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HomeMy WebLinkAbout2-01-2023 City Council Meeting (Minutes)(MaCottage Grove here Pride and?rOsperity Meet MINUTES COTTAGE GROVE CITY COUNCIL COUNCIL CHAMBER 12800 RAVINE PARKWAY SOUTH REGULAR MEETING - 7:00 P.M COUNCIL CHAMBER CALL TO ORDER February 1, 2023 The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on February 1, 2023, at Cottage Grove City Hall, 12800 Ravine Parkway. Mayor Bailey called the meeting to order at 7.00 p.m. 2. PLEDGE OF ALLEGIANCE The audience, staff, and City Council Members stood and recited the Pledge of Allegiance. 3. ROLL CALL City Clerk Tammy Anderson called the roll: Mayor Bailey - Here; Council Member Dennis - Here; Council Member Khambata - Here; Council Member Olsen - Here; Council Member Thiede - Here. Also present: Jennifer Levitt, City Administrator; Korine Land, City Attorney-LeVander, Gillen & Miller, PA; Tammy Anderson, City Clerk; Ryan Burfeind, Public Works Director; Zac Dockter, Parks and Rec Director; Brenda Malinowski, Finance Director; Amanda Meyer, City Engineer; Mike Mrosla, Senior Planner; Deputy Director of Public Safety Greg Rinzel; Emily Schmitz, Senior Planner/Interim Community Development Director; Officer Dan Schoen, Community Engagement Officer. 4. OPEN FORUM Mayor Bailey opened the Open Forum. As no one wished to address the Council, Mayor Bailey closed the Open Forum. 5. ADOPTION OF AGENDA Council Member Dennis made a motion to adopt the agenda; second by Council Member Thiede. Motion carried: 5-0. 6. PRESENTATIONS CITY OF COTTAGE GROVE . 12800 Ravine Parkway . Cottage Grove, Minnesota 55016 www.cottagegrovemn.gov.651-458-2800. Fax 651-458-2897. Equal Opportunity Employer City Council Meeting Minutes February 1, 2023 Page 2 A. Public Safety Board Check Presentation Staff Recommendation: Accept a donation from Community Engagement Officer Dan Schoen introducing the Public Safety Board and then have the Board present the check. Mayor Bailey asked the Council Members and the Public Safety Board to join Community Engagement Officer Dan Schoen in front of the dais for the presentation. Officer Schoen gave the history of the Public Safety Board: In 1995, a group of individuals with the goal of a safer Cottage Grove came together with Public Safety officials and formed a nonprofit organization, now known as the Cottage Grove Public Safety Board. Their goal of doing their part to help their fellow community members remains constant. In 2022, the Council made an investment in our community by adding another police K9 to our staff; this investment takes great planning. The result of having a K9 team available can be the difference between life and death when it comes to tracking down lost children, vulnerable adults, or violent suspects that our society is seeing more often. The Public Safety Board is here tonight to donate a check of $10,000, specifically for the new K9. Officer Matt Sorgaard is our newest K9 handler, and he will likely receive his new K9 partner this weekend. The lead K9 trainer from Washington County will work with Sergeant Torning to discuss the K9's mannerisms and discuss how that dog will fit into our department and best serve our community needs. The Public Safety Board has financially supported all four K9s: 1) Officer Mike Vandervort & K9 Blitz; 2) Sergeant Nils Torning & K9 Gunnar (retiring by the end of 2023); 3) Officer Brandon Graff & K9 Scout; 4) Officer Sorgaard & our next, soon -to -be -named, K9. Officer Schoen thanked the Mayor and Council for their dedication to our K9 program. On behalf of the Cottage Grove Police Department, he thanked the Public Safety Board for their generous donation. Mayor Bailey thanked the Public Safety Board on behalf of the Cottage Grove City Council, City staff, and our citizens for the generous donation. Mayor Bailey thanked Sergeant Torning for working with Washington County on the new K9. Julie Rice, Principal Officer of the Cottage Grove Public Safety Board, stated they've supported the K9 program, but they can't do that without fundraising. LSP Electric is one of their biggest donors and we also try to host a golf tournament. On Sunday, February 19, they're having a Bunco tournament at the St. Paul Park Legion; the cost is $10, and all of that money will be going to the Public Safety Board. She invited everyone to attend, watch, and have some fun as you don't need experience to play. Mayor Bailey noted the Public Safety Board also helps pay for other things, like traffic speed signs; this is just one part of a bigger picture that they provide for our Public Safety Department. Mayor Bailey again thanked them, everyone applauded, and photos were taken. 7. CONSENT AGENDA A. Approve the January 4, 2023 City Council Regular Meeting minutes. City Council Meeting Minutes February 1, 2023 Page 3 B. Accept and place on file the minutes from the Planning Commission meeting on December 19, 2022. C. Approve Resolution 2023-014 adopting a 2023 Pay Plan and Benefits for employees not covered by a labor contract for the City of Cottage Grove. D. Approve the issuance of rental licenses to the properties listed in the attached table. E. Adopt Resolution 2023-020 accepting the donations from the 4th Quarter of 2022. F. Adopt Resolution 2023-017 authorizing that $29,344.50 is paid to Construction Results Corporation for the final payment for the 2020 Hamlet Park Expansion Project. G. Approve the Two -Year Agreement with Squeaky Cleaners and Painters for Janitorial Services for the City of Cottage Grove facilities. H. Approved the Delegated Contract Process Agreement with MnDOT and Adopt Resolution 2023-015 authorizing the Mayor and City Clerk to execute the Agreement. I. Authorize entering into an agreement with Aurora Strategic Advisors for federal and state lobbying services in 2023. J. Adopt Resolution 2023-019 approving the 2023 Mining Permit for Holcim - MWR, Inc. - Nelson Sand & Gravel Facility. K. Adopt Resolution 2023-021 approving a one-year extension of the Preliminary Plat and Planned Unit Development approves for McHattie Landing. L. Adopt Resolution 2023-016 approving the plans and specifications and establishing a March 2, 2023 bid date for the East Point Douglas Road and Jamaica Avenue Reconstruction and Signal Modifications Project. M. Approve the Cottage Grove 2023 Standard Specifications for Street & Utility Construction and 2023 Standard Detail Plates. Council Member Dennis wished to pull Item E, Accept Donations-4th Quarter 2022, for further comment and/or discussion. He stated as a Council, something we like to do every quarter is take a moment to recognize the generosity of our community, who helps to fund some amazing things in the City of Cottage Grove. It was his privilege to recognize the donors from October 1, 2022, through December 31, 2022: • Stantec Consulting Services, Inc. donated $2,100 for the Hometown Holiday Celebration. • The Cottage Grove Athletic Association donated $12,356.26 for Hamlet Park football/soccer field renovations and scoreboard power hook up. • The Cottage Grove Hockey Association donated $22,500 for the Glacial Valley Park rink boards and scoreboard, and $1,280.54 for the protective black netting at the Ice Arena. • Council Member Dennis ($687.50), Council Member Olsen ($687.50), and Council Member Khambata ($100) each made a donation toward a bench in memory of Mayor Bailey's father. • Celebration of Life donated $25 for a bench in memory of Mayor Bailey's father. City Council Meeting Minutes February 1, 2023 Page 4 Mayor Bailey ($650), Council Member Olsen ($650), Council Member Khambata ($100), and Karla Bigham ($100) each donated money for a bench in memory of Council Member Dennis' father. Council Member Dennis stated if people want to make a difference, we certainly will not refuse any donation; none is too big or too small, as every dollar makes a difference and helps to make Cottage Grove a better place. Motion by Council Member Thiede to approve the Consent Agenda; second by Council Member Olsen. Motion carried: 5-0. 8. APPROVE DISBURSEMENTS A. Approve payments for the period of 1-13-2023 through 1-26-2023 in the amount of $2,261,053.55. Motion by Council Member Dennis to approve disbursements; second by Council Member Khambata. Motion carried: 5-0. 9. PUBLIC HEARINGS A. 2023 Pavement Management - Hold Public Hearing, Order Project, Authorize Preparation of Plans and Specifications. Staff Recommendation: 1) Hold public hearing on the 2023 Pavement Management Project. 2) Adopt Resolution 2023-018 ordering the 2023 Pavement Management Project and authorizing preparation of plans and specifications. Ryan Burfeind, Public Works Director, presented the project, the specific project area, and the types of improvements they're proposing. He also stated he'd mention the proposed assessments. He noted there was a neighborhood meeting for this project on January 12 at City Hall, and 11 household members attended that meeting. The City has used a variety of methods over the years for pavement management or pavement rehab: Seal Coat/Crack Seal: Done annually on our roads to keep them in good working order; Mill & Overlay: The top 1.5-to-2" of pavement is removed and put back down; Pavement Replacement: Will be discussed tonight; Reconstruction: Total reconstruction, where the subgrade all the way on up is replaced; that's a much more intensive project. Pavement management is done to keep our roads in good, drivable, safe operating condition. It also maintains property values. Having good streets and good infrastructure in a neighborhood is beneficial to that neighborhood. Pavement Management History: Director Burfeind displayed a map of pavement management. He noted, starting in the 1990s, they've done this with many City neighborhoods. Roadways have a 25-to-30-year life cycle, so we have to work our way around the City in that life cycle and continue with it as the City continues to age. Project Area: 80th Street on the north, Hyde Avenue/83rd Street on the east, then City Council Meeting Minutes February 1, 2023 Page 5 everything north of Hillside Trail. Most of the pavement in this neighborhood was actually constructed in 1996, some in 1998, so now that pavement needs to be redone. The actual neighborhood was constructed in 1963 and 1966, about 60 years ago. That also makes the utilities 60 years old, which