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Home My WebLink About2012-04-18 MINUTESCOTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota 7516 80t' Street South Cottage Grove, MN 55016 Regular Meeting April 18, 2012 OPEN FORUM Mayor Myron Bailey opened Open Forum at 7:15 p.m. and stated that during Open Forum a person may address the City Council on subjects not a part of the regular meeting agenda, but must limit their remarks to two (2) minutes per person. The purpose of Open Forum is to provide the public an opportunity to provide information or to request action by the City Council. It may not be used to make personal attacks, to air personal grievances, to make political endorsements, or for political campaign purposes. Open Forum will adjourn to the regular meeting promptly at 7:30 p.m. to the regular meeting. The following were present: Mayor Myron Bailey, Council Member Derrick Lehrke, Council Member Justin Olsen, Council Member Jen Peterson, and Council Member Dave Thiede. The following were absent: None. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Corrine Heine, City Attorney- Kennedy & Graven; Jennifer Levitt, City Engineer; Craig Woolery, Public Safety Director; and Les Burshten, Public Works Director. Mayor Bailey opened Open Forum at 7:15 p.m., and asked if anyone in the audience wished to address the City Council on any topic not on the agenda. Michelle Rameriz, 8577 Greenway Avenue South, Cottage Grove, presented a letter in opposition to the 3M Incinerator noting that the City needs to look at alternative forms of energy, including solar or wind. She stated that she would like someone on the City Council to contact her regarding backyard burning. Gerald Befort, 8000 Gary Blvd South, Cottage Grove, addressed the City Council regarding the train whistle that keeps blowing behind the Holiday Station and that he thought the work was going to be completed in June. City Engineer Levitt stated that the City would be awarding a bid on this project at the second City Council meeting in May 2012 with work commencing in June 2012. Kathy Lewandoski, 9043 75 Street South, Cottage Grove, asked the City Council why they have not done for the Drive -in what they have done for Norris Square when they were in default. Apparently the City took their estimated taxable market value and decreased it over Cottage Grove City Council April 18, 2012 Regular Meeting $7 million so they paid only $1.6 million. She also commented on incidents involving the Mayor's son and wife. 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 regular meeting on April 18, 2012 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 Derrick Lehrke, Council Member Justin Olsen, Council Member Jen Peterson, and Council Member Dave Thiede. The following were absent: None. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Corrine Heine, City Attorney- Kennedy & Graven; Jennifer Levitt, City Engineer; Craig Woolery, Public Safety Director; and Les Burshten, Public Works Director. Mayor Bailey presided over the meeting. ADOPTION OF AGENDA MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 5 -0. 2. PRESENTATIONS A. Recognize Ben Franczok for his Years of Service as a Member of an Advisory Commission Mr. Franczok was not present. No action taken. Cottage Grove City Council April 18, 2012 Regular Meeting B. Girl Scout Troop 53816 Take Action Project Girl Scout Troop 53816 gave a presentation on recycling aluminum cans and plastic bottle within the City of Cottage Grove and encouraged the City to place containers in City parks. Public Works Director Burshten stated that he would pass this information along to the City's Parks and Recreation Director, Zac Dockter. 3. APPROVAL OF MINUTES A. February 15, 2012 City Council Regular Meeting Minutes Council Member Lehrke stated that there is a verbatim of the minutes included in the Packet and he recommended amending Page 2 of Item 8. B. ii of the February 15 Regular Meeting as follows: • Following paragraph 3 add: Peterson said "yea ", Bailey said "it's on line". • Council Member Lehrke stated he was holding it in his hand which is what was sent to me. So that means... • Mayor Bailey responded yes. So did Council Member Olsen and City Administrator Schroeder • ... "in Council Member Lehrke's hand ". Right, but that is not the list of who we are submitting. Council Member Olsen said "Oh I see ". • ...change the list on the agenda, Mayor Bailey interjected and City Administrator Schroeder stated that today, as he became aware of more information. • City Administrator Schroeder responded "yes ". Mayor Bailey said "yes Council Member Lehrke stated that the verbatim actually ends with a comment by Council Member Thiede and then it says that we took a vote, but there was actually further conversation after that where he actually responded to what Council Member Thiede said. Administrator Schroeder responded to him and he responded again. The following are the things that he would add to the verbatim. Council Member Lehrke followed up. He did not find this to be a total waste of time because Council Member Thiede is right, what was documented in video is what happened. And that is why when he brought up the concern to the City Administrator and the Mayor, he even documented what