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HomeMy WebLinkAbout2012-05-02 MINUTESCOTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota 7516 80' Street South Cottage Grove, MN 55016 Regular Meeting May 2, 2012 OPEN FORUM Mayor Pro Tern Olsen opened Open Forum at 7:15 p.m. and stated that during Open Forum a person may address the City Council on subjects not a part of the regular meeting agenda, but must limit their remarks to three (3) minutes per person. The purpose of Open Forum is to 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. The following were present: Mayor Pro Tern Justin Olsen, Council Member Derrick Lehrke, Council Member Jen Peterson, and Council Member Dave Thiede. The following were absent: Mayor Myron Bailey. 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 Pro Tern Olsen 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, highlighted three (3) issues. First, she commented that 3M should not be burning extra chemicals in the City and that the letter that was written needed more clarity where it states what our intentions are or what our hopes would be. She stated that she was here to help because she really would like to see something done. Second, Ms. Rameriz asked how green our City was when we cannot come together and approve Werner Electric's request for a wind turbine. Third, Ms. Rameriz stated that the City needs to take the lead to stop all back yard burning and advised the City Council that she would be bringing this issue before the Environmental Commission. Mayor Pro Tern Olsen closed Open Forum to the Regular Meeting. Cottage Grove City Council May 2, 2012 Regular Meeting CALL TO ORDER — Regular Meeting The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on May 2, 2012 at the Cottage Grove City Hall, 7516 80' Street South. Mayor Pro Tern Olsen called the meeting to order at 7:30 p.m. PLEDGE OF ALLEGIANCE The audience, staff, Mayor Pro Tem, and City Council Members pledged allegiance to the flag of the United States of America. ROLL CALL The following were present: Mayor Pro Tern Justin Olsen, Council Member Derrick Lehrke, Council Member Jen Peterson, and Council Member Dave Thiede. The following were absent: Mayor Myron Bailey. 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 Pro Tern Olsen presided over the meeting. ADOPTION OF AGENDA MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 4 -0. 2. PRESENTATIONS -None. 3. APPROVAL OF MINUTES A. March 21, 2012 City Council Regular Meeting Minutes There being no amendments to the minutes, Mayor Pro Tern Olsen declared the minutes of the March 21, 2012 Regular Meeting to stand approved as presented. Cottage Grove City Council May 2, 2012 Regular Meeting B. April 4, 2012 City Council Regular Meeting Minutes There being no amendments to the minutes, Mayor Pro Tern Olsen declared the minutes of the April 4, 2012 Regular Meeting to stand approved as presented. 4. CONSENT CALENDAR The Council pulled items D, B and C from the consent calendar for discussion purposes only. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO: A. ACCEPT AND PLACE ON FILE THE MINUTES OF THE: i. MARCH 26, 2012 PLANNING COMMISSION MEETING. B. ADOPT THE PROCLAMATION OBSERVING MAY 20-26,2012 AS NATIONAL PUBLIC WORKS WEEK IN THE CITY OF COTTAGE GROVE. C. ADOPT RESOLUTION NO. 2012 -039 A RESOLUTION PROCLAIMING TUESDAY, MAY 15, 2012 AS POLICE OFFICERS' MEMORIAL DAY AND THE WEEK OF MAY 13-19,2012 AS NATIONAL POLICE WEEK. D. APPROVE THE APPOINTMENT OF LEZLIE L. SCHRIVER TO THE HUMAN SERVICES /HUMAN RIGHTS COMMISSION FOR A TERM TO EXPIRE FEBRUARY 28, 2014. E. APPROVE THE SOUTH WASHINGTON WATERSHED DISTRICTS FOR THE COTTAGE GROVE PSCH RAIN HARVESTING SYSTEM, WOODRIDGE PARK POND IMPROVEMENTS, AND ED -P5 POND IMPROVEMENTS IN THE VALUE OF $246,495. F. ADOPT RESOLUTION NO. 2012 -040 A RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR