RESOLUTION NO. 2013-092, A RESOLUTION ACCEPTING A DONATION FROM THE COTTAGE GROVE CRIME PREVENTION BOARD IN THE AMOUNT OF $19,362.63. MOTION CARRIED. 5-0. 3. APPROVAL OF MINUTES - None 4. CONSENT CALENDAR MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: I. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MEETING OF JUNE 10, 2013. B. ADOPT RESOLUTION NO. 2013-093, A RESOLUTION ABATING SPECIAL ASSESSMENTS ON PARCEL 20.027.21.42.0003, OWNED BY THE UNITED STATES POSTAL SERVICE. ADOPT RESOLUTION NO. 2013-094, A RESOLUTION ABATING SPECIAL ASSESSMENTS ON PARCEL 20.027.21.42.0006, OWNED BY THE UNITED STATES POSTAL SERVICE. C. ADOPT RESOLUTION NO. 2013-095, A RESOLUTION ABATING SPECIAL ASSESSMENTS ON PARCEL 29.027.21.31.0003, OWNED BY THE STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES. D. AUTHORIZE ISSUANCE OF A SINGLE-OCCASION GAMBLING PERMIT TO TAYLORED TO YOU TO CONDUCT A RAFFLE AT THE MOMMY & ME VENDOR EXPO AT THE COTTAGE GROVE VFW ON SEPTEMBER 29, 2013. E. ADOPT RESOLUTION NO. 2013-096, A RESOLUTION ABATING SPECIAL ASSESSMENT INTEREST AND PENALTIES ON PARCEL 18.027.21.12.0063 LOCATED AT 8180 BELDEN BOULEVARD FOR LAND OWNED BY THE STATE OF MINNESOTA, DEPARTMENT OF MILITARY AFFAIRS. Cottage Grove City Council 4 September 18, 2013 Regular Meeting F. ADOPT RESOLUTION NO. 2013-097, A RESOLUTION AUTHORIZING THE EXECUTION OF MN/DOT AGREEMENT NO. 04427 TO ALLOW THE STATE TO ACCESS CITY RIGHT-OF-WAY PROPERTY TO INSTALL MISSISSIPPI RIVER TRAIL SIGNS AND FOR THE CITY TO MAINTAIN THESE SIGNS. G. PASS ORDINANCE NO. 918, AMENDING THE CITY’S SUBDIVISION ORDINANCE TO (1) ALLOW THE CITY ENGINEER TO PREPARE THE PLANS AND SPECIFICATIONS FOR ALL PUBLIC INFRASTRUCTURE; (2) REQUIRE THE DEVELOPER TO SUBMIT A CASH DEPOSIT WITH THE CITY IN THE MINIMUM AMOUNT OF 12 PERCENT OF THE 125 PERCENT ESTIMATED CONSTRUCTION COST FOR PUBLIC IMPROVEMENTS; (3) A 125 PERCENT FINANCIAL SURETY FOR THE TOTAL COST OF THE PUBLIC IMPROVEMENTS; AND (4) A 150 PERCENT FINANCIAL SECURITY FOR SITE GRADING, EROSION CONTROL, AND LANDSCAPING IMPROVEMENTS AS RECOMMENDED BY THE PLANNING COMMISSION. ADOPT RESOLUTION NO. 2013-098, A RESOLUTION AUTHORIZING THE PUBLICATION OF ORDINANCE NO. 918 BY TITLE AND SUMMARY. H. APPROVE AND AUTHORIZE EXECUTION OF A LETTER OF AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE EMERGENCY MEDICAL AMBULANCE SERVICE AND THE STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY, DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT FOR THE DEVELOPMENT, MANAGEMENT PREPAREDNESS, PLANNING AND SUSTAINMENT OF THE AMBULANCE SERVICE AT THE COTTAGE GROVE RECEPTION CENTER (MINNESOTA NATIONAL GUARD ARMORY, 8180 BELDEN BOULEVARD). I. ADOPT RESOLUTION NO. 2013-099, A RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING THE PREPARATION OF THE PROPOSED ASSESSMENT ROLL FOR THE REMOVAL OF NOXIOUS WEEDS AND PLANTS FROM PRIVATE PROPERTY. ADOPT RESOLUTION NO. 2013-100, A RESOLUTION CALLING FOR A HEARING FOR OCTOBER 16, 2013 ON THE PROPOSED ASSESSMENTS FOR THE REMOVAL OF NOXIOUS WEEDS AND PLANTS FROM PRIVATE PROPERTY. MOTION CARRIED. 5-0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES A. Receive Response Regarding Keeping a Ring-Tailed Lemur as a Pet Mayor Bailey stated that there is a Minnesota State Law that went into effect in 2005 stating that non-human primates are banned as of January 1 of that year. Public Safety Director Woolery stated that he would like an opportunity to look at our ordinance to ensure that it complies with State Statute. He stated that he advised Ms. Gleich that until there is some final ordinance amendment that the City would allow her to keep her Lemur at her residence. Cottage Grove City Council 5 September 18, 2013 Regular Meeting 6. PUBLIC HEARINGS – None. 7. BID AWARDS – None. 8. UNFINISHED AND NEW BUSINESS A.Consider Approving the Project Development Agreement with Ameresco as Noted in the Memorandum from City Administrator Schroeder Dated September 13, 2013 City Administrator Schroeder introduced Kent Wolf, representing Ameresco, who reviewed a power point presentation on municipal LED Street Lighting. He stated that he would like to gain authorization from the Council to approve the Project Development Agreement with Ameresco. City Administrator Schroeder stated that Ameresco has proposed a guaranteed performance contract that would provide them the opportunity to conduct further analysis of the opportunities and challenges in effecting energy savings from an LED conversion project. Further, they have proposed that if they can find sufficient savings to justify an infrastructure project that they would guarantee the savings and the