hour and minute to watch in the video saying here is where the mistake was. They chose and somehow through a conversation or an email to the rest of the council, a decision was made to continue to move forward with an action that is not Cottage Grove City Council April 18, 2012 Regular Meeting �+ what happened. It is not what was voted on, it was not the discussion, and this body moved forward with something that was opposite of what they decided, and opposite of what they voted on. And the minutes are supposed to reflect what happened in the meeting. So then five years from now, or because they are only online for one year, you can go back and look at the minutes and see what happened at the meeting. Not what was incorrectly reported? City Administrator Schroeder stated he believes the confusion was a matter of semantics. He explained when we questioned he was thinking of a different list. And he thought there could have been similar confusion. When Council Member Lehrke brought up the issue of confusion to him (via email) his response to that was to independently ask each Councilmember, which he did though and email, he didn't poll the Council he asked for them to respond individually to him as to what their intent was in their motion. He does not remember the specifics, but he remembers the process. The question was something to the effect of, what did you intend while you were voting? What he received back from a preponderance of the folks that responded, which may have been four, that the intent was to adopt the resolution as it was presented in the packet, as to the names or numbers of names on the list. Subject to removing the recommendation language. So it is his belief that the council majority on that motion were affirming that we were passing on those 13 names. And he knows there was some confusion about what the question really was. While speaking for himself, he is not 100% certain as to what the question was. Council Member Lehrke responded that the correct response would have to be the item back up for reconsideration. Because this body is only formed when it's formed. You can't take actions outside of a meeting. Things cannot be changed outside of this meeting. He they thought to stop confusion we should follow Robert's Rules better. And he goes over arguments he already made. MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER THIEDE, TO AMEND THE VERBATIM PREPARED BY THE CITY CLERK OF THE FEBRUARY 15, 2012 REGULAR MEETING AS RECOMMENDED BY COUNCILMEMBER LEHRKE. Council Member Peterson stated that on page 20 of the electronic packet, it refers to her as Mayor Peterson and she asked that it be corrected. Council Member Peterson then stated that on page 22 of the electronic packet, it says: Motion Carried 4 -1 (Olsen Abstained). She asked if that was how an abstention is counted. City Attorney Heine stated that the way she has seen it recorded is: Ayes, Nays and then Abstention. In this care it should read 4 -0 -1 with Council Cottage Grove City Council I 5 April 18, 2012 Regular Meeting Member Olsen abstaining. City Administrator Schroeder stated that Staff is recommending that the City Council accept the minutes from the February 15, 2012 meeting by amending Section 8. B. ii on Page 6 to include the following wording that is underlined: Council Member Olsen read aloud the names of the applicants for the Charter Commission submitted by the petitioners, submitted to the City, or submitted directly to the Court. The City Council discussed the wording in the proposed resolution and where applicants were instructed to deliver their applications and which names were included in the resolution. City Administrator Schroeder stated that those are the changes we are suggesting to the minutes. The verbatim is not being added to the minutes, it is basically a report to the Council from the City Clerk stating that in her review of the minutes, this is the discussion as it occurred. Mayor Bailey stated that we have a motion and a second to accept the information that Council Member Lehrke has provided as verbatim but not changes to the actual minutes. City Administrator Schroeder stated that if the City Council approves this motion, it would only change the verbatim report submitted by the City Clerk. UPON VOTE BEING TAKEN ON MOTION AS AMENDED BY COUNCILMEMBER PETERSON, MOTION CARRIED. Mayor Bailey asked the City Clerk to conduct a roll call vote on the motion. COUNCIL MEMBER LEHRKE VOTED AYE, COUNCIL MEMBER PETERSON VOTED AYE, COUNCIL MEMBER OLSEN VOTED NAY, COUNCIL MEMBER THIEDE VOTED AYE, AND MAYOR BAILEY VOTED NAY. MOTION CARRIED. 