is reflected in the project as we have more utility work than might have been seen in past projects. Roadway Condition: The City does a PASER rating, on a scale of 1 to 10; all streets in this neighborhood are between 3 and 5, so are needing pavement replacement. It's not a total reconstruction project. Core Samples: Are done to ensure the pavement thickness is what we're expecting. We also look at any issues with the pavement, and much of this area has asphalt stripping; it starts at the top and works its way down, and the pavement section starts to dry out and peel off. Nine years ago, we did a thin overlay on each side because issues start on the edges of the roadway, and the thin overlay has seen its full useful life. We typically say no more than seven years, but we stretched a few more years out of it, and you can see that with all of the patching that we've done. Existing Conditions: The 80th Street frontage road has much failure around the manholes, which is pretty consistent throughout the neighborhood with a lot of patching. He displayed photos of many streets in that area. This neighborhood has been continuously patched over the last several years just to keep it in drivable condition. Utility Inspections: Stormwater and Sanitary Sewer: We inspected all the manhole structures and televised all the pipes. Overall, they're generally in good condition, so we won't need any full replacements, but a lot of maintenance is needed. Manholes need to be patched, rebuilt, and fully replaced as needed. Some wyes and pipe sections are cracked and will be repaired or replaced. There will be a lot of trenchless work where we actually put a liner in the pipe to fix the cracking that's occurred in the sanitary sewer. Watermain: Valve bolts and fittings will be inspected and fixed. We've had infrequent watermain breaks in this area. Proposed Improvements • Full pavement replacement • Spot curb replacement (approximately 15%) • Minor utility repairs: Pipe and structure lining; Hydrant reconditioning; Streetlight wire replacement; Structure replacement Estimated Assessments • 308 Assessable Residential Buildable Lot Equivalents (RBLE)/single family homes • Special Benefit Appraisal: Assessment per unit proposed is $5,800-$7,100 • Assessment per unit, per policy, is $4,965.80-1 that's 45% of all assessable costs of project divided by all 308 properties • Approximate annual payment over 15 years is $467.37 • One church in the area has a Special Benefit Appraisal of $21,900, but assessment per our policy is $43,733.08-1 the approximate annual payment over 15 years is $2,061.20 Total Project Cost: Sanitary Sewer Utility Water Utility: Stormwater Utility: General Levy: Streetlight Enterprise: Assessments: Funding Breakdown $4,135,164.72 $ 319,314.07 $ 225,743.48 $ 163,727.29 $1,768,512.33 $ 106,501.85 $1,551,365.70 Assessment Terms City Council Meeting Minutes February 1, 2023 Page 6 • May be paid within 30 days of adoption to avoid any interest charges • Assessment payable over 15 years • Interest Rate is 1.5% above the bond rate • Partial payment is allowed (minimum of $500) • Pending assessment is listed for the property once the project is ordered • Deferral is available (disability, military, 65 years of age or older), and proof is needed for deferrals; interest still accrues during deferral period Project Schedule Public Hearing: February 1, 2023 Construction Starts: Spring 2023 Construction Completed: September 2023 Assessment Hearing: October 2023 Director Burfeind stated the recommendations are before the Council, and he'll be happy to take any questions from the Council. Council Member Dennis thanked Director Burfeind for the thorough overview of this project. He volunteered as a citizen on the Pavement Management Task Force in 1994, and he and a number of other volunteers from the community worked with City staff and a consultant. We wanted to create a process that would allow us to effectively manage all of the miles of roadway, which meant making sure that we had a great driving surface that was safe and secure. It took into account that through our taxes the community had paid for that infrastructure, an asset to the community. We mapped out a process that would allow us to work different zones in the City based on location, date, and wear and tear on our roads, to protect that asset for the community; we could do it in sections and maintain the operation of paying for that. One photo Director Burfeind presented was of core samples; when we analyze an area, real science goes into this. We want to make sure with the core samples that we have proper adhesion between the bituminous material and the aggregate and sand, the pieces that come together to make a solid roadway system. When we pull out core samples, if the sample crumbles it indicates that the adhesion was lost, so that would be a total reconstruction. We live in a very difficult climate, heat in the summer, very cold in the winter. Water is City Council Meeting Minutes February 1, 2023 Page 7 the enemy of any roadway system; that's why it's always important for us to maintain good quality over our curb and gutter systems, to channel that water away so we're not getting degradation in the process. Every year, 55% of maintenance and operation costs relative to pavement is borne by the community as a whole. Every once in a while, the costs are paid by the area homeowners. In 2013, Mayor Bailey and I were assessed when our neighborhoods needed an upgrade and maintenance performed. He had an opportunity to serve on the pavement management task force so learned about alligator cracking, stripping, etc. He understands the challenges, as there's a cost factor involved. From time to time we have to take care of the process and make sure that we're maintaining the structure of our roads so that our community does not lose that investment over time. Council Member Dennis appreciated Director Burfeind's time and hopes the information he added was helpful for those watching, who wanted to learn about this process. Council Member Olsen thanked Director Burfeind for the information. It's encouraging to hear that we continue to place a strong emphasis on our roadway assets in Cottage Grove. Council Member Olsen stated the age of this roadway is approximately 27 years; he asked what Director Burfeind found to be the average useful life of the roadways in an area like this. Director Burfeind replied 25-to-30 years is really what we're looking for; if we can get 25 years out of it, we're pretty happy, though some have gone a few more years. Council Member Olsen asked if this is one of the neighborhoods where 27 years ago we addressed this same issue with MnDOT and their asphalt specs, where the asphalt was a little bit too dry. Director Burfeind replied yes, that goes back to asphalt stripping, and there's been a lot of research done on that. One of the outcomes of that research is that there were some changes made from the 1990s into the 2000s, not just in Cottage Grove but really statewide, where there was a little bit less oil in the mix, so the stripping asphalt issue appeared a little bit earlier. It's always difficult with asphalt because its an empirical thing, and there's a lot of testing; we don't always see what is happening until far down the road, which is where we are now. Council Member Olsen stated there have been challenges statewide; what people might not know about these projects is we have to adhere to MnDOT specifications relating to the product that we put down on the roadways. At that time, there was some conversation about how do we recycle some of the asphalt as opposed to just having everything be all brand new; that led to a number of communities across the state saying this roadway isn't lasting quite as long as we would like, so we probably did that thin overlay to make it last. He asked Director Burfeind to explain what he's been doing that changed the way we manage our asphalt with the Mill & Overlay projects, how that works, and how that results in increasing the useful life of a roadway. Director Burfeind stated we started Mill & Overlay two years ago, in the Timber Ridge neighborhood. It's a pavement preservation we're using at a very low cost. We've started doing about 4-to-6 miles of roadway per year, and our goal is to extend that full life to the 35-to-40 year mark. It's going to take a whole lifecycle of a roadway to see City Council Meeting Minutes February 1, 2023 Page 8 that benefit, but we want to think long term and make sure we're getting the best benefit for the City. Council Member Olsen stated we'll get this roadway back up to the condition it should be in 2023. At some point, it'll be eligible for the Mill & Overlay, which we do at no cost to the homeowner; there's no assessment, its all borne by the taxpayers in the City. So, with this roadway, 27 years into the future from when it was first done, we might see 40 years or so; he asked if that sounded about right. Director Burfeind replied the way we're planning this and operating it, going forward that's what we're hoping for these roads. Council Member Olsen stated he liked hearing that because assessments are tough on everybody. Assessments are also a legal process in the State of Minnesota and wanted to know how that process worked, with legal guidelines we have to follow. He asked City Attorney Korine Land to address that. Attorney Land stated this is one of the public hearings that we have to hold to order the project; this is really to determine whether or not the public wants you to do this road. One of the outcomes is that there's an assessment at the end, which is the second public hearing that we hold. If this passes tonight and Council orders the project, there will be another public hearing when the assessments are before the Council; the public will have an opportunity to tell you that they agree or don't agree with the assessments. Even if you adopt the assessments, there's an appeal process that residents can pursue; State Statute explains that they have 30 days from the date of the assessment to appeal it to the District Court. Their due process rights are fully preserved through this public hearing, through the next public hearing, and then with the District Court. Council Member Olsen stated the number that we see in front of us today is an estimate; it's