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MINUTES
COTTAGE GROVE CITY COUNCIL
COUNCIL CHAMBER
12800 RAVINE PARKWAY SOUTH
January 20, 2016
REGULAR MEETING - 7:00 P.M.
CALL TO ORDER — Mayor
The City Council of the City of Cottage Grove, Washington County, Minnesota, held a
regular meeting on January 20, 2016, at Cottage Grove City Hall, 12800 Ravine
Parkway South. Mayor Bailey called the meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE
The audience, stafF, and Mayor and City Council Members recited the Pledge of
Allegiance.
ROLL CALL— City Clerk
The following were present: Mayor Myron Bailey, Council Member Steve Dennis,
Council Member Justin Olsen, Council Member Jen Peterson, Council Member Dave
Thiede.
Also present were: Charlene Stevens, City Administrator; Korine Land, City Attorney-
LeVander, Gillen & Miller, PA; Brian Bluhm, MIS Coordinator; Les Burshten, Public
Works Director; Zac Dockter, Parks and Recreation Director; Joe Fischbach, HR
Manager/City Clerk; Jennifer Levitt, Community Development Director/City Engineer;
John McCool, City Planner; Robin Roland, Finance Director; Craig Woolery, Public
Safety Director
OPEN FORUM
Mayor Bailey asked if anyone in the audience wished to address the Council on any
item that was not on the agenda. As no one wished to address the Council, Mayor
Bailey closed the Open Forum.
Mayor Bailey presided over the meeting.
CITY OF COTTAGE GROVE • 12800 Ravine Parkway • Cottage Grove, Minnesota 55016
www.cottage-grove.org •651-458-2800 . Fax 651-458-2897 . Equal Opportunity Employer
Cottage Grove CityrCouncil
�January,20, 2016
Page 2
1. ADOPTION OF AGENDA
Motion by Council Member Thiede, second by Council Member Peterson, to
adopt the agenda as presented. Motion carried: 5-0.
2. PRESENTATIONS
A. "Good Kidney Health" presentation by Cottage Grove resident Jim Gorbunow,
a volunteer for the National Kidney Foundation.
Mr. Gorbunow stated that, secondary to Type 1 diabetes, just before his 30th
birthday his kidneys failed; he subsequently underwent a kidney transplant.
After 13 years, he found that the transplanted kidney was failing and he
underwent a second kidney transplant as well as two separate pancreas
transplants. He stated he now volunteers for the National Kidney Foundations
and wanted to enlighten individuals about kidney disease. He recommended
everyone have their kidneys tested by their doctor and gave some statistics:
• One in three adults is at risk for kidney disease;
• One in nine adults are at risk as they have kidney disease but don't
know it;
• Early detection and treatment can slow or stop kidney disease, which
is the ninth leading cause of death so it ranks right up there with
cancer and heart disease.
He reviewed what the kidneys do, why kidneys are important for your health,
what kidney disease is, who is at risk, and actions that can be taken to protect
your kidneys. People with questions about kidney disease can contact the
National Kidney Foundation; they have a website and are also on Facebook.
Council Member Peterson stated she had gone through the process to be a
potential kidney donor and she encouraged people to look at being a donor.
Mr. Gorbunow also encouraged people to become a donor when they renew
their driver's licenses.
3. APPROVAL OF MINUTES
A. January 6, 2016 City Council Regular Meeting minutes.
Mayor Bailey and the Council Members approved the minutes as presented.
4. CONSENT CALENDAR
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January20, 2016
Page 3
The following items were pulled for discussion: Council Member Thiede wished
to pull Item C; Council Member Olsen wished to pull Item F; Council Member
Dennis wished to pull Item G.
Council Member Thiede wished to have a discussion about the replacement of
the current fuel system software and wanted to let people know the City was
trying to work a little smarter with technology, which would allow the City to better
monitor fuel usage, be more efficient, and do scientific analysis on equipment
maintenance. He asked MIS Coordinator Brian Bluhm to speak to the Council
about the technology.
MIS Coordinator Bluhm spoke to the Council about the fuel management system;
he gave a brief overview about the two systems currently in place and what they
were asking to purchase. The Fuel Master System helps the City track fuel;
however, updates are no longer available for that system. OPW is used by many
local and state agencies; the company the City will be using for installation and
support is Minnesota Petroleum and that company is already used for the tanks.
OPW will integrate with the City's current tank system so there would be only one
piece of software to watch instead of multiple pieces. The management system
with OPW will actually push into the City's new fleet system at the same time so
service can be tracked better. They will have the ability in late 2016 or in 2017 to
actually put a little computer module onto the vehicles themselves; currently,
individuals enter the mileage data manually, which isn't always accurate. The
new system would actually read the mileage when the vehicle pulled up and any
service errors would automatically go into the system and subsequently report
that to the mechanics.
Council Member Olsen acknowledged donations received in the second half of
2015 from residents, non-residents, and businesses:
• $1,200 from Heidi Morgan for a park bench;
• $100 from William and Lois Check for the Police Department;
• $1,200 from Ed Jelinek for a park bench (the money donated for the park
bench was donated in memory of Danielle Jelinek);
• $100 donation from S. Opseth for the inclusive playground;
• $10,000 from Northern Tier Energy for the Fire Department;
• $100 from Susan Levasseur for the inclusive playground;
• $50 donation from Michael Utell for the inclusive playground;
• $1,749 donation from the Cottage Grove Athletic Association for field
improvements in the parks;
• $3,500 from the 3M Foundation for the Fire Department.