3 AYES — 2 NAYS. Council Member Lehrke asked the City Council if they would be amenable to adding a line to the February 15, 2012 minutes that there is a verbatim report of this conversation and it is available in the packet for the April 18, 2012 regular meeting, or to just include it with the minutes so that it is crystal clear. City Attorney Heine suggested including a provision in the February 15, 2012 minutes stating that further discussion or detail is available in the April 18, 2012 minutes. She stated that if the City Council has concern that it is not an accurate verbatim transcription, then you can defer the minutes until the next meeting and have it verified, and then approve the minutes at a subsequent meeting. MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER OLSEN, TO ADD A REFERENCE TO ITEM 8. B. Cottage Grove City Council G April 18, 2012 Regular Meeting V iii STATING THAT FURTHER DISCUSSION OR DETAILS REGARDING THE FEBRUARY 15, 2012 MINUTES IS AVAILABLE IN THE APRIL 18, 2012 REGULAR MEETING COUNCIL PACKET. Council Member Olsen expressed concern about using the term "verbatim" notes. City Attorney Heine stated that a better term to use versus "verbatim" notes is a "Description of the Proceedings ". Council Member Olsen stated that he was in favor of changing the title to a "Description of the Proceedings ". Council Member Lehrke stated that he did not see a problem changing the word verbatim to a "Description of the Proceedings ". City Attorney Heine stated that for the record, you might want to clarify exactly what the motion is. City Attorney Heine stated that there will be a notation made in the minutes after Item 8.B.iii that states that further discussion or details regarding the February 15, 2012 minutes is available in the April 18, 2012 regular meeting Council Packet. Council Members Lehrke and Olsen concurred with the motion and to adjust the motion to remove the word verbatim and add the term "Description of Proceedings ". UPON VOTE BEING TAKEN ON THE MOTION AS AMENDED BY COUNCIL MEMBER LEHRKE AND COUNCIL MEMBER OLSEN, MOTION CARRIED. 5 -1. Council Member Lehrke stated that at the end of Item 8.B.ii prior to "UPON VOTE BEING TAKEN, MOTION CARRIED. 5 -0, he would like to amend the minutes by adding that Council Member Peterson stated she was okay with the amendment and Council Member Olsen stated that he would second it as a friendly amendment, and then to accept the minutes as amended. MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER OLSEN, TO ADD AT THE END OF ITEM 8.B.ii, PRIOR TO "UPON VOTE BEING TAKEN, MOTION CARRIED. 5 -0 ": THAT COUNCIL MEMBER PETERSON STATED THAT SHE WAS OKAY WITH THE CITY ATTORNEY'S AMENDMENT AND COUNCIL MEMBER OLSEN STATED THAT HE WOULD SECOND THE AMENDMENT; AND WITH THIS AMENDMENT, TO APPROVE Cottage Grove City Council April 18, 2012 Regular Meeting THE MINUTES OF THE FEBRUARY 15, 2012 REGULAR MEETING MINUTES AS AMENDED. MOTION CARRIED. 5 -0. 4. CONSENT CALENDAR The Council pulled items I, J and K from the consent calendar for discussion purposes. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO: A. ACCEPT AND PLACE ON FILE THE MINUTES OF THE: i. FEBRUARY 21, 2012 PUBLIC SAFETY, HEALTH AND WELFARE COMMISSION MEETING. ii. MARCH 12, 2012 PUBLIC WORKS COMMISSION MEETING. iii. APRIL 9, 2012 PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION MEETING. B. AUTHORIZE ISSUANCE OF A SINGLE- OCCASION GAMBLING PERMIT TO THE COTTAGE GROVE LIONS CLUB TO CONDUCT A RAFFLE ON JULY 17, 2012 AT THE COTTAGE GROVE VFW, 9260 E. POINT DOUGLAS ROAD, COTTAGE GROVE, WITH THE WINNER'S ANNOUNCED ON JULY 17, AUGUST 21 AND SEPTEMBER 18. C. ADOPT RESOLUTION NO. 2011 -032 A RESOLUTION GRANTING A VARIANCE TO ALLOW A PORCH ADDITION TO BE 27 FEET FROM THE REAR PROPERTY LINE WHEN 35 FEET IS THE REQUIRED REAR YARD SETBACK AT 9842 77 STREET SOUTH, COTTAGE GROVE. D. AUTHORIZE ISSUANCE OF A SINGLE- OCCASION GAMBLING PERMIT TO THE PHOENIX RESIDENCE TO CONDUCT A RAFFLE ON JUNE 11, 2012 AT RIVER OAKS GOLF COURSE, 11099 SOUTH HIGHWAY 61, COTTAGE GROVE. E. AUTHORIZE ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSES TO THE ST. PAUL PARK /NEWPORT LIONS CLUB IN CONJUNCTION WITH THE STRAWBERRY FEST AT LAMAR PARK ON JUNE 16, 2012 AND KINGSTON PARK ON JUNE 15 AND 16, 2012. F. ADOPT RESOLUTION NO. 2012 -033, A RESOLUTION PROCLAIMING APRIL 28, 2012 AS ARBOR DAY IN THE CITY OF COTTAGE GROVE AND TO URGE ALL CITIZENS TO CELEBRATE ARBOR DAY AND TO SUPPORT EFFORTS TO PROTECT OUR TREES AND WOODLANDS. FURTHERMORE, TO URGE ALL CITIZENS TO Cottage Grove City Council p April 18, 2012 Regular Meeting o PLANT TREES TO GLADDEN THE HEART AND PROMOTE THE WELL -BEING OF THIS AND FUTURE GENERATIONS. G. APPROVE THE PARTNERSHIP WITH THE SCHOOL DISTRICT AND WASHINGTON COUNTY TO APPLY FOR A 2012 SRTS PLANNING GRANT AND TO PARTICIPATE IN THE CREATION OF AN SRTS PLANNING DOCUMENT IF THE APPLICATION IS SUCCESSFUL. H. APPROVE THE PURCHASE OF A BOBCAT MODEL A770 ALL - WHEEL STEER LOADER WITH ATTACHMENTS FROM TRI STATE BOBCAT, INC., TOTALING $55,443.54, WHICH INCLUDES SALES TAX. APPROVE OPTION 2 OF THE IMAGERY TO SERVE AS AN OPTIONAL ENHANCEMENT TO THE CITY LOGO AND PROCEED WITH HAVING THE CITY MOTTO TRADEMARKED. PULLED FROM CONSENT. K. ADOPT RESOLUTION NO. 2012 -034 A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ESTABLISH A BID DATE OF MAY 24, 2012 FOR THE CITY'S FIBER OPTIC INSTALLATION PROJECT. MOTION CARRIED. 5 -0. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCILMEMBER OLSEN, ADOPT RESOLUTION NO. 2012 -035 A RESOLUTION AUTHORIZING PREPARATION OF A FEASIBILITY REPORT FOR THE EAST POINT DOUGLAS ROAD AND UTILITY IMPROVEMENTS FROM THE VFW TO CSAH 19. MOTION CARRIED. Mayor Bailey asked the City Clerk to conduct a roll call vote. COUNCIL MEMBER LEHRKE VOTED NAY; COUNCIL MEMBER PETERSON VOTED AYE; COUNCIL MEMBER OLSEN VOTED AYE; COUNCIL MEMBER THIEDE VOTED NAY; AND MAYOR BAILEY VOTED AYE. MOTION CARRIED. 3 AYES — 2 NAYS. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES A. Receive Response to Open Forum Comment Regarding Retail Marketing in Cottage Grove The City Council acknowledged the letter forwarded to Mr. George Sirbasku. Cottage Grove City Council April 18, 2012 Regular Meeting No action taken. 6. PUBLIC HEARINGS — None. 7. BID AWARDS — None. 8. UNFINISHED AND NEW BUSINESS A. Consider Passing an Ordinance Removing Reference to a Specific Time Limit During Open Forum in the City Code; Consider Adopting a Resolution Authorizing Publication of the Ordinance by Title and Summary; and to Consider Adopting a Resolution Adopting Open Forum and Public Hearing Policies. The Council discussed the recommendation to pass an ordinance removing reference to a specific time limit during open forum in the City Code; to consider adopting a resolution authorizing publication or the ordinance by title and summary; and to consider adopting a resolution approving open forum and public hearing policies. Mayor Bailey stated that under public hearing policies, it says that the Mayor would ask for public testimony after City staff members have made a presentation. Those interested in testifying would be encouraged to do so. All speakers would be required to fill out a green comment card. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO PASS ORDINANCE NO. 901 AN ORDINANCE REMOVING REFERENCES TO SPECIFIC TIME LIMITS DURING OPEN FORUM IN THE CITY CODE. MOTION CARRIED. 5 -0. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY THIEDE, TO ADOPT RESOLUTION NO. 2012 -036 A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 901 BY TITLE AND SUMMARY. MOTION CARRIED. 5 -0. Cottage Grove City Council 0 April 18, 2012 Regular Meeting MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO ADOPT RESOLUTION NO. 2012 -037 A RESOLUTION CREATING OPEN FORUM AND PUBLIC HEARING POLICIES FOR CITY COUNCIL MEETINGS. MOTION CARRIED. 5 -0. Council Member Lehrke stated he was not in favor of limiting the amount of time that the public could speak during open forum and public hearings. UPON VOTE BEING TAKEN, MOTION CARRIED. Council Member Lehrke asked the City Clerk to conduct a roll call vote. COUNCIL MEMBER LEHRKE VOTED NAY; COUNCIL MEMBER PETERSON VOTED AYE; COUNCIL MEMBER OLSEN VOTED AYE; COUNCIL MEMBER THIEDE VOTED AYE; AND MAYOR BAILEY VOTED AYE. MOTION CARRIED. 4 AYES — 1 NAY. B. Proposal to Update the East Ravine Major Roadway Special Assessment Study Finance Director Roland reviewed the recommendation to update the 2006 East Ravine Major Roadway Special Assessment Study by Stantec at a cost of $12,800. In her report included in the Agenda Packet, it states that "in the six (6) years since the Bonestroo report was produced, several new realities have taken hold, not the least of which is a significant reduction in land valuations ". MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER OLSEN, TO APPROVE THE PROPOSAL TO UPDATE TO THE 2006 EAST RAVINE MAJOR ROADWAY SPECIAL ASSESSMENT STUDY BY STANTEC FOR $12,800. Council Member Thiede stated that the hours proposed look high to him, but he is going to go ahead and authorize the update but he is going to want to see the product when it comes out and see why it took 107 hours for the engineer to do what they did. Mayor Bailey commented that he can attest to being in a couple of meetings with homeowners and developers of the East Ravine area who beat us up about our fees so this is a good way to be able to reassess and make sure that our fees, if they are too high that we will find a way to make them right because there is a perception out there from the developers and homeowners that our fees are considerably higher compared to other communities. UPON VOTE BEING TAKEN, MOTION CARRIED. 5 -0. Cottage Grove City Council April 18, 2012 Regular Meeting C. Consider Approving Conditional Use Permit and Variance for a wind turbine at Werner Electric. The City Council reviewed the recommendation to approve a conditional use permit and variance application to allow the construction of a 20 kW wind turbine consisting of a 99 -foot monopole with a 30 -foot diameter rotor at Werner Electric located at 7450 95 Street South, Cottage Grove. The variance application pertains to the zoning ordinance regulation that requires a 1,320 - foot minimum setback between the wind turbine structure and conservation easements or public parks, to allow the proposed wind turbine to be approximately 230 feet from Hamlet Park's boundary. Senior Planner McCool stated that at the April 4, 2012 meeting, the City Council tabled this matter to this meeting to obtain additional information from Werner Electric on wind direction. Mayor Bailey asked the City Council if they have any questions for Staff at this point. Ben Granley, Director of Operations for Werner Electric, was present to respond to Council questions. Council Member Thiede commented that at the last meeting he had asked if he could get information about wind direction and Werner Electric actually exceeded his expectations with the data. Based on the data, there would be a definite loss of efficiency going to the northeast location. He commented that with the information and the recommendations from the Commissions, he would be voting positively on the applications submitted. Mayor Bailey asked Mr. Granley