not real, we haven't gone to bid. Once we get our bids back, then we'll have more accurate data to talk through with respect to the assessments. It's clear the roadway needs to be addressed, we spent some time visiting with the residents in this neighborhood, and it's very evident this needs to happen. He really likes the idea that this will be the last time we have to do this for hopefully 40 years or so because we're implementing that Mill & Overlay; that's such a game changer for us as a community. Mayor Bailey opened the public hearing. If anyone wished to speak on this item, he asked them to go to the podium and state their name and address for the record. He noted they would have up to three minutes to share their thoughts with the Council. Earl Karsikas, 8257 Hyde Avenue South, stated this is something new to him, as he's not encountered this before where he, as a homeowner, was facing being assessed an extra cost above what his property taxes are. He's a little concerned about it with the way the economy has been recently. With everything going up so much higher, some of us are on fixed incomes, so to be facing additional costs, he lives pretty much from paycheck to paycheck. If he's going to have to bear this burden, it's concerning to him. If there was any possibility of delaying this or if there's some way that the City could help out some of us who are older and living on fixed incomes, it would be helpful. He can't say that he's very excited about this, so he hopes there's a way that they can kind of help some of us out that are facing this situation. City Council Meeting Minutes February 1, 2023 Page 9 Mayor Bailey encouraged Mr. Karsikas to reach out to our Finance Department, here at City Hall. They'd be more than happy to give him some of the options available to him, like a deferral. We have multiple neighborhoods over the years where residents have had their assessment deferred or other things to help with that process. There are definitely some opportunities out there to help him. He stated he totally understood Mr. Karsikas' concern with the current economy, and asked him to please call the Finance Department so they can walk him through some options. Mr. Karsikas stated this is the first time he's encountered this, and he can't help but wonder why it is that individual homeowners are assessed and it's not just something that the City takes care of through our taxes. He understands this is a common procedure, but to him it doesn't seem quite right. Mayor Bailey stated each City does their percentages a little differently; some require the homeowners to pay 100%, some pay a little bit less, but he shared with Mr. Karsikas that if we did his neighborhood and the City picked up the entire cost, then everybody was going to be paying for that. A certain percentage of the road will be paid for by everyone to keep the standards up within the City, and the maintenance, but the rest of it will be borne by the individual homeowners who are actually using that street on a more consistent basis. Council Member Olsen told Mr. Karsikas if he takes the time to call the Finance Department or even Public Works, Director Burfeind can maybe do a better job than us explaining how the Special Benefit process works. There is value in this project that contributes to the overall value of the homes in that neighborhood; that's why we do the benefit assessment prior to even going to bid, to make sure that there's actually a measurable benefit to the homeowner. Director Burfeind knows a lot more about that than we do, and he can probably answer far more questions. Rest assured that these types of projects really contribute to greater value in your home, greater value to the neighborhood, and greater value to the City assets. Susan Evans, 8042 Hornell Avenue South, stated she doesn't meet any of the guidelines that would qualify for a special assessment, but asked if the $4,900 total assessment is the total amount that we anticipate each homeowner paying. Mayor Bailey stated right now that's an estimate, but the answer to her question is yes. Ms. Evans stated she doesn't qualify for a special assessment, like her neighbor might, but she wanted to express the same sentiment; she just doesn't have the ability to pay $5,000 to upkeep the road. She agrees that the roads need to be fixed, but she would just like to postpone it a year or two because we're considered to be in a recession; monetary wise, if she had $5,000, she wouldn't be using it to repave the road. She stated that as a homeowner and resident of Cottage Grove. Mayor Bailey stated he appreciated that. Whatever the final number is, you can pay a certain amount of money at that time or that assessment will go onto your property taxes. When your pay your property taxes, either through your mortgage company or separately, that amount would be added to those. So, you do not need to come up with whatever the final number is; it's just an option that we give our citizens if they want to City Council Meeting Minutes February 1, 2023 Page 10 make a down payment. Otherwise, it will just appear on your Washington County property tax statement. Ms. Evans stated some of the money will be used to fix the sewer lines and whatnot, but will homeowners be made aware if their sewer lines are going to be worked on or if their utility lights are going to be fixed or corrected. We're all getting assessed equally, but will our sewer lines or our utility lines also be updated. Mayor Bailey stated he'd have Director Burfeind answer some of these questions after everyone has had a chance to speak at the public hearing. Jaylen Case, 8290 Hemingway Avenue, had several questions: When it comes to upgrading our systems, we understand the need for that. As a first-time homeowner in Cottage Grove, his family has lived here for many years, and that's a heritage that he'd like to continue. One consideration about living here was taxes; he just bought his home two years ago, got married, and had a child two days ago. After this project, what's the likelihood of his property taxes rising, based off of the improvements. Now he'll have to pay more taxes on top of that due to the assessment. He asked them to elaborate more on that, if that will be the case. Mayor Bailey stated we would do that. Mr. Case stated he also plans on doing a full home remodel, and he's halfway through that. His plan is to have a new driveway and will need a new curb. He'd like to know a little bit more about that process; how do we determine who is the 15% that needed the curb replacement, is that public knowledge? He'd like an explanation of why those curbs were chosen or not, as well as the apron behind that, too. Mayor Bailey stated that's a good question and we'll answer that. Mr. Case asked Director Burfeind if they're able to set up appointments to have a more thorough discussion on this; he stated he's a numbers geek so that would be fantastic. Mayor Bailey replied the answer is 100% yes. If this project moves forward, there will actually be neighborhood meetings and a construction project manager who will be in direct contact. We try to keep the public aware so they'll know when they're in your neighborhood, so he can plan the timing of his driveway. Mr. Case stated he travels for a living through many states, so asked if there was a way to utilize technology with maybe Zoom or some virtual platform to access these types of meetings. Mayor Bailey stated he'd let City Administrator Jennifer Levitt speak to that, but this meeting is live, and it is streaming right now. He told Mr. Case that at this point, though, he could not communicate with us using that process. Council Member Olsen asked Mr. Case if he was related to Craig and Gary; Mr. Case replied that Gary is his grandfather. Council Member Olsen explained that he used to work with Gary and Craig is a dear friend of his. He told Mr. Case if he needed anything at all to just call him. Mr. Case stated he appreciated that and needed some of the potholes in front of his house fixed. Council Member Khambata stated it's worth noting for anyone who knows they're going to be absent for any of those meetings, they can submit questions or comments in City Council Meeting Minutes February 1, 2023 Page 11 advance to our staff; they'll make sure that those become part of the record at the meeting. Bonnie Matter, 6649 Inskip Avenue South, asked as they do projects like this throughout the City, are they looking at bringing in fiber cable, burying the internet stuff so that we have access to high speed. Mayor Bailey replied he'd love to say yes, as he'd love to have that in his neighborhood, too, but he didn't believe that was the case. Council Member Olsen stated he could speak to that as he's part of the South Washington County Cable Commission, noted Council Member Thiede also has this information: The governor's budget has authorized a significant sum of money for accessibility. Even though that's predominantly for outstate communities who frankly have nothing right now, at our last cable commission meeting one of the things we discussed was connectivity. In two weeks, the Minnesota State lobbying group for all of these various cable commissions will be at the Capitol, and they'll be lobbying for exactly what Ms. Matter spoke about. As more and more people work from home or do schooling from home, that becomes ever more important. Connectivity is a really critical element to being successful moving through the remainder of this century. It's a good question, and it's definitely something that's on the radar of the cable commission, as well as many of our legislators. Director Burfeind stated a question related to the project was regarding the sewer lines, utility work that's being done, and whose is being fixed. These are the sewer mains and watermains throughout the neighborhood, which carry all the sewage out and bring all the water in. There might not be a sewer fix right in front of your house, but it might be 10 houses down, and sewage flows downhill; so it's a benefit throughout the entire neighborhood because we have to make those operate. All of the watermains are looped, so that system needs to operate as a whole, if we're replacing valves or bolts or have any leaking watermains. So it's spotty, it's not an entire replacement of utilities, but that's a