assumptions included within the savings guarantee. As part of their scope of work, they would complete appropriate grant and rebate applications on the City’s behalf for project funding. Ameresco will consult Xcel for possible energy rate reductions for the remaining Xcel fixtures in Cottage Grove. City Administrator Schroeder stated that entering into this phase of the performance contract is at no cost to the City. However, if Ameresco identifies a viable self-funding project and the City chooses not to move forward on the proposed project, the City would be responsible to reimburse Ameresco for $12,500 of its engineering expenses. Under legislative authority, a guaranteed performance contract provides municipalities the option of financing energy-related projects for a maximum of 20 years. Council Member Thiede stated that he would not support the option of financing this project for 20 years. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE THE PROJECT DEVELOPMENT AGREEMENT WITH AMERESCO AS NOTED IN THE MEMORANDUM FROM CITY ADMINISTRATOR SCHROEDER DATED SEPTEMBER 13, 2013 INCLUDED IN THE AGENDA PACKET, WITH THE CAVEATE THAT AS MENTIONED AT THE COUNCIL TABLE BY MULTIPLE COUNCIL MEMBERS THAT IT WOULD BE THEIR PREFERENCE THAT WE TRY TO STAY WITHIN A 15-YEAR FINANCING WINDOW. MOTION CARRIED. Council Member Thiede noted that right now if we vote yes on this motion, we are risking $12,500 on something we may not go forward with. City Administrator Schroeder responded yes, just like any feasibility study on any construction project. Cottage Grove City Council 6 September 18, 2013 Regular Meeting Council Member Thiede stated that he is just not ready to say yes tonight. He was not ready to risk $12,500 for something that personally he thinks we could probably do over time ourselves and maybe even save more money in that 15-year time period. UPON VOTE BEING TAKEN, MOTION CARRIED. 4-1 WITH COUNCIL MEMBER THIEDE VOTING NAY. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS – None. 10. COUNCIL COMMENTS AND REQUESTS Council Member Olsen stated that September 19 is the City’s Public Works/Parks and Recreation Open House that will be held at the Public Works facility. September 23 is a Joint City Council/Commission tour of the Walmart construction site. Council Member Lehrke noted that October 1 is the beginning of the City’s parking ban and the Public Works Commission and Public Safety, Health, and Welfare Commission have agreed to an ordinance amendment that has not been passed by the City Council. He asked the Police Department not to enforce the law only during the month of October 2013. MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER OLSEN, TO DIRECT THE PUBLIC SAFETY DEPARTMENT NOT TO ENFORCE THE CITY’S CURRENT PARKING BAN UNTIL NOVEMBER 1, 2013. MOTION CARRIED. 5-0. Council Member Lehrke stated that on September 28 and 29 there would be a fundraiser for the 10-year anniversary of the Touch of Homes. Council Member Peterson stated that the next Red Rock Corridor meeting is September 26 and they are re-opening a survey for the public to weigh in on what they are interested in seeing; the next Fare for All event would be October 10; the Cottage Grove Fire Department’s open house is October 12; the next Beyond the Yellow Ribbon meeting is October 18; the Monster Bash is on October 25 and the Halloween Parade on October 26. Council Member Thiede stated that there is an event on September 21 called Touch a Truck for the Youth Service Bureau and Beyond the Yellow Ribbon campaign. He had Public Safety Director Woolery speak on behalf of the Youth Service Bureau. Mayor Bailey announced that there is a fundraiser at Wag Park on October 5; two bands would be playing at River Oaks Golf Course on October 18; a benefit will be sponsored by the Holiday Train Committee at the Hope Glen Farm on October 20; and there are a number of new businesses coming to town - Goodwill, M’s Tailor, and Tumble Fresh. 11. PAY BILLS MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE PAYMENT OF CHECK NUMBERS 182958 to 183129 IN THE AMOUNT OF $631,981.29 AND EFT PAYMENT OF $140,009.72. (CHECK NUMBERS 182958 – Cottage Grove City Council 7 September 18, 2013 Regular Meeting 182983 IN THE AMOUNT OF $150,633.57 AND EFT PAYMENT OF $13,607.65 WERE ISSUED PRIOR TO COUNCIL APPROVAL). MOTION CARRIED. 5-0. 12. WORKSHOP SESSION – OPEN TO PUBLIC – None. 13. WORKSHOP SESSION – CLOSED TO PUBLIC – None. ADJOURNMENT MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER LEHRKE, TO ADJOURN THE REGULAR MEETING AT INSERT 9:16 P.M. MOTION CARRIED. 5-0. Prepared by, Caron M. Stransky City Clerk