Council Member Dennis spoke about adopting additions to the purchase policy.
He stated they had been asking residents to shop locally and the City will also do
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Page 4
the same. Whenever possible, environmentally-preferable purchasing, including
Energy Star certified equipment and appliances, paper, and other supplies that
are at least 30% post-consumer recycled content, will occur.
A. Accept and Place on File the Following Minutes: None submitted.
B. Accept the Pay Equity Report.
C. Approve the replacement of the current fuel system software with OPW for a
purchase price of$19,078.
D. Adopt Resolution 2016-012 supporting the grant application to the MN DNR
for the Federal Recreational Trail Program grant in the amount of$150,000 to
be used for improvements at the Cottage Grove Bike Park.
E. Approve the 2015 South Washington County Athletic Facilities Study.
F. Adopt Resolution 2016-013 accepting donations received in the second half
of 2015.
G. Adopt Resolution 2016-014 adopting additions to the purchasing policy.
H. Adopt Resolution 2016-015 authorizing issuance of a Premises Permit to the
Cottage Grove Athletic Association for lawful purpose gambling operations at
Carbone's Pizzeria, 7155 Jorgensen Lane South.
I. Adopt Resolution 2016-016 authorizing the preparation of a feasibility report
for the Summers Landing 1 st Addition Street & Utility Improvements.
J. Adopt Resolution 2016-017 authorizing the preparation of a feasibility report
for the Hadley Avenue and 95th Street Improvements Project.
K. Approve a new site lease agreement with AT&T at the Pinehill Water Tower.
Motion by Council Member Thiede, second by Council Member Dennis, to
approve the Consent Calendar. Motion carried: 5-0.
5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES — None.
6. PUBLIC HEARINGS
A. 1. Hold the public hearing to vacate and discontinue all existing drainage and
utility easements located within Outlot B in Glengrove Industrial Park 4th
Addition. 2. Consider adopting a resolution vacating the easements and
authorize the City Clerk to notify Washington County of the vacations. 3.
Consider adopting a resolution approving the preliminary plat for Glengrove
Industrial Park 6th Addition, which subdivides a 63.442-acre parcel of land
located south of 97th Street, east of Hemingway Avenue, and approximately
a half mile west of Jamaica Avenue into one lot and two outlots. 4. Consider
adopting a resolution approving the Glengrove Industrial Park 6th Addition
final plat, subject to the conditions listed in the resolution.
Planner McCool spoke about vacating and discontinuing all drainage and
utility easements on Outlot B of Glengrove Industrial Park 4th Addition,
adopting a preliminary plat, and approving a final plat. The reason for the final
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plat was to rededicate the easements for the plats and parcels that would be
created in the new subdivision plat, Glengrove Industrial Park 6th Addition.
The preliminary plat and final plat would create one buildable parcel of nine
acres; it would also create two outlots, one 3.8 acres and the other about 51
acres in size. The larger parcel, Outlot B, would most likely be re-subdivided
sometime in the future. The Planning Commission unanimously
recommended approval of the plat.
Council Member Thiede asked why they needed to have the public hearing
and what the negative factors might be. Planner McCool stated it was
basically about the easements and the public utilities; there currently are no
private easements but is public drainage and utility easements.
Mayor Bailey opened the public hearing. As no one wished to speak, Mayor
Bailey closed the public hearing.
Motion by Council Member Thiede to adopt Resolution 2016-018 vacating the
easements and authorizing the City Clerk to notify Washington County of the
vacations, second by Council Member Olsen. Motion carried: 5-0.
Motion by Council Member Olsen to adopt Resolution 2016-019 approving
the preliminary plat for Glengrove Industrial Park 6th Addition, which
subdivides a 63.442-acre parcel of land located south of 97th Street, east of
Hemingway Avenue, and approximately a half mile west of Jamaica Avenue
into one lot and two outlots, second by Council Member Thiede. Motion
carried: 5-0.
Motion by Council Member Olsen to adopt Resolution 2016-020 approving
Glengrove Industrial Park 6th Addition final plat subject to the conditions listed
in the resolution, second by Council Member Peterson. Motion carried: 5-0.
7. BID AWARDS — None.
8. UNFINISHED AND NEW BUSINESS
A. Consider adopting a resolution approving Appro Development's site plan and
conditional use permit applications for the proposed Gardenworld, Inc.
project, which consists of constructing a 38,400 square-foot warehouse/office,
43,560 square-foot greenhouse, 43,560 square-foot future greenhouse, 49
off-street parking spaces (Phase I), and outdoor plant garden plots on a 9.08-
acre site located at the southeast corner of 97th Street and Hemingway
Avenue.
Planner McCool stated this project is the 9-acre parcel, Lot 1, Block 1, of the
Glengrove Industrial Park 6th Addition. Gardenworld is a client of the
Applicant, Appro Development, and their project consists of warehouse/office
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Page 6.
and greenhouses on the property. He reviewed the proposed developments,
which are in accordance with the requirements of the City Ordinances, and a
future greenhouse expansion located to