very expensive project. It's not something we take lightly, as to do that work, the current system has to be in very poor condition. If this projects moves ahead, as far as scheduling, we'll have a preconstruction neighborhood meeting; that usually occurs about a month or so before the project starts, after we get bids and a project is awarded. At that meeting, we'll really get into scheduling, if the project is going to be phased and what that looks like. There's a dedicated inspector for this project, who will also be there; we have hotline phone numbers that go directly to him, as well as emails. He's really our liaison now in inspecting the project, but also works with all residents during the project; certainly, if there's some curb work to be done and you're installing a driveway, we'll coordinate that as we don't want to cut into a new driveway. If there's going to be a graduation party, we work really well on coordinating those things. Director Burfeind added that the roadways are open during construction; so, unless we're paving in front of your house or have some curb work to do, where you can't drive over that curb, there is really good accessibility during the project. In terms of setting up separate appointments about the numbers, we're happy to talk with anyone in the City Council Meeting Minutes February 1, 2023 Page 12 neighborhood; they can reach out to him or Amanda Meyer, our City Engineer, and we can talk through all that information. We're very happy to do one-on-one meetings with the actual project inspector for specific questions about construction. Mayor Bailey stated when they go through neighborhoods, they will mark things with a big X to note it's something or a section that will be removed. The filling after removal is actually done with better soil and hydroseed. Director Burfeind confirmed that; he said for replacement they look for a really settled or very defective curb, one that's broken apart, and will reduce the life of the roadway. Administrator Levitt stated she wished all of our residents would engage us as much as Mr. Case because that's how we can make projects be successful, to answer questions and have upfront information. Regarding property taxes, she stated we don't notify Washington County that we're improving the road; we don't provide a notice to the assessor's office that we're doing it. So, you're not going to see a direct impact from our work, though Mr. Case's remodeling project could affect his assessed value later on. Administrator Levitt stated Director Burfeind touched on curb replacement. We actually walk every linear foot of curb in the neighborhood, using an assessment tool that evaluates which curb will be replaced. The key thing for a project to be successful is engagement. We really encourage residents to reach out to us; as Director Burfeind said, we don't want to ruin your graduation party, your garage sale, etc. Especially if you're making a financial investment in your driveway, we don't want to come and cut a nice line across your brand new driveway and rip it out. We want to coordinate that with you and make it be successful. We want this to be a lasting value to really enhance your property. We really work on the communication side of things to make sure with our neighborhood meetings, our letters, our email lists, our websites; we ensure all of our meeting minutes and presentations are given. Hopefully, people can find the information that they need, and we work really hard to ensure a successful project for everybody. As no one else wished to speak on this item, Mayor Bailey closed the public hearing. Motion by Council Member Olsen to Adopt Resolution 2023-018 ordering the 2023 Pavement Management Project and authorizing preparation of plans and specifications; second by Council Member Thiede. Motion carried: 5-0. Mayor Bailey stated if residents have any questions about the assessment process or anything about this project, please reach out to any of us on the Council, and we'll get you in contact with a staff member to make sure you're aware of how this will all go. Council Member Khambata stated as somebody who's lived in several homes and had several assessments, he empathizes with the heartburn of getting the assessment. In his time on the Planning Commission and on the Council, he really wished we could have a crystal ball and know when asphalt will be the cheapest and when interest rates are going to be the lowest. It would not have made any sense at all to do this project five years ago when it still had five years of useful life left. As a Council Member, City Council Meeting Minutes February 1, 2023 Page 13 especially with infrastructure projects, it's frustrating to know that some of these things just have to happen when they happen. We have to do our due diligence to try to get the best outcome for our constituents. He empathizes with them that this neighborhood got their card pulled this year to do this, as a couple years ago asphalt was cheap. It's a difficult but necessary decision to make, and it's one that he takes seriously. 10. BID AWARDS - None. 11. REGULAR AGENDA - None. 12. COUNCIL COMMENTS AND REQUESTS Council Member Dennis recognized the State of the City Address that Mayor Bailey did this evening. He did a fantastic job of sharing a lot of great information about our community, its vibrant nature, the fact that we're growing, we're successful, and we work hard to provide and sell happiness as much as we possibly can. He did a very nice job on that, and thanked Eric Rigby, Communications Manager, who helped Mayor Bailey put that material together, as it was pretty substantial. It was a great statement about how much our community is successful. Council Member Olsen stated earlier this evening we had a check presentation from the Public Safety Board to the City of Cottage Grove, to help offset the cost of our new K9. We're very grateful to the Public Safety Board for that donation and, frankly, for all that they do. The Public Safety Board also manages the Craig Woolery Scholarship, awarded each year to one or more recipients, residents in the community, who desire a career in Public Safety: Police, Fire, or EMS. He and his wife founded that scholarship in former Chief Woolery's name, so it's very important to them, as it helps support young people who want to work in a Public Safety career. If you're interested in helping those young people, you also may contribute to that scholarship fund so please consider donating. Reach out to any of our Council Members or anybody at City Hall; the Public Safety Board is managing that for us. More information can be found on the Public Safety Board's Facebook page; we also have a link to the Public Safety Board on our City website. Tell your friends or family, who have high school children looking to go to college to pursue a career in law enforcement, firefighting, or as an EMT -paramedic that this opportunity exists. The scholarship will be awarded in May for this year's recipient(s), so it would be a good idea to complete a scholarship application soon. For students at Park High School interested in that, they should speak to a counselor. Council Member Olsen stated February is Black History Month. There will be some more information about it in this month's Council Update video, to dig a little deeper into Black History Month. He thanked everybody who makes our community home, regardless of their race, color, creed; we're seeing an increase in our percentage of residents who are people of color and want everybody in this community to feel welcome. When you move to the City of Cottage Grove, we're here for you, you're in City Council Meeting Minutes February 1, 2023 Page 14 our care, and we take that very seriously; all are welcome here. If you don't feel welcome, we want to know, as that's not how we want this community to operate. Mayor Bailey thanked those who joined him at the State of the City Address tonight; he was very honored to be able to talk about all of the exciting things that have happened in the past years within the City of Cottage Grove. We specifically focused on last year, and a lot of things are happening as we move forward in 2023 and beyond. Some things we can't talk about yet, as we have to ensure that things are put in place first. Earlier today, the City did a Facebook posting about Glacial Valley Park. Some people didn't know where Glacial Valley Park was, so Googled it; for whatever reason, it showed that Glacial Valley Park was in Woodbury. We're working with Google Maps to make sure that they realize that Glacial Valley Park is in Cottage Grove; it's just off the new Ravine Parkway and County Road 19. It's the first large park that we've built in Cottage Grove in over 20 years. We're working with Washington County and the South Washington Watershed District so you can jump on a trail in Cottage Grove and work your way into Woodbury and even past Woodbury. At some point, you could ride a bike or walk all the way up to the Lake Elmo Park Reserve on the trail system. A version of Glacial Valley Park is in the City of Woodbury, but Cottage Grove is building the Glacial Valley Park facilities here. There's a plan for some interpretive informational booths that will be right on the border between Cottage Grove and Woodbury, but all facilities will actually be in the City of Cottage Grove. Mayor Bailey stated we have a workshop open to the public tonight, which will be held in the Training Room. The Public Safety team will provide their Annual Use of Force Review. It's a standard for our City, and it's a protocol that updates the Council on the National Best Practices followed by our officers when responding to service calls. Cottage Grove and Woodbury built the HERO Center together for training of our Public Safety and Fire personnel. We'll be learning what some of the training updates are to manage situations that might arise. We'll be adjourning this Council Meeting from there. 