whether Werner Electric would be willing to bring the homeowners together next spring to give them an opportunity to express any concerns that they may have. Ben Granley responded that they would be open to doing that and added that as a part of their outreach to the local school district, they have somebody on staff that is working with the school district on a business /school partnership. Mayor Bailey asked if the purpose of the unit is to help generate electricity or are you looking at it as a selling /sales opportunity. Mr. Granley stated that it is definitely for power generation. They have plans to expand in the next two to three years and the electricity costs would only go up. He stated that they have looked at the energy costs across the country and they are relatively lucky because right now the cost in Minnesota is pretty low. Cottage Grove City Council April 18, 2012 Regular Meeting � 1 2 Harry Borg, 8905 Hallmark Avenue South, Cottage Grove, stated that he never received a notice about the proposal until he read about it in the Bulletin and he voiced opposition to the proposal. John McGee, 9429 Harkness Avenue South, Cottage Grove, commented on the report that Werner Electric provided on wind energy versus property values and the concession to build the wind turbine in the northeast corner of the property. Jason Wies, 9421 Harkness Avenue South, Cottage Grove, commented that he if he needs to see it, he would prefer to have it placed as far away from his property as possible. Ben Granley stated that for those that missed some of the information that was presented at other meetings, there are a couple of things that were brought up. They dealt with sound and safety. Council Member Olsen stated that at the last meeting, one of the questions he asked was to move forward with the secondary location what sort of response would you give. Mr. Granley responded that he would have to go back to his company leaders and ask them to do a second analysis of their other facilities around the State and in Wisconsin and not make the investment in Cottage Grove. Senior Planner McCool confirmed that no matter which way it fell, it would be always land on Werner's property and it would not land on the trail. City Attorney Heine stated that if an application meets the requirements that are stated in the City Ordinance for a conditional use permit, the applicant is legally entitled to the permit. In this case, Staff has determined that it meets every requirement except for the setback and there has been an application for a variance. The standard of review that the Courts apply for a variance is very similar to what they would apply to a conditional use permit, only in this instance, the standard to issue a variance is not set by the City ordinance, and they are set by the State Statute themselves. If someone meets all of the requirements of the statute for the issuance of a variance then they could challenge the City if they did not receive the variance approval. There is various criteria that has to be met. The one thing that is important for the City Council to remember in this instance is that the variance that is being requested is for a setback from a park, it is not a variance for a setback from a residential property. When you are determining whether the requirements under the Statute have been meet, you need to be looking at it with a view toward the impact of the variance on the park rather than the impact of the variance on residential properties because the setback requirement is for the benefit of the park not for the benefit of the residential properties. Cottage Grove City Council April 18, 2012 Regular Meeting � 13 MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2012- 038 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW INSTALLATION OF A 20 KILOWATT WIND TURBINE AT WERNER ELECTRIC AT 7450 95 STREET SOUTH. MOTION CARRIED. 4 -1. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2012- 039 A RESOLUTION APPROVING A VARIANCE TO THE 1,320 -FOOT MINIMUM SETBACK BETWEEN A WIND TURBINE STRUCTURE AND CONSERVATION EASEMENTS OR PUBLIC PARKS TO ALLOW THE PROPOSED WIND TURBINE TO BE APPROXIMATELY 230 FEET FROM HAMLET PARK'S BOUNDARY. Council Member Olsen asked if this would be the appropriate time to suggest that we ask Werner Electric to reconsider the location of the wind turbine to the secondary location. Mayor Bailey stated that Mr. Granley stated earlier that they would probably look at placing a wind turbine at another facility versus one in Cottage Grove. Council Member Olsen asked the City Attorney that based on the information that you provided us, you indicated that non - approval of the conditional use permit could potentially be grounds for a challenge. City Attorney Heine stated that if Werner did not get the variance, they would not get the conditional use permit because they have not met the requirements. If you grant the variance, then assuming you agree with Staffs determination that they met other requirements, then they would be legally entitled to the conditional use permit. So your first question is are they entitled under State law to a variance from the setback requirement or distance from a park. City Attorney Heine stated that the City Council would have to evaluate the