THE WEST POINT DOUGLAS ROAD EXTENSION PROJECT. ADOPT RESOLUTION NO. 2012 -041 A RESOLUTION CALLING FOR A PUBLIC HEARING ON JUNE 6, 2012 FOR THE WEST POINT DOUGLAS ROAD EXTENSION PROJECT. Cottage Grove City Council May 2, 2012 Regular Meeting �+ G. APPROVE THE PURCHASE OF (2) TORO GROUNDSMASTER 7210 D MOWERS FROM MTI DISTRIBUTING FOR A TOTAL COST OF $40,766.82; (1) JOHN DEERE 997 COMMERCIAL L.C. DIESEL MAX - FRAME Z -TRAK MOWER FROM JOHN DEERE COMPANY FOR A TOTAL PRICE OF $16,532.81; AND (1) JOHN DEERE 14- BUSHEL, 3- BAG MATERIAL COLLECTION SYSTEM FOR THE 998 X /60" DECK FROM FRONTIER AG & TURF FOR A TOTAL PRICE OF $4,085.83. COMBINED TOTAL FOR PURCHASE IS $61,385.46. H. TO NOT WAIVE THE STATUTORY TORT LIMITS WHERE AN INDIVIDUAL CLAIMANT WOULD BE ABLE TO RECOVER NO MORE THAN $500,000 ON ANY CLAIM TO WHICH THE STATUTORY TORT LIMITS APPLY. THE TOTAL WHICH ALL CLAIMANTS WOULD BE ABLE TO RECOVER FOR A SINGLE - OCCURRENCE TO WHICH THE STATUTORY TORT LIMITS APPLY WOULD BE LIMITED TO $1.5 MILLION. AUTHORIZE THE PURCHASE OF WORKERS COMPENSATION INSURANCE POLICY FOR THE POLICY PERIOD APRIL 4, 2012 TO APRIL 4, 2013 TOTALING $248,337 WITH A $10,000 PER OCCURRENCE MEDICAL DEDUCTIBLE AND A 14.5% PREMIUM CREDIT. AUTHORIZE ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO THE COTTAGE GROVE LIONS CLUB IN CONJUNCTION WITH FRANK MACKALL "WE HAVE YOUR BACK" BENEFIT TO BE HELD AT THE COTTAGE GROVE V.F.W. ON JUNE 13, 2012. MOTION CARRIED. 4 -0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES A. Receive Response Regarding Recreational Fires The City Council received Staff's response to Michelle Ramirez from the April 18, 2012 Open Forum Concern. No action taken. 6. PUBLIC HEARINGS Cottage Grove City Council I 5 May 2, 2012 Regular Meeting A. Conduct the Public Hearing Considering the Assessment for the Removal of Weeds on Private Property and to Adopt the Resolution Adopting the Assessments. Mayor Pro Tern Olsen opened the public hearing to consider the assessment for the removal of weeds on private property to receive comments and /or objections from those in the audience. There being none, Mayor Pro Tern Olsen closed the public hearing. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2012- 042 A RESOLUTION ADOPTING SERVICE CHARGES FOR THE REMOVAL OF NOXIOUS WEEDS AND PLANTS FROM PRIVATE PROPERTY. MOTION CARRIED. 4 -0. B. Hold the Public Hearing and Consider Aimroval of a SnendinR Plan for Tax Increment Financing District 1 -1, 1 -2, 1 -8, and 1 -12 under Minnesota Statutes Section 469.176, Subd. 4m to Utilize Existing Tax Increment Revenues from TIF Districts to Stimulate Construction /Rehabilitation of Private Development in a Manner which will Create or Retain Jobs. Finance Director Roland stated that the purpose of this public hearing was to consider the Spending Plan for Tax Increment Financing District No's 1 -1, 1- 3, 1 -8, and 1 -12. Subsequent to this meeting there would be a development agreement for the project which would go to the EDA on Tuesday, May 8, with City Council consideration on May 16. There is a Planning Commission CUP public hearing for the health club on May 21 and then the City Council would once again see the CUP on June 6. This is a very tight window as far as dates go. The reason for that is we are currently utilizing legislation which is dependent upon construction beginning on a project by June 30 and funds from this particular statute being used by December 31. Mayor Pro Tern Olsen opened the public hearing for comments and /or objections from the public. There being none, Mayor Pro Tern Olsen closed the public hearing. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO ADOPT RESOLUTION NO. 2012- 043, A RESOLUTION APPROVING SPENDING PLAN FOR TAX INCREMENT FINANCING DISTRICTS 1 -1, 1-3,1-8, AND 1 -12. MOTION CARRIED. 