13. WORKSHOPS - OPEN TO PUBLIC - TRAINING ROOM A. Police Annual Use of Force Review Staff Recommendation: Sergeant Brad Petersen will present the 2022 Police Use of Force Report. Deputy Director of Public Safety Greg Rinzel stated Sergeant Brad Petersen will present our Annual Use of Force Review. Sergeant Petersen and our team have been very instrumental in pushing us to the next training level; how often we train has been in Sergeant Petersen's court, and he's done an exceptional job over the last several years. Sergeant Petersen has many officers, including Officer Bailey, who help as part of the cadre. We recently had training, with a total of 16 instructors, each experts in specific areas. City Council Meeting Minutes February 1, 2023 Page 15 Sergeant Petersen stated he appreciated the opportunity to share this information with the Council, noted he's very passionate about this. Chief Koerner wrote an introductory message and Sergeant Petersen echoed his sentiments. As a trainer, he also travels across the country and internationally for his side job with PepperBall, where he does training and helps develop curriculum for their national program. A benefit of that is he gets to see how other police departments are operating across the country; he's not elaborating when he says that we're head and shoulders above where the rest of the country is with training. He's modeled training curriculums he's built for the rest of the country with things that Cottage Grove is currently doing and has been doing for a long time. We're that far ahead of the curve; we're truly leading the industry in changing things to make the community safer, the officers safer, reducing liability, reducing injuries, etc. Reasonableness: Making a decision to use force is a very difficult decision for officers. They have to weigh many different factors in a very short amount of time, under stress, under uncertain conditions, and the public demands near perfection. To some extent, the public understands that we're human, but they don't quite get the gravity of those decisions and how many things officers have to weigh out in a fraction of a second. There's always an opportunity to improve upon that decision - making process, and we have training to help our officers make that decision better. Options: We need to understand options available to an officer: Control techniques that don't involve any weapons, less -lethal weapons, lethal options, and pursuit interventions. We have our officers focus on all of the situation's factors, decision points that they have before the Use of Force decision, so they can try to prevent the Use of Force or reduce the amount of force that they have to use. Things we do include having multiple officers respond, using verbal deescalation techniques, and a million other different things to try to prevent that Use of Force decision. Two Categories of Force: Actual force and perceived threatened force. If I tell Nick to get down on the ground or I'm going to Tase him, we consider that a reportable Use of Force. Some of the statistics might seem shockingly high; understand it's not us always using force, it's just us threatening force in some cases. We've found that, in and of itself, can gain compliance and gain control of the individual. Perceived threatened force oftentimes gains control and prevents an actual Use of Force. We capture almost every Use of Force, threatened or otherwise. In other departments, if you draw a weapon and point it at someone, they don't do a report on that, there is no Use of Force form done. Since he's worked for Cottage Grove, we've been doing this; if you pull your weapon and point it in the direction of a person, you have to notify a supervisor and write a report. If our numbers seem high, that's intentional; we want to investigate every single Use of Force incident. Oversight & Review Process: Sergeant Petersen noted we have a very intensive oversight and review process; this is something most agencies are not doing at all. Anytime there's a Use of Force, the officer has to do a report to document all of the situations and data that we're able to track. The sergeant goes to the scene and does his or her own investigation at the scene to make sure that everything was done properly and all the documentation is done properly. They do quality control of that Use of Force Report, then it goes to the next level, which is the Use of Force Review & Training Committee. We look at every single Use of Force with a microscope to make sure that everything followed policy, that the Use of Force was reasonable, and if there City Council Meeting Minutes February 1, 2023 Page 16 were any policy, equipment, or training issues that we can identify so we can perform better next time. Every time there is a Use of Force, whether it's threatened or an actual Use of Force, many people are looking at that at multiple levels to see how we could do this better. The net result is tangible improvements. Data: All data that comes out of that review process ends up on our dashboard. We have live time data available for our trainers so we can track things like the number of Use of Force incidents, injuries, the number and effectiveness of each type of force; there are a million different things that we can track. If we have a question about Use of Force, we can manipulate the data we have and have that number, too, at any time. We can make databased decisions, not just arbitrary decisions based on well, I think this, or maybe I think that. We have hard data to make those decisions. This data goes all the way back to 2016, as we've pulled old paper Use of Force Reports and put that data in here so we can trend that and get more meaningful data. We do this of our own volition, not because DOJ or somebody else is making us do it. 2022 Data: Our population is growing, and our call volume is slowly trending up; despite that, our violent crime and property crimes dramatically decreased. What we see across the country with all of this liability, criminal and civil, is that many cops have stopped policing. They're collecting a paycheck, they're driving around, but they won't engage because they're afraid they'll get into trouble. That's not the case here; we're still policing and keeping the community safe, and that's evidenced by that decline in crime data. Last year, with almost 30,000 calls for service, only 86 incidents involved any type of force; that's 0.3% of calls over the course of the year involved any force. If you watch mainstream media and listen to some talking heads, they'll have you believe that police are heavy handed, are using excessive force, and we're out of control. Look at that number; it speaks for itself, it's so rare for us to use force. Also, over the last six years incidents of force are relatively stable, though it tracks up and down with the number of calls we have. Look at how rare deadly force is; we had one in the last six years, which is miniscule. That's not to say that it's not a huge event, because it is, but it's just extremely rare. About 2/3 of our Uses of Force are a direct result of an incident that the public has reported to us; we get that call from Dispatch and we respond. We're forced to deal with whatever problem the community is having. We don't have a lot of discretion in that matter; we get there, and we have to deal with what's presented to us. We're still out there policing, we're not afraid to do our job, and we'll use force if we have to. It's the right amount of force, we do the best thing we can, but we're still going to put criminals in jail. He showed a slide that looked at the display or threat of force versus actual deployments. If we look at the Taser, we've threatened it 23 times, but we've only used it 7 times. It shows that we don't use that force unless we absolutely have to, and that decision is actually made by the criminal or the person who's experiencing some type of emotional disturbance. In a sense, they make the decision that force is going to be used because they're not responding to any of the other efforts, the pre -force tactics, the display, or they're outright causing an imminent threat to somebody else. Council Member Khambata stated he noticed that nobody wants to get the dog stuck on them; there were 12 threats and 0 deployments. Sergeant Petersen stated if you look back at historical data, we used to deploy the K9s more frequently. Rules have City Council Meeting Minutes February 1, 2023 Page 17 changed to some degree where we can't deploy them as freely as we used to because of that risk of injury, liability, etc. The use of a K9 for a bite or an apprehension is really reserved for those violent crimes or very dangerous situations; nobody wants to be bit. Sergeant Petersen displayed a slide that speaks to the effectiveness of our less - lethal force options; he can look at how effective it is when it's displayed or how effective it is when it's actually deployed. Pepper Ball: We talked about pepper ball the last couple years because that's one of our new tools. You'll see that has a 50% success rate but, in reality, it's much more effective than that; the way we track data almost artificially pushes that number to a lower rate. You have to understand the why behind that number: When we use pepper ball, oftentimes it will take 2, 3, or 4 uses of that pepper ball before we get compliance, which is measured as a successful deployment, but those first 3 show as negative success because that's the way the courts look at it. The courts look at that as 3 separate Uses of Force, so that's the way we track it. If you look at if the pepper ball was successful in the scope of this entire incident, it's almost 100% effective. He can hardly think of a time where it hasn't been effective for us. In showing how effective our less -lethal tactics are, what that really translates to is this keeps us safe, it keeps the public safe, and it means we don't have to shoot some people because these tools are working. The other takeaway is sometimes they don't work, and so we have to be prepared to use other options; in our training, we always make sure that we don't just have a single plan going into a problem. We always have a Plan A, B, and C, so in case the first fails, we can move right to the pepper ball. Council Member Olsen stated pepper ball is still relatively new to some departments. When we go on mutual aid calls, what is the opinion of the other officers that you're working with as it relates to our ability to intercede using this type of a tool versus what they would have available. Sergeant Petersen replied it didn't take them very long to see what we were doing and see the success of our pepper ball program. Now, every