criteria under the State Statute. The Staff and Planning Commission have recommended that it was their position that the State criteria had been met with respect to a setback from the park in the location that has been proposed. Council Member Olsen stated that to make this crystal clear, he is comfortable with granting them the conditional use permit but his preference would be that the conditional use permit go along with a variance that would enable them to locate that wind turbine should they choose to build it on the secondary location; hence, the variance would be different than what is in front of us right now. Cottage Grove City Council April 18, 2012 Regular Meeting 4 Senior Planner McCool stated that the findings of fact that City Attorney Heine had identified is part of the draft resolution and responses to those findings are also in that resolution as well. The variance application that they have applied for is the 1,320 foot setback from a park boundary. They are proposing to set it back 230 feet. If you are looking to relocate or have the wind turbine located in the northeast corner of the property, the closest that that wind turbine can be to the property boundary line is 127 feet. If you were looking to vary from their proposal, it would have to be a reduction in that park setback from 1,320 feet to 127 feet. If you were going to go even less than the 127 feet, which is the minimum requirement, it is that 1.1 times the height that is the minimum boundary setback line. If you are going to reduce that even more, we have not advertised for that so he would recommend that it go back to the Planning Commission at a public hearing. Council Member Olsen stated that the appropriate move on his part would be to vote against this and to reconsider the secondary location via the Planning Commission. Senior Planner McCool stated that he thinks that the City Council has already taken action on the conditional use permit which was the location of the wind turbine on the southeast corner of the building. So it is too late. Council Member Lehrke stated that the City Attorney can correct him but if Council Member Olsen wanted to amend the first motion which was just acted on, can we not reconsider that. City Attorney Heine responded yes you could reconsider it and in fact the permit cannot be issued without the variance because on its face it does not meet the requirements of the ordinance unless you approve the variance. Senior Planner McCool suggested taking action on the variance application first and then the conditional use permit application. MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCILMEMBER OLSEN, TO TABLE THE VARIANCE FOR THE TIME BEING. Mayor Bailey asked what the purpose of tabling the application would be. Council Member Olsen stated he would like to revisit item 1, the conditional use permit and respectfully request that we consider as a City Council approving the conditional use permit only if the secondary location is the choice for building this wind turbine. UPON VOTE BEING TAKEN ON THE MOTION, MOTION CARRIED. Mayor Bailey asked the City Clerk to conduct a roll call vote. Cottage Grove City Council April 18, 2012 Regular Meeting � 15 COUNCIL MEMBER LEHRKE VOTED AYE; COUNCIL MEMBER PETERSON VOTED AYE; COUNCIL MEMBER OLSEN VOTED AYE; COUNCIL MEMBER THIEDE VOTED NAY; AND MAYOR BAILEY VOTED NAY. MOTION CARRIED. 4 AYES - 2 NAYS. MOTION BY COUNCIL MEMBER OLSEN, TO RECONSIDER APPROVING THE CONDITIONAL USE PERMIT. Mayor Bailey stated that he needs clarification from the City Attorney. Since we tabled #2, the Variance, do we need to go back and revisit item 1, the conditional use permit. City Attorney Heine stated that unless you reconsider item 1, the conditional use permit, Staff cannot issue the permit without #2, the variance. MOTION SECONDED BY COUNCIL MEMBER LEHRKE TO RECONSIDER THE CONDITIONAL USE PERMIT. Mayor Bailey asked the City Clerk to conduct a roll call vote. COUNCIL MEMBER LEHRKE VOTED AYE; COUNCIL MEMBER PETERSON VOTED AYE; COUNCIL MEMBER OLSEN VOTED AYE; COUNCIL MEMBER THIEDE VOTED NAY; AND MAYOR BAILEY VOTED NAY. MOTION CARRIED. 3 AYES — 2 NAYS. City Attorney Heine explained for the public that the conditional use permit application is back on the table as though there was not a vote and the City Council now has to determine whether to approve the conditional use permit and she assumed that the City Council would address the variance application first and then they are going to vote on the conditional use permit again. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY MAYOR BAILEY, TO REMOVE THE VARIANCE FROM THE TABLE FOR CONSIDERATION. Council Member Thiede stated that by taking it off the table we would be back at the beginning. UPON VOTE BEING TAKEN, MOTION CARRIED. 