3 -1. (COUNCIL MEMBER LEHRKE VOTED NAY). Cottage Grove City Council G May 2, 2012 Regular Meeting V 7. BID AWARDS A. Consider Awarding Bid for the 2012 Joint Seal Coat Program for the Cities of Cottage Grove, St. Paul Park, Newport, and Denmark Township. City Engineer Levitt noted that the bid before you is not just for the City of Cottage Grove but covers the surrounding communities. The bid is below the engineer's estimate and she recommended award to the lowest responsible bidder, Pearson Brothers, Inc. MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER THIEDE, TO ADOPT RESOLUTION NO. 2012- 044 A RESOLUTION AWARDING BID FOR THE 2012 JOINT SEAL COAT PROGRAM TO PEARSON BROTHERS, INC., IN THE AMOUNT OF $493,259.76. MOTION CARRIED. 4 -0. 8. UNFINISHED AND NEW BUSINESS A. Consider Granting a Variance to Title 11, Chapter 4, Section 6(G), Siting of f the City's Zoning Ordinance for Purposes of Reducing the Wind Turbine Minimum Setback Requirement of 1,320 feet from a Public Park to Approximately 230 feet and Approving a Conditional Use Permit to Allow Construction of a 20 kW Wind Turbine Consisting of a 99 -Foot Monopole with 30 -Foot Diameter Rotor at the Southwest Corner of Werner Electric's Building at 7450 95 Street South, Cottage Grove. Senior Planner McCool reviewed the alternative findings of fact for Werner Electric's proposed wind turbine at the southwest corner of their building and the northeast corner of their property. He noted that Werner Electric has stated that the southwest corner location makes more sense from an energy generation perspective and they are requesting consideration of that location. In evaluating the variance ordinance criteria, staff was unable to differentiate significant findings between the two (2) sites. For that reason, staff recommends granting a variance to reduce the 1,320 -foot setback between the wind turbine and Hamlet Park to 230 - feet and approve a conditional use permit to allow the construction of a 20 kW wind turbine consisting of a 99 -foot monopole with 30 -foot diameter rotor at the southwest corner of Werner Electric's principal building at 7450 95 Street South, Cottage Grove. Mayor Pro Tern Olsen stated that the applicant was in attendance and he asked if they would like to address the City Council. Cottage Grove City Council May 2, 2012 Regular Meeting Ben Granley of Werner Electric Supply, 7450 -95 Street South, Cottage Grove, stated that Council Member Peterson had asked if they would gather some decibel readings and he reviewed the results of the readings taken during regular business hours until 7:00 p.m. He noted that they did not take readings in the middle of the night. It would be his guess that the readings would be less at night in the neighborhood. The reading at the edge of their parking lot was 43 decibels; in the neighborhood it was 65 decibels on 95 Street South; and by the park it was 64 decibels. Mayor Pro Tern Olsen asked if anyone else wanted to address the City Council on this topic. There were none. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO ADOPT RESOLUTION NO. 2012 -045 A RESOLUTION GRANTING A VARIANCE TO CITY CODE TITLE 11, CHAPTER 4, SECTION 6 (G) TO REDUCE THE WIND TURBINE MINIMUM SETBACK FROM A PUBLIC PARK AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE INSTALLATION OF A 20- KILOWATT WIND TURBINE AT THE SOUTHWEST CORNER OF WERNER ELECTRIC'S BUILDING LOCATED AT 7450 95 STREET SOUTH, COTTAGE GROVE. MOTION CARRIED. 3 -1. Council Member Lehrke requested the City Clerk to conduct a roll call. COUNCIL MEMBER LEHRKE VOTED NAY; COUNCIL MEMBER PETERSON VOTED AYE; COUNCIL MEMBER THIEDE VOTED AYE; AND MAYOR PRO TEM OLSEN VOTED AYE. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS A. Response to Council Comments Regarding IT T Support in Public Safety Mayor Pro Tern Olsen noted that the City Council received a response regarding IT support in Public Safety and he asked Public Safety Director Woolery if he was confident that there would be appropriate staffing to handle the necessary actions that are going to be required to manage the IT and data portion of your day -to -day operations. The response addressed a number of the concerns he had about transition to the new building but one of the questions that he asked was with all of the various reporting mechanisms that exist now for investigations, communication between the various fire stations and squads, etc., do we have the appropriate amount of support staff to ensure that if we have something that goes haywire at 2:00 in the morning that we get it dealt with and fixed because the last thing any of us would want is to have a Cottage Grove City Council I p May 2, 2012 Regular Meeting O data breach that would result in some kind of problem in Court that would put our people in harm's way in any shape or form. Public Safety Director Woolery stated that in the memorandum he outlined that there is a solution for the new building with WIFI, which was one piece of it. He stated that they are dependent on many systems, scheduling, connections to the State and Federal sites, and the other law enforcement partners. He stated that he believes our two (2) part -time staff has done everything that they can, he thinks that their plates are full, and that it should be evaluated. Mayor Pro Tern Olsen stated that this is something to consider as we approach Budget discussion this year. Finance Director Roland stated that she has confirmed with her IT staff that they would be analyzing what the needs for the Public Safety Department are as well as the General Government and would make sure all systems are taken care of appropriately. She stated that they would be analyzing the need during the Budget conversations. 10. COUNCIL COMMENTS AND REQUESTS Council Member Peterson stated that the Stone Souper Bowl is Saturday, May 5 at the Park Grove Bowl, a fundraising event for the Stone Soup Thrift Shop. She stated that they still have openings for teams. Anyone interested should contact her. The next Fair for All, a discounted grocery buying program that benefits the emergency food shelf network, is May 10 at All Saints Church. The next Beyond the Yellow meeting is May 15 at the National Guard Armory at 6:00 p.m. The next Charter Commission meeting is May 17 at Public Works at 7:00 p.m. Council Member Thiede stated that the Strawberry Fest is holding a fundraiser at Von Hanson's on Saturday, May 5 and Sunday, May 6 selling burgers and brats. Signup for the Strawberry Fest talent show, parade, and business expo expire on May 21. The Strawberry Fest is June 14 -17 at Kingston Park. Mayor Pro Tern Olsen stated that earlier this evening on the consent calendar, the City Council authorized the issuance of a temporary liquor license to the Cottage Grove Lions Club in conjunction with the Frank Mackell "We have your Back" Benefit that is being held at the Cottage Grove VFW on June 3, 2012. The annual Spring Clean Up would be May 5 at Public Works. The St. Paul Park /Newport Lions Club would be serving food at the Stone Souper Bowl. He also mentioned that the Planning Commission would be meeting May 21 and on their agenda would be information about the Walmart development proposal. 11. PAY BILLS Cottage Grove City Council May 2, 2012 Regular Meeting MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER LEHRKE, TO APPROVE PAYMENT OF CHECK NUMBERS 176517 THROUGH 176704 TOTALING $521,291.85. CHECK NUMBERS 176704 THROUGH 176546 TOTALING $103,013.60 WERE ISSUED PRIOR TO COUNCIL APPROVAL. MOTION CARRIED. 4 -0. 12. WORKSHOP SESSION - OPEN TO PUBLIC - None. 13. WORKSHOP SESSION - CLOSED TO PUBLIC - None. ADJOURNMENT MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER LEHRKE, TO ADJOURN THE REGULAR MEETING AT 8:25 P.M. MOTION CARRIED. 4 -0. Prepared by, Caron M. Stransky City Clerk