agency in Washington County, except St. Paul Park, has it; that's just more proof of how effective this tool is. Council Member Olsen commented here, again, we were a leader; Sergeant Petersen stated yes, and we trained them on how to do it, they modeled their program after ours. K9 Activity: We use it fairly often for tracking, building searching, etc., but we had no apprehensions last year. Pursuits: We had a lot of pursuits last year. In Sergeant Petersen's 19 years with Cottage Grove, he thinks 32 is probably the most pursuits we've ever had. Again, that number in and of itself creates more Use of Force. Every time we get into a pursuit, when that vehicle comes to a stop, we end up pointing guns and pepper balls, etc. at them, so those increase our numbers. With pursuits and anything in and around a vehicle, those are highly dynamic and highly dangerous. That's one of the things that we're going to focus on this year is to try to mitigate that danger for our officers. Captain Rinzel stated regarding pursuits, in 2016, 2017, and 2018, our average was anywhere between 10 and 14; starting in 2019, 2020, 2021, and 2022, we've been sitting right in that high 20s every year, with 32 our high. Council Member Olsen asked if that includes pursuits that we might terminate or turn over to another agency; Captain Rinzel replied that's correct, it's if we're involved in it, City Council Meeting Minutes February 1, 2023 Page 18 whether or not we started it. If Newport started something and it came into Cottage Grove, we got involved and actively pursued, we're in the stack so it's included. In -Custody Deaths: Sergeant Petersen stated this is a hot topic everywhere, as it should be. We're all trying to mitigate in -custody deaths. So, we track this data, although it's not a real function of law enforcement. The decision to put soft restraints on, the decision to use medication to sedate somebody is an EMS function. We track that data because we're a Public Safety concept and we're a part of that process, and we try to mitigate the liability for everybody involved. Police are responsible for hobbles and spit hoods, but the soft restraints and sedation are EMS functions. In 2023, within the next couple months, we are going to be implementing some training for the Fire Department, to give them some tools to help restrain safer and keep themselves safe as well. Demographics: Predominantly, the subjects of Use of Force are male; we have a very even distribution of age. Race pretty closely reflects our local population, so we had 30 Black subjects that were the subject of Use of Force in Cottage Grove in 2022. However, 8 of those were the same individual; we'll discuss that in a couple minutes. So, if you subtract 8 from 30, that gives you a number that more closely reflects the demographics of our population, so don't get concerned about that 29%. If you look at the last 6 years, it gives you a snapshot look versus just 2022, because the sample population in that one year is pretty small in some cases, so it can be statistical fluctuation just based on your population or your sample size. Council Member Olsen stated that data reflects the individual, whether or not they live here, which Sergeant Petersen confirmed. He stated we don't always get to choose who we use force on; if they're committing a crime and endangering others, we have to respond to that, no matter what color they are or what ethnicity. If somebody from outside of this community is coming here to cause crime and mayhem, that's going to alter our statistics. Look at that staggering number: 65% of people who we use force against don't live here; that's people from outside our community. Drug Use/Mental Illness: Those are huge influences, which is why we implemented the Case Management Unit (CMU), and they're trying to mitigate that effect. They're getting this person the care they need to make sure they're taking their medications, dealing with all of their issues that lead to instability so we can reduce some Use of Force. Inoiuries: Very few injuries, and the ones that we have documented are very, very minor; again, that shows how safe and effective our techniques are. Use of Force Review: Out of the 86 incidents that we reviewed, 100% of them were deemed reasonable; in only 4 of those cases was an opportunity for improvement identified. That might have been changing a policy or getting some new equipment or having a talk with an officer regarding his/her Use of Force choices. In each one of those cases, it's not a lingering problem where we have to worry about that issue rising again and causing a problem down the road where we'd have some liabilities or potential for lawsuit, injury, death, or somebody getting in trouble. Captain Rinzel stated it's nice that there were only four opportunities where the review just said we need to make a little tweak or change here. We could have said everything was just fine, patted each other on the back, moved on, and never said anything in retrospect. We want to know how we could do this better; that's how tight this group is, as they look at every one of these events and ask is there anything we City Council Meeting Minutes February 1, 2023 Page 19 could do to improve. Four times we said we can make some improvement, and this is how we're going to do it. Sergeant Petersen said if you look at it from the opposite side, there were only 4; so, 82 times our officers made the right decision, our policy was working, we had the right equipment, everything was spot on. That shows that everything is working as it should. No Citizen Complaints: Sergeant Petersen challenged the Council to show him another department that has 0 citizen complaints regarding Use of Force; he didn't think they'd find another department in the country. Special Case: Sergeant Petersen stated there's a special case of a young man who lives in a group home; he's not being managed very well by multiple layers. That results in him getting out of control, having emotional health crises. We get called there to deal with it, and it has resulted in a Use of Force. Our CMU and Social Services are doing the best they can. It's alarming to Sergeant Petersen because it just keeps happening, and it could eventually result in injury. This is something that we have to work on. Captain Rinzel stated this juvenile male is a ward of the State, and was placed into Washington County from outside of our county. He is in a home that did not meet the guidelines set forth by the Department of Human Services; he was not supposed to be there, but there was no other bed available for him in a secure facility, so they just kept pushing him there. We kept calling them, saying this is not safe for the people who live in the area, this is not safe for him, this is not safe for the other residents. We pushed hard and long, trying to get this to change; ultimately, this is what occurs when there isn't enough bed space available for those juveniles who actually need the mental health services. He was from outside of our county and put into a group home. It was completely outside of our control. Trends: Use of Force is very rare; in most cases, it was resolved by pre -force tactics or low levels of force. Very low injury rates; in the vast majority of incidents, our officers are making great decisions. Our training, our practices, our equipment are working exactly as they should be. Council Member Khambata asked in incidents where you have a recurring situation, does Dispatch know that up front; he was told yes, they do. He asked how does that change officers' response when you go there and you've already been there five times, to estimate a likely Use of Force situation. Sergeant Petersen replied first of all, it's awareness; everybody in our department knows of this address and that individual. We're well aware, and it's flagged by Dispatch. Even if we weren't aware and got dispatched there, it would be flagged in our CAD system so we know what we're walking into. This will never be a one officer response; we're going to send three, four, or five officers to this. We're doing everything within our power to avoid a hands-on conflict. We'll try to get staff involved, family involved, use all of our deescalation tools. If we have to use force, then we'll have a plan to do that, and it's well choreographed. Captain Rinzel said this specific person is very violent towards staff, too, so it was ongoing assaultive behavior. It's not something you can just wait and try to negotiate with him. We're going into a lot of those where it ends in chemical sedation or other means, beyond the norm of law enforcement function; there's EMS, multijurisdictional response to try to deal with it. It's very sad. City Council Meeting Minutes February 1, 2023 Page 20 Council Member Khambata asked, as far as kind of being a leader in policing, is that going above and beyond what most departments would do? In order to try to avoid a scenario where you're showing up to somebody who's having a mental health crisis, and you end up having a failed Use of Force scenario or something like that? Sergeant Petersen replied absolutely. Captain Rinzel stated he thought it's trending in the direction that we've already been going, as many departments are having to use social workers, etc. Washington County has not jumped on board 100%. We had social workers we could call; they were supposed to be responding from their homes, but none of the them wanted to do it, so we lost everybody that they had in this unit. Social workers don't want to be cops; they sign up for one job, and then they're like I'm not going to that house. If cops don't want to go there, why do I want to go there? So, the co -responder model is something we're trying to get, but they're few and far between. It's really a county function through the Department of Human Services; it's a social work function, not a law enforcement function. With budgetary constraints and everything else, we don't want to lose two cops to get two social workers, robbing Peter to pay Paul. We're really embracing Washington County, trying to work with legislators to get the funding through Washington County to have those embedded social workers here. We have a CMU, we work specifically with all of the social workers, so we're one step away from getting that embedded social