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HomeMy WebLinkAbout2010-01-06 MINUTES COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting January 6, 2010 OPEN FORUM Open Forum provides a person an opportunity to inform the Council of a problem or to request information related to City business not scheduled for Council action and not on the agenda. Persons must limit remarks to two (2) minutes. The following were present: Mayor Myron Bailey, Council Member Pat Rice, Council Member Jen Peterson, Council Member Justin Olsen and Council Member Mark Grossklaus. The following were absent: None. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Howard Blin, Community Development Director; Corrine Heine, City Attorney-Kennedy & Graven; Craig Woolery, Public Safety Director; Jennifer Levitt, City Engineer; 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. There being none, Mayor Bailey closed Open Forum to the Regular Meeting. CALL TO ORDER – Regular Meeting The City Council of the City of Cottage Grove, Washington County, Minnesota, held a th regular meeting on January 6, 2010 at the Cottage Grove City Hall, 7516 80 Street South. Mayor Bailey called the 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 Pat Rice, Council Member Jen Peterson, Council Member Justin Olsen, and Council Member Mark Grossklaus. The following were absent: None. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Brenda Peper, Financial Analyst; Robin Roland, Finance Director; Howard Blin, Community Development Director; Corrine Heine, City Attorney-Kennedy & Graven; Craig Woolery, Cottage Grove City Council 2 January 6, 2010 Regular Meeting Public Safety Director; Jennifer Levitt, City Engineer; and Les Burshten, Public Works Director. Mayor Bailey presided over the meeting. 1.ADOPTION OF AGENDA MOTION BY COUNCIL MEMBER RICE, SECONDED BY COUNCIL MEMBER GROSSKLAUS, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 5-0. 2.PRESENTATIONS A.Swearing In Presentations City Administrator Schroeder introduced and administered the oaths of office to Bob Bray, Bruce Bunnell, and John Johnson as Firefighter/EMTs for the City. Fire Services Chief Byerly expressed his personal congratulations. 3.APPROVAL OF MINUTES – None. 4.CONSENT CALENDAR MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO: A.ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES – NONE. B.APPROVE THE 2010 CURRENCY EXCHANGE LICENSE RENEWAL APPLICATION THROUGH THE MINNESOTA DEPARTMENT OF COMMERCE TO TINA LUYMES, DBA IN CONCERT, LOCATED AT 7280 EAST POINT DOUGLAS ROAD, COTTAGE GROVE. C.RECEIVE THE UPDATE FROM STAFF ON THE 2010 FUEL CONSORTIUM PURCHASE PROGRAM. D.DESIGNATE THE SOUTH WASHINGTON COUNTY BULLETIN AS THE CITY’S OFFICIAL NEWSPAPER FOR 2010. E.AUTHORIZE THE PURCHASE OF ONE (1) APX 7000 VHF/700/800 MULTI- BAND PORTABLE RADIO FOR APPROXIMATELY $5,600.00 AND AUTHORIZE FIRE SERVICES CHIEF TO REQUEST REIMBURSEMENT THROUGH THE METROPOLITAN EMERGENCY SERVICES BOARD. F.REAFFIRM THE CITY’S PUBLIC PURPOSE EXPENDITURE POLICY. G.APPROVE THE 2010 CITY COUNCIL MEETING SCHEDULE WITH THE FOLLOWING CHANGES: Cottage Grove City Council 3 January 6, 2010 Regular Meeting i.CANCEL THE AUGUST 4 AND AUGUST 18 REGULAR MEETINGS AND SCHEDULE A REGULAR MEETING FOR AUGUST 11; AND ii.SCHEDULE THE 2011-2012 BUDGET WORKSHOP SESSIONS FOR JULY 28, AUGUST 4 AND IF NEEDED, AUGUST 18. H.APPROVE THE APPOINTMENT OF ALEX CHERNYAEV TO THE CITY’S PUBLIC WORKS COMMISSION FOR A TERM TO EXPIRE FEBRUARY 28, 2010. I.AUTHORIZE THE CITY ADMINISTRATOR TO SUBMIT A PROPOSAL TO THE CITY OF NEWPORT FOR BUILDING INSPECTION SERVICES FOR THE PERIOD BEGINNING MAY 1, 2010 THROUGH MAY 1, 2011 WITH AUTOMATIC RENEWALS FOR ADDITIONAL ONE YEAR TERMS ON MAY 1, 2011 AND ON MAY 1, 2012, AND THE CITY OF NEWPORT WILL PAY COTTAGE GROVE 25% OF THE TOTAL PERMIT REVENUE COLLECTED. MOTION CARRIED. 5-0. 5.RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES – None. 6.PUBLIC HEARINGS A.Consider Authorizing Issuance of a Massage Business License to Ramona Westerberg DBA The Healing Place of Cottage Grove City Administrator Schroeder stated the purpose of the public hearing was to consider authorizing the issuance of a massage business license to Ramona Westerberg and noted that this is a relocation of her business from 7850 Lamar Avenue South to 8617 West Point Douglas Road South in the Point West Business Center. A background has been conducted and no facts were found that would constitute a basis for denial of the application. Mayor Bailey opened the public hearing to afford the applicant and all interested persons an opportunity to be heard. There being none, Mayor Bailey closed the public hearing. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER RICE, TO AUTHORIZE THE ISSUANCE OF A MASSAGE BUSINESS LICENSE TO RAMONA WESTERBERG DBA THE HEALING PLACE OF COTTAGE GROVE, TO OPERATE AT 8617 WEST POINT DOUGLAS ROAD SOUTH (POINT WEST BUSINESS CENTER). MOTION CARRIED. 5-0. 7.BID AWARDS – None. 8.UNFINISHED AND NEW BUSINESS Cottage Grove City Council 4 January 6, 2010 Regular Meeting A.Appoint Mayor Pro Tem and Ratify Appointments to Various Committees and Commissions MOTION BY COUNCIL MEMBER GROSSKLAUS, SECONDED BY COUNCIL MEMBER RICE, TO APPOINT COUNCIL MEMBER GROSSKLAUS AS MAYOR PRO TEM FOR 2010 AND TO RATIFY MAYOR BAILEY’S APPOINTMENTS OF REPRESENTATIVES OR LIAISONS TO THE FOLLOWING COMMISSIONS AND COMMITTEES FOR 2010:  Economic Development Authority – Myron Bailey and Justin Olsen  Historic Preservation Advisory Committee – Mark Grossklaus  Human Services/Rights Commission – Jen Peterson  Planning Commission – Justin Olsen  Parks, Recreation and Natural Resources Commission – Mark Grossklaus  Public Safety, Health and Welfare Commission – Justin Olsen  Public Works Commission – Pat Rice  Strawberry Fest Committee – Jen Peterson  Investment Committee – Myron Bailey and Pat Rice  Red Rock Commuter Rail – Myron Bailey and Jen Peterson  South Washington Cable Telecommunications Commission – Pat Rice  South Washington Watershed District – Jennifer Levitt and Howard Blin  Intergovernmental Committee – City Council  Mayors Advisory Committee – Myron Bailey  Holiday Train Committee – Myron Bailey  Infrastructure Maintenance Task Force – City Council  Environmental Task Force – Justin Olsen MOTION CARRIED. 5-0. B.Consider Application of John Kooyman for a Conditional Use Permit to Allow Installation of a 113-foot Tall, 10-Kilowatt Wind Turbine at 6749 Geneva Avenue South Community Development Director Blin stated that John Kooyman applied for a conditional use permit to install a 113-foot tall, 10-kilowatt Wind Energy Conversion System (WECS) at 6749 Geneva Avenue South, Cottage Grove. He stated the application meets the performance standards for WECS included in the City Code (Title 11-4-6). He stated it does not appear that they would comply with State and local noise regulations. Community Development Director Blin stated there are two (2) resolutions drafted for Council consideration - one to approve the conditional use permit and one to deny the conditional use permit application of Mr. Kooyman. Mayor Bailey asked if Council had any questions for Community Development Director Blin at this time. Cottage Grove City Council 5 January 6, 2010 Regular Meeting Mayor Bailey invited the applicant, Mr. Kooyman, to address the Council. Mr. John Kooyman, 6749 Geneva Avenue South, Cottage Grove, stated he has quite a bit of data to present tonight. Mr. Kooyman stated he received a copy of the Staff report dated December 30, 2009 and would like to respond to some of the issues raised in the report: a.Noise Standards. Mr. Kooyman stated the Minnesota Pollution Control Agency (MPCA) does not have specific noise guidelines for wind turbines and they recommend measuring the noise decibel when the winds are in the average range. He stated that using the average wind speed in Cottage Grove of 13.5 miles per hour, and measuring the distance from the blade tip to the ground, we would receive an 18-18.5 decibel reading at the property line; with a wind speed of 29 miles per hour, we would receive a 52.01 decibel reading and both would be within the 50 to 55 decibel range. b.University of Massachusetts at Amherst and Minnesota Department of Health Studies. Mr. Kooyman stated the two (2) studies mentioned in the Staff Report, deal with large wind turbines. There was verbiage in one of the studies that indicated that small wind turbines should not be held to the same standards as large wind turbines. Mr. Kooyman stated he and his daughter took a look at the wind turbine at McAlister College in St. Paul, which is a 10-kilowatt wind turbine on their property. He stated it was a different manufacturer than their proposal but it is the same size unit and it would be on approximately the same size tower. He stated they had a decibel meter and took some readings. During the 12-mile-per-hour wind at about 156 feet away from the unit, the decibel meter would not register noise. c.Property Values. Mr. Kooyman stated on page 5 of the Staff Report it discusses the property value issue. He stated that he did not feel that Staff presented any information that would support the claim that the existence of a wind