5 -0. Finance Director Roland stated that she would like guidance from the City Attorney regarding the findings of fact that are currently in the resolution and to explain what that means if you change the variance requirements. City Attorney Heine stated that the decision that you made needs to be Cottage Grove City Council G April 18, 2012 Regular Meeting V supported by written findings of fact which need to be either issued tonight or by the next meeting if you vote tonight on this matter. And the written findings of fact have to support the decision that you make. So to the extent that any of the findings in the draft resolution are not applicable, once you move the location of the wind turbine, you would have to revise the findings to address the new location. Council Member Olsen stated that he thinks what he heard you say was that we should send this back to Staff to revise the findings of fact if indeed the secondary location would be the preference of the City Council in terms of where Werner would place the wind turbine. City Attorney Heine stated that if you are at the 60 day limit, you have the right to extend it for an additional 60 days without the applicant's permission. It is only if you reached 120 days that you need the applicants consent. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER LEHRKE, TO TABLE THIS AND TO SEND IT BACK TO STAFF FOR ADDITIONAL FINDINGS OF FACT THAT WOULD SUPPORT THE WIND TURBINE BEING BUILT AT THE SECONDARY LOCATION ON THE WERNER SITE. City Attorney Heine stated that her understanding would be to direct staff to prepare alternate findings so the alternate findings would come back to the Council along with the original findings and at a future meeting where the City Council would determine which they would adopt. Council Member Olsen stated that he would be prepared to vote on this tonight if we could formulate a motion that would meet our criteria. His concern is that he does not know what the setback information would be for the secondary location and if we could formulate that he would be happy to vote on it tonight but his assumption is that it simply would be easier for staff to bring us a second set of findings. Mayor Bailey stated that he thinks that what Council Member Olsen is saying or looking for is for staff to create a second set of findings of fact that would put the wind turbine at the secondary location. The City Council would get both proposals back so they could choose between sticking with the spot that Werner Electric is proposing or going with the second location. Council Member Peterson stated that she would like to see for herself what the affects would be for her to stand close to a wind turbine at the proposed setback. She asked if anyone could give her direction as to where she could find one of similar size and capacity. Cottage Grove City Council April 18, 2012 Regular Meeting � 17 Mr. Granley stated that there are units installed in the Oshkosh and Appleton Wisconsin area. They are the exact units that Werner would like to install. UPON VOTE BEING TAKEN, MOTION CARRIED. 4 -1. (COUNCIL MEMBER THIEDE VOTED NAY.) D. Consider Authorizing Staff to Execute Actions Related to Research for the Parks and Recreation Referendum Project. City Administrator Schroeder recommended that the City Council authorize staff to hire Decision Resources, Inc., to perform a community survey in regards to the City's desire for a Parks and Recreation Referendum in an amount estimated at $12,000; Adopt a resolution authorizing the preparation of a feasibility study for the Hamlet Park Expansion /Renovation Project; and to hire services of RVK Architects to refine conceptual designs and cost analysis of the Thompson Grove community building in the amount estimated at $3,500. Council Member Thiede asked what it would cost for the referendum. City Administrator Schroeder stated that there are a lot of different numbers that have been suggested over time and of course the cost varies depending upon whether it is during a regularly scheduled election or not but the number that has typically been suggested is in the $30,000 - $40,000 range if it is a separate election. There is not an additional cost if it is during a regular election. Council Member Thiede stated that you are proposing to pay $12,000 to have somebody do a survey to determine whether we should even put it on the ballot and he asked what potential risk we are avoiding by spending the $12,000. City Administrator Schroeder stated that if there is no support for whatever you are asking, you most likely would not proceed with asking the question. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO AUTHORIZE STAFF TO HIRE DECISION RESOURCES, INC., TO PERFORM A COMMUNITY SURVEY IN REGARDS TO THE CITY'S DESIRE FOR A PARKS AND RECREATION REFERENDUM FOR AN AMOUNT ESTIMATED AT $12,000. MOTION CARRIED. Mayor Bailey asked the City Clerk to conduct a roll call vote. COUNCIL MEMBER LEHRKE VOTED NAY; COUNCIL MEMBER Cottage Grove City Council p April 18, 2012 Regular Meeting O PETERSON VOTED AYE; COUNCIL MEMBER OLSEN VOTED AYE; COUNCIL MEMBER THIEDE VOTED NAY, AND MAYOR BAILEY VOTED AYE. MOTION CARRIED. 3 AYES — 2 NAYS. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2012 -040 A RESOLUTION AUTHORIZING PREPARATION OF A FEASIBILITY REPORT FOR THE HAMLET PARK EXPANSION /RENOVATION PROJECT. MOTION CARRIED. 4 AYES -1 NAY. (COUNCIL MEMBER THIEDE VOTED NAY) MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER OLSEN, TO HIRE THE SERVICES OF RVK ARCHITECTS TO REFINE CONCEPTUAL DESIGNS AND COST ANALYSIS OF THE THOMPSON GROVE COMMUNITY BUILDING FOR AN AMOUNT ESTIMATED AT $3,500. Council Member Lehrke stated that he would be voting against this because he does not think this is something we should be spending our money on right now. UPON VOTE BEING TAKEN, MOTION CARRIED. Mayor Bailey asked the City Clerk to conduct a roll call vote. COUNCIL MEMBER LEHRKE VOTED NAY; COUNCIL MEMBER PETERSON VOTED AYE; COUNCIL MEMBER OLSEN VOTED AYE; COUNCIL MEMBER THIEDE VOTED NAY; AND MAYOR BAILEY VOTED AYE. MOTION CARRIED. 