worker; we're just waiting for Washington County to fund it. Council Member Khambata asked if they got a chance to learn anything from the social workers before they all quit, as far as advanced deescalation tactics, etc. Sergeant Petersen replied we've had a ton of deescalation training, we've had tons of various mental health training. Council Member Olsen stated Sergeant McCormick went to L.A. to train with their people, too, which Sergeant Petersen confirmed; Council Member Khambata stated that's really encouraging. Hostage Situation at Wakota Inn: Sergeant Petersen stated at the patrol level, our officers have training, tactics, tools, and the confidence to deal with something of that nature. Everything worked amazingly, as it should; with cooperation between multiple agencies, EMS, and even S.W.A.T. coming in, the system worked like it should. Training- Is an investment in your officers, in your department, in your City that prevents bigger problems, bigger paychecks down the road. There is evidence to show that it decreases the likelihood of force. If I'm confident in my abilities to deal with someone, whether it's hands on or deescalation, if I'm aware of his mental health issues, if I have all of this awareness and tools and communication skills, I'm less likely to use force. This year these are some of our highlights that we're going to focus on; taking time to train our trainers, which we've never really done deliberately, it's always been more of a passive process where we've sent them out to external courses to get their training. We're taking it upon ourselves to train our own trainers, holding them to a higher standard and developing them. We also recognize there's a lot of promotion coming in the next couple years; so, we're making a very concerted effort to train our future leaders. We're always looking to mitigate any risks; we're trying to handle anything in and around moving vehicles in a safer fashion. We're always looking for what's the next thing we can improve on, and displayed a list of things that they're going to work on this year. This year's training plan is pretty much the same as last year, so it's a combination City Council Meeting Minutes February 1, 2023 Page 21 of monthly in-service training, and 7 months out of the year we have an 8-hour training day. We also have some on -duty training, which is either firearms or simulator, at the HERO Center, every other month. We do 23 hours of virtual training, as well as some policy virtual training; that's the baseline for all of our officers. If you have any type of specialty assignment, that's training above and beyond that. Our minimum is 94 hours of training per year, and POST only requires 48 hours on a three-year renewal cycle. Our training includes: 12 hours on firearms; 12 hours on Use of Force topics; 4 hours on driving. Our training program is very well rounded, as we're not spending 94 hours just shooting, so we're producing very well rounded, capable officers. Captain Rinzel noted officers also sign up for other outside training, all of which is in addition to those 94 hours. Financial Liability: Sergeant Petersen stated not much has changed since last year, but look at the money that the Minneapolis Police Department has paid out in the last decade and there's $101 million pending just from the riots in 2020; he's sure there's more pending than that. As most Council Members live in Cottage Grove, he asked if they want a well -trained, well -disciplined officer, who's well supervised showing up, or do you want Memphis showing up? Having reviewed that Memphis video, what he saw there was 90% of lack of training; they couldn't control them, they lost control of the situation, and that's what resulted. Lack of training, lack of supervision, lack of oversight. You will not see that here. Equipment: There's a lot of new equipment from Red Dot Sights on our pistols, which allows us to focus on the person, the threat, the situation rather than focusing on our sights. It opens our situational awareness, helps us make better decisions because we can see what's happening out in front of us, rather than focusing on our sights. We're removing shotguns because of liability reasons and replacing them with pepper balls and 40-mm. launchers. There are a million different things that are part of it, but what it all amounts to is safer, more efficient tactics and less liability. Tactics: We don't keep doing the same thing that we've done for the last 15 years or the last 5 years; every year we're looking at how can we change our tactics and make them better and safer. Policy: Is the same thing, every year we're taking a look at that policy if the community makes a recommendation to our Command Staff. In 2022, we updated our control devices in our LESO program, and there are no current pending recommendations for change. S.W.A.T. This is the 25th anniversary of our S.W.A.T. team; prior to that, Cottage Grove merged with Woodbury and Oakdale. In 1997, the whole county merged into one team and celebrated our anniversary this year with a commemorative patch. The year 2022 was a very busy year for S.W.A.T., but things were different. S.W.A.T. is generally a very reactive resource; when there's a problem that patrol can't handle, then they call in S.W.A.T. We shifted that paradigm in 2022 where we're putting S.W.A.T. front and center, being proactive to try to prevent the problem from happening; that's why you saw S.W.A.T. patrol community events, to make our presence known and get into the public, deterring anybody with any violent intent. That was met with overwhelming support across the county; there are still some communities within the county that are a little bit apprehensive about that model, but almost everywhere we went there was overwhelming support, especially here in Cottage Grove. Washington County is looking at the success we had in Cottage Grove with that program, and City Council Meeting Minutes February 1, 2023 Page 22 they're promising in 2023 they want S.W.A.T. at all of our festivals, all of our events, including Night to Unite. We're seeing fewer barricaded subjects, hostage rescues, and warrant services, and we're seeing more of those proactive details where we're out there protecting the public, protecting dignitaries, being there as a deterrent to crime. He displayed a breakdown of their events in the last year, almost 30, which is brand new for us. The good news is we had very few barricaded subjects, and that's because we trained and equipped patrol to deal with those now. No -Knock Warrants: Sergeant Petersen stated that's gained a lot of scrutiny across the country, mostly here in Minnesota. Our legislation has changed, but even prior to that scrutiny and prior to the legislation change, we have not been doing No -Knock Search Warrants, at least in terms of doing a dynamic entry in the middle of the night with really nothing else; we stopped doing those probably 15 years ago or so. Captain Rinzel stated it's not that we won't do them, there are some extreme situations where we might be required to do so. Training- Our S.W.A.T. team has 190 hours of training, which might seem like a lot, but think about the situations that you're asking them to go into and the number of different tools, techniques that they need to be masters of. When you break that down, it amounts to two in-service trainings, one in the Spring at the HERO Center, one in the Fall at Camp Ripley, and then one day per month. Captain Rinzel stated almost everybody who is on the S.W.A.T. team is an instructor for some discipline back to the Police Department. They learn, become experts, and come back to teach others. BearCat: There's another BearCat on the way for the county, and we're still trying to figure out where that's going to be stationed. Most likely, it will be in the Forest Lake - Hugo area, depending on the status of our MRAP that's still kind of up in the air. That's big news for the county, we got a lot of new equipment, and we need some more training through our negotiators and our tech operators. Law Enforcement Support Office (LESO): Sergeant Petersen stated we've met the obligations to rules that have changed in running the LESO program. The downside is the website that he used to acquire equipment has had a glitch over the last five months, so he hasn't been able to get any new equipment. We're up and running, and he made sure that the rest of the county is up and running, so we're good to go. LESO is a program where we get surplus federal equipment from the Federal government, it can be anything from night vision to robots to First -Aid gear to office supplies. These are things that the Federal government has already paid for with our taxes, it's surplus material, and they give it to law enforcement agencies to support our mission. Part of those new rules state that we have to engage with the public, give them an opportunity to know what we have, how we intend to use it, and give them an opportunity to provide feedback. We've done that this whole last year; every time we're out in the community, at events, we're showing them what we have and telling them how we use it. We let them ask questions, and let them tell us what they think of this program. We've had overwhelming support; he hasn't had a single individual tell him this program is garbage and we shouldn't be participating in it. A couple of people have asked why do you need a tank, and he explained to them that it's not a tank, it's an armored vehicle that we use for these reasons, and it keeps the public and the officers safe. Then they're like okay, they understand. Especially when we explain that it's free, then they think that's cool, they like that part of it. City Council Meeting Minutes February 1, 2023 Page 23 Sergeant Petersen thanked the Council for all of their support; without their support, we couldn't do the things that we do, and couldn't be as awesome as we are. You all should be very proud of where we're at as a law enforcement agency. As you give us the funding and the ability to go out and train, all of our officers are well equipped and trained due to your support. Mayor Bailey stated we appreciate that. Obviously the reason we do it is because we want our officers to be safe and our citizens can rest assured that their community is as safe as it possibly can be. Mayor