turbine would affect property values, except for the references they made at the last meeting from local real estate agents and developers. Mr. Kooyman then referred to information he received from American Wind and Energy that in the last 12 years that have installed about 5,000 wind turbines and have had no issues relating to property values. He stated he was bothered that City Staff and Bailey Nurseries are pre- judging what the homebuyer sentiments will be in the future. d.Existing Structures. Mr. Kooyman stated he would like to reaffirm that there are existing structures visible from the property and presented a photographs of an existing 154-foot cell phone tower at the end of Geneva Cottage Grove City Council 6 January 6, 2010 Regular Meeting Avenue, a communications tower at the end of Geneva Avenue, some power lines through an adjacent development and the City water towers. He indicated it was his opinion that they have met all of the requirements within the City’s Wind Energy Conversion System Ordinance. Mr. Kooyman then highlighted positive issues to consider: 1.The energy generated by a wind turbine is created without producing green house gases; 2.No fossil fuels are burned by wind turbines to generate electricity; 3.No spent radioactive nuclear rods need to be stored; 4.The unit is manufactured in Canada but duties are paid to the United States when the unit crosses the border; 5.Diesel fuel is used by the trucker; 6.The trucker is paid to deliver the unit; 7.Someone needs to dig the foundation; 8.Someone needs to pour the concrete; 9.He needs to hire an electrician; 10.Permit fees are paid to the City of Cottage Grove; 11.No water pollution from runoff at the site; 12.No fuel is used to mine, transport, or restore this type of energy; 13.This is a sustainable energy source, we can use as much as we can today and there will be more tomorrow; 14.Electricity produced by the wind turbine will not only benefit his family, but will also provide additional electricity that will be fed back to Xcel energy for others to use; and 15.The Federal and State governments are both behind renewable energy. Mr. Kooyman stated there is verbiage in the approval resolution that he felt was unacceptable. He stated that condition number 5 in the resolution states, if the City receives more than three (3) noise complaints about the WECS in any given six (6) month period, the City may require that the property owner facilitate the completion of a noise study that includes measurement data of the WECS in daytime, night time, high and low wind conditions and infrasound. The noise study shall be submitted to the City for review and action, and if the noise study indicates that the noise of the WECS exceed the ordinance criteria, the conditional use permit will be reviewed by the City Council for possible revocation.” Mr. Kooyman suggested amending the condition to read: “..noise study at the expense of the accuser” or to delete the condition completely. He stated there is already verbiage in the Ordinance that requires the owner to cooperate in taking reasonable mitigating measures if problems occur. Mr. Kooyman stated at the last Council meeting, Council Member Peterson asked if he could shut the unit down if there were complaints. He stated he confirmed with the manufacturer that the turbine could be shut down at any speed. Cottage Grove City Council 7 January 6, 2010 Regular Meeting Mr. Kooyman stated he would request the Mayor to poll each Council Member individually to record their vote. That would give the residents a better understanding of how each individual Council Member stands on this issue. Mr. Kooyman said thank you for considering his permit application. Mayor Bailey asked if anybody on the Council had any questions for the applicant at this time. Community Development Director Blin stated if the City receives complaints and the applicant is required to complete a noise study and it demonstrates that they do not exceeding the noise requirements, he stated he did not think Staff would ask for another study six months later. He confirmed that the Council could include a condition that states, for winds in excess of a certain speed, the wind generator would be shut down. That would not make economic sense to the applicant. Mr. Kooyman confirmed if the City receives any complaints, he could set the generator to shut down. Community Development Director Blin stated he could add some language that states if there are noise complaints the applicant would have to take this action. Mayor Bailey stated he visited the wind turbine located just