3 AYES — 2 NAYS. Council Member Lehrke stated that we did a roll call for items 1 and 3 and he asked how we are recording number 2 in the minutes. City Clerk Stransky stated that the minutes will read: Motion Carried. 4 Ayes. 1 Nay. E. Consider Authorizing Distribution of Comment Letters to USEPA, M PCA and Washington County in Regards to the 3M Incinerator Permits. City Engineer Levitt highlighted the three (3) comment letters drafted for the USEPA, MPCA and Washington County in regards to the 3M incinerator permits. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE THE DISTRIBUTION OF THE COMMENT LETTERS TO THE USEPA, MPCA AND WASHINGTON COUNTY IN REGARD TO THE 3M INCINERATOR PERMITS WITH THE REMOVAL OF THE SENTENCE THAT HAS THE PHRASE THAT Cottage Grove City Council April 18, 2012 Regular Meeting � 19 THE CITY OF COTTAGE GROVE SUPPORTS THE ISSUANCE AND THE ADDITION OF THE ENVIRONMENTAL COMMISSIONS SUGGESTION AROUND STACK TESTING. MOTION CARRIED. 4 -1. (COUNCIL MEMBER LEHRKE VOTED NAY). 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS A. Urban Farming The Council received the staff report on urban farming. No action taken. 10. COUNCIL COMMENTS AND REQUESTS Council Member Olsen asked staff to provide the City Council with an update relative to a suggestion for additional IT support for the Public Safety Team. He would also like the community to receive an update from our Economic Development Director Danette Parr on her efforts to drive development and business growth and retention here in the City of Cottage Grove. There was a comment made during Open Forum that the person would like the City Administrator to address about the Drive -In site and its owner. Lastly, he invited the public to attend a community conversation that he would be hosting to provide education around some of the issues floating around the City. City Administrator Schroeder stated that the Cottage View theatre is a transaction that the City is not involved with. The City finds itself in its normal role as a regulator and what has occurred is an owner of private property, the Apache Chief Theater Company, has entered into a purchase agreement with another end user to sell the land to another end user, Walmart, to buy the land. The City is not involved in the transaction. It is a transaction between a willing buyer and a willing seller. Council Member Thiede stated that the Lions Club is sponsoring a Circus on April 25 at the Cottage Grove Ice Arena commencing at 7:00 p.m. Mayor Bailey announced that on April 28 at 9:00 a.m. to noon, Public Works was hosting their Annual Arbor Day Event and the first 125 residents to attend would receive a free tree. In addition, there would be the first Shreds Mobile Shredding Service which is also free of charge. If you would like to pre -order a compost bin or rain barrel, you can order them online at www.recycleminnesota.or . Council Member Peterson stated that April is Volunteer Appreciation Month and she thanked all the volunteers who put in their time; the Chamber Showcase is on April 26 from 5:00 P.M. to 8:00 P.M. at the Cottage Grove Ice Arena; the Cottage Grove Human Services /Human Rights Commission has sponsored an essay poster and video contest specifically about human rights and human services issues and the topic for this years' contest is "what cinco de mayo means to me" and that is open to Cottage Grove City Council 20 April 18, 2012 Regular Meeting District 833 students K -12 and the deadline for submission is May 1; the Stone Soup Sup -er Bowl is on May 5 from 9:00 A.M. to 6:30 P.M. at the Park Grove Bowl in St. Paul Park and they are still looking for teams to participate; the Spring Clean Up is May 5 from 7:00 A.M. to 3:00 P.M. at the Public Works Garage; the CRIME Board is sponsoring a clothing drive collecting gently used clothing; the next Fair for All food buying opportunity will be on May 10 at All Saints Lutheran Church; and the next Beyond the Yellow Ribbon meeting is May 15 at 6 :00 P.M. 11. PAY BILLS MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE PAYMENT OF CHECK NUMBERS 176313 THROUGH 176516 TOTALING $626,692.81 AND EFT PAYMENT OF $1,215,508.38. CHECK NUMBERS 176313 THROUGH 176345 TOTALING $160,499.68 AND EFT PAYMENT OF $12,096.56 WERE ISSUED PRIOR TO COUNCIL APPROVAL. MOTION CARRIED. 5 -0. 12. WORKSHOP SESSION — OPEN TO PUBLIC - None. 13. WORKSHOP SESSION — CLOSED TO PUBLIC — None. ADJOURNMENT MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO ADJOURN THE REGULAR MEETING AT 11:02 P.M. MOTION CARRIED. 5 -0. Prepared by, Caron M. Stransky City Clerk 1E �y T �✓> ^7 {j� �m -�p^' (p�yj�� [` t�.. y. {�� ti✓ t^ t. .��Lrx'S'4 v t�+� t,.�'3t�..�t C.- i��.y�tiYY E; * c.. €/:�''._ 4' ¢ t S:3 ,P. ` 0� 'f E.. t w.( ,.�-.� �?� �4✓�t��,.C., h tS-..i.l�^ l_,. �� f � K Y.1 E�V-"""'� ° *�t'LL.`.�(�*K.,.�1� .4 t �_.-�-----` {� � �l'��mw. cZ � �'a a� �� i`� t �C°a��C� �C�i�a�rtCst� ��7C"1�r�� 1r��;`i�`y r I � !,�(�.,�E'. 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