Bailey asked about vehicle pursuits, as he's noticed that mainly the core cities have really developed an attitude that they're not going to chase. He wants officers to be safe, but he certainly doesn't want people thinking they can come into Cottage Grove, which is what the data is showing, and get away with things because all they have to do is run as quickly as they can to St. Paul. He's always been supportive of doing what we can to stop that; if it means we have to do pursuits, then we do them. He knows once we get into another jurisdiction, that can be interesting when they don't want to assist. He asked if that was still the thought process behind pursuits. Captain Rinzel replied we're still very cognizant of the crime level; if somebody steals $200 of merchandise from Kohl's, decides to go on Highway 61 and travel 130 MPH, we're not following them. We may attempt to make a stop, but that's it. The severity of the crime is still a major factor, the time of day, the speeds, the evasive maneuvers; all those things still play into it. The Minnesota State Patrol (MSP) Air Unit has been out much more; the Colonel of the MSP has made a concerted effort, as has the State, to get up in the air and fly more often. So, more often you'll see that we will terminate and follow from a distance in the sky. There was another today: It started in St. Paul, ended up going through West St. Paul, through Rosemount, through Coates, back around and ended up in Eagan. The helicopter tells us where they were, then we start deploying Stop Sticks and using alternative methods. We still do that, as we'd prefer not to pursue; however, depending on all those circumstances, we make the best decision possible. Mayor Bailey stated that's perfect because eventually they're still going to be caught, whether it's through the Stop Sticks and/or the helicopter directing you to their location. In some cities to the north, not Woodbury, if people know that no one is going to chase them, they keep getting away with crimes. He likes that we assess and thinks we should pursue, because people are aware where they can commit crime and no one is going to chase them. Mayor Bailey stated we have a teenager with mental health issues and repeated calls, but when you're called to a situation/person with whom you might not be familiar, do you ask specific questions before you go into those situations? Sergeant Petersen replied yes, we gather as much information as we can before we jump in with both feet; that information can come from Dispatch or many times we'll call the reporting party or the family or bystanders. We're teaching our officers to slow down their response; we used to just fly into everything and find ourselves with all kinds of problems. We really want them to slow down their response, gather as much information as they can, and then not fully commit themselves; we call it time -distance -cover. We don't want to put ourselves in a situation an officer is close to the criminal or mentally ill person, doesn't City Council Meeting Minutes February 1, 2023 Page 24 have any cover, and doesn't have any options. The only option the officer has is to protect himself/herself by shooting that person or using some type of force. Slowing down that response, using time -distance -cover, using all of our resources to our maximum benefit is the model that we've been using for years, and it's showed great dividends. Captain Rinzel stated sometimes we'll call them or a family member, explain we know the situation, and ask them to come outside to talk to us. If you're in a room in a house, there are weapons everywhere inside a house, and they know where those are; so, we want to get them to an area where we're all on the same playing field. Many times we tell the people to come outside to us, then we'll assess from there. Sometimes that's done from the end of the driveway; if an officer can run around their squad without having to use force, that's what the officer will do. The officer can also drive away if necessary. The minute you're inside the house, you're stuck; you've got three feet to make a decision, and this person just grabbed a kitchen knife. The officers train to protect themselves and others. Unfortunately, that's what we're seeing nationally, as there are just more people who are in conflict with mental illness or others who aren't otherwise getting help, and we become the stopgap. Anytime that we can remove ourselves in time -distance -cover, we think about what we can do to mitigate the situation, even if they have a knife; can I get in my squad, roll up the window, and drive away? Then I don't have to use force. We have to take all of those things into consideration. Council Member Olsen asked regarding the amount of training that we do, the resources that are available, with your experience in interacting with other departments in the state or nationally, what are other officers saying about how this information impacts our ability to both recruit and retain top quality talent in the City? Sergeant Petersen stated with absolute certainty that we're looked at with envy by the rest of the county with the amount of training time and tools that we have, and our support from the City Council. The officers are completely envious of it. One would think that would be an incredible recruiting tool, but he doesn't think we've maximized that to its full potential yet. They see it, but he just doesn't think we're leveraging it enough. As far as nationally or regionally, again we have to find a way to make that known to people; all officers want more training, tools, support from their community and the Council Members. That's every cop's dream. Captain Rinzel stated we're fully staffed, only down one officer, but there are other departments that have been short staffed since 2019; so, while we're fully staffed, our problem is we're getting good C.S.O. candidates, we watch them for a year, they're great candidates, but other departments are grabbing them. Every one of our C.S.O.s has been hired at another agency when we haven't had an opening. So, while we're fully staffed, Woodbury, St. Paul Park, Oakdale, and Washington County are not. Council Member Olsen stated there are several metro departments that are in the news for being woefully short staffed. It seems like we've been able to get applicants when we post, so wants to know if this is part of the reason why. Captain Rinzel stated he thought our C.S.O.s see that when they work here, and they want to stay because we've had a lot of C.S.O.s who have left, gone somewhere City Council Meeting Minutes February 1, 2023 Page 25 else, got experience somewhere else, and then come back. If he were a betting man, he'd guess that would probably occur with the next opening. Once they see it and live it, they want to come back. Council Member Olsen stated with the HERO Center, we get so many different agencies who come through there, so that's another opportunity to just show people that this is what it's all about in our community. He asked Officer Bailey if he agreed, and he replied absolutely. He's talked with other officers throughout the county who say if they had to leave where they're currently working, they'd want to work at Cottage Grove. People see our high value in training and our department is supported by our community, and they love that. It's a good feeling, being an officer in Cottage Grove, hearing others state that we're doing it right; out of all of these agencies, they would pick us if they were to leave their current agency. Captain Rinzel said there's a lot of recruitment right now, with sign -on bonuses of $10,000 to $15,000. It's becoming the norm, but he's personally very much against that. He's got 44 people who already have the blood, sweat, and tears in here. If in the future we have to think about what it is that we're offering that can keep them here once they're here, as there's always the enticement to leave for another organization; they'll do anything to keep people and recruit people from other organizations. Right now, we have a C.S.O. who isn't finished with school until May, not even POST eligible until June, but he's already got a job offer from another organization. This never happened in the past with other departments and cities; you'd never steal from others. Council Member Khambata stated what concerns him about that is in other areas of economics when you're short staffed, that's when organizations start making concessions on what their minimum standards are, who they're willing to accept. If they're that desperate, then they're going to take somebody who maybe has a little bit more colorful past or maybe doesn't have a Bachelor's degree, so now will accept an Associate's degree. That's concerning to him and asked if we were doing that; Captain Rinzel replied no. Council Member Olsen stated Sergeant Petersen mentioned the support of the community. He's firmly of the belief that one reason the community is so supportive of our department is our department is so good. Those statistics point to an exceptional group of people who work in our Public Safety team, specifically, law enforcement. The public watches the news, too. When our officers are at events, the little kids want to talk to you and look inside the squads because you're approachable, professional, and you're so well trained that we're not in the news. It's easy to be supportive of such a great department. We want you to know that you're appreciated. Like Mayor Bailey said, everybody gets home safe; that's the key, and it's our responsibility to make sure that you have all the people, all the tools, all the training, everything you need to make that happen every day. Captain Rinzel stated a testament to an agency is how many of their cops live in the town they're policing. Also, if you live here, you treat everybody well, as you might run into them at the local grocery store. All Council Members and Mayor Bailey stated it was good information, commended them on the presentation, and thanked them. City Council Meeting Minutes February 1, 2023 Page 26 14. WORKSHOPS — CLOSED TO PUBLIC - None. 15. ADJOURNMENT Motion by Council Member Olsen, second by Council Member Thiede, to adjourn the meeting at 9.02 p.m. Motion carried: 5-0. Minutes prepared by Judy Graf and reviewed by Tamara Anderson, City Clerk.