south of Hastings, and did not find it visually obtrusive. Unfortunately, it was not running at the time. Mayor Bailey asked if there were any comments from the Council. Mayor Bailey asked if there was anyone in the audience who would like to speak on this item. Mr. John Bailey, 1345 Bailey Road, Newport, representing Bailey Nurseries, stated there are some issues he needed to clarify. He stated their property located north of the applicant is slated for a future residential development. They have already discontinued growing long-term nursery crops on this property. He asked the Council to look at the negative effects that a wind turbine would have on their future ability to develop their property. Mr. Bailey outlined some of the negative effects: 1.Visual Impact. Mr. Bailey displayed photographs of the water towers and other structures visible in the area. He pointed out that there is a clear distinction between a water tower and a residential wind turbine. A water tower is a public utility that is deemed appropriate for the existing and future development. A wind turbine does not just sit there, stationary in the background as a water tower does. During his research, he found a wind turbine could cause a visual effect called “shadow flicker”, which is a health Cottage Grove City Council 8 January 6, 2010 Regular Meeting condition that can cause problems in some people such as dizziness and nausea. 2.Noise Impact. Mr. Bailey stated that City Staff has made it very clear that the proposal does not meet the performance standards that the City has as it relates to noise. 3.Property Values. Mr. Bailey stated these issues would make many of the lots on their property less attractive to the homeowner and it would make the property less desirable to anybody interested in developing it. He stated that the economic impact to Bailey Nurseries is real and it is substantial. Mr. Bailey stated he talked to three (3) developers and real estate agents. Every one of them emphatically stated that this proposal would be a huge financial burden for Bailey Nurseries and for the development of his property and the lots nearest to the wind turbine would be significantly devalued and potentially worthless due to the close proximity of the wind turbine. Mr. Bailey stated the proposal they are being asked to consider is for the sole benefit of the applicant and will negatively impact Bailey Nurseries monetarily and make their property less desirable. He stated that Mr. Kooyman’s application should be denied. He stated that the City has some very specific criteria in the Zoning Code for the issuance of Conditional Use Permits: 1.Number 2 states that the use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district. This clearly does not match up. 2.Number 3 states that the use shall not depreciate the values of surrounding property. Mr. Bailey stated that if this permit is approved, their property would be devalued. 3.Number 4 states that the use shall not be hazardous, detrimental or disturbing to present or potential surrounding land uses due to noise, vibration, general unsightliness, and other nuisances. Mr. Bailey stated we have talked about the noise and unsightliness and again this proposal does not comply with this point. 4.Number 10 states that the use shall not adversely affect the potential development of adjacent vacant land. Mr. Bailey stated it would adversely affect the potential development plans of the property. Mr. Bailey stated that common sense dictates that this proposal should not be approved since the City’s own criteria does not allow for this proposal. He thanked the Council for letting him address the Council. Cottage Grove City Council 9 January 6, 2010 Regular Meeting Betsy Dippel, resident of Grey Cloud Trail, Cottage Grove; Eric Montgomery, 6809 Cattail Court South, Cottage Grove; Ms. Kooyman, 6749 Geneva Avenue South, daughter to John Kooyman; and Mr. Tony Gergens voiced support for the application. Mayor Bailey asked if Council had any questions from staff or whether the Council would like to make a motion one way or the other. Council Member Peterson commented that when this matter came before the Planning Commission, there was one (1) person who spoke in opposition to the application and notices were sent out to property owners within 500 feet of the property. Community Development Director Blin stated that is correct and only one (1) person spoke against the application. Mayor Bailey stated part of the issue with all of this is the newness of wind generators and when you drive by one, you cannot picture it sitting in your neighborhood. That is why he needed a visual perception of how big they are. He stated the only issue that Council has a little contention or concern about has to do with noise. Some of the fear that a lot of people have has to do with the unknown. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2010-001, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT APPLICATION OF JOHN KOOYMAN TO ALLOW THE INSTALLATION OF A WIND ENERGY CONVERSION SYSTEM AT 6749 GENEVA AVENUE SOUTH, COTTAGE GROVE, WITH THE UNDERSTANDING THAT CONDITION NUMBER 5 BE AMENDED TO ADD VERBIAGE STATING IN THE EVENT THAT THERE ARE COMPLAINTS, CITY STAFF WOULD CONTACT THE APPLICANT AND THE APPLICANT WOULD HAVE TO TAKE ACTIONS TO SATISFY THE CITY THAT THEY COMPLY WITH THE NOISE REGULATION. Mayor Bailey asked if the applicant was fine with that language and Mr. Kooyman responded affirmatively. City Attorney Heine stated if the CUP is issued and the operation of the wind turbine is in violation of the City’s noise standards, the next step would be to take whatever mitigating measure would be appropriate to make it come into compliance. Turning it off during high wind speed would probably be the next step. She stated if for example it were not possible to operate the wind turbine at all at any speed without violating noise standards, then the City would have a basis for revoking the permit. Mayor Bailey stated that the conditional use permit stays with the property. Council Member Rice stated he feels for Mr. Bailey and his property value Cottage Grove City Council 10 January 6, 2010 Regular Meeting concerns but he did not think this would affect his property values. This is technically going to be allowed because of the zoning requirements. He stated he is ready to vote yes on the resolution. Council Member Grossklaus stated for future reference if the turbine is obsolete would they have to come back and apply for another CUP. Community Development Director Blin stated if they had to install a new wind turbine and it was not the same dimensions, the property owner would have to apply for a new conditional use permit. UPON VOTE BEING TAKEN, MOTION CARRIED. 5-0. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS – None. 10. COUNCIL COMMENTS AND REQUESTS Council Member Grossklaus thanked Public Works, Public Safety, and City staff for doing a great job over the holidays. Mayor Bailey stated the Parks and Recreation Department will be hosting a Skate Night at Highland Park on January 16 from 3:00 to 7:00 pm. He also stated that Cottage Grove residents are invited to attend a Minnesota Gopher Women’s Basketball game on Sunday, January 24, 2009 versus Michigan State University. 11. PAY BILLS MOTION BY COUNCIL MEMBER GROSSKLAUS, SECONDED BY COUNCIL MEMBER RICE, TO APPROVE PAYMENT OF CHECK NUMBERS 165424 THROUGH 165617 TOTALING $538,231.47. (CHECK NUMBERS 165424 THROUGH 165452 and 165608 THROUGH $165617 TOTALING $265,712.11 WERE ISSUED PRIOR TO COUNCIL APPROVAL). MOTION CARRIED. 5-0. 12. WORKSHOP SESSION – OPEN TO PUBLIC – None. City Attorney Heine stated she is recommending that the Council temporarily adjourn the regular meeting to a closed session. She stated that court decisions require that the attorney advise the Council why a closed session is necessary and in this case there has been a decision of the Board of Water and Soil Resources that is adverse to the position taken by the City of Cottage Grove and other members of the Watershed District. She stated that she would like to provide advice to the Council regarding options concerning an appeal, and in order to do that it involves discussion of possible strategies and risks of litigation and requires absolute confidentiality. 13. WORKSHOP SESSION – CLOSED TO PUBLIC MOTION BY COUNCIL MEMBER RICE, SECONDED BY COUNCIL MEMBER GROSSKLAUS, TO CLOSE THE MEETING. MOTION CARRIED. 5-0. Cottage Grove City Council 11 January 6, 2010 Regular Meeting The following were present: Mayor Myron Bailey, Council Member Pat Rice, Council Member Jen Peterson, Council Member Justin Olsen and Council Member Mark Grossklaus. Also present: Ryan Schroeder, City Administrator; Jennifer Levitt, City Engineer; and Caron Stransky, City Clerk. The Council met in closed session to discuss with the City Attorney potential litigation. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADJOURN THE CLOSED WORKSHOP SESSION AND RECONVENE THE REGULAR MEETING. MOTION CARRIED. 5-0. ADJOURNMENT MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADJOURN THE REGULAR MEETING AT 9:24 P.M. MOTION CARRIED. 5-0. Respectfully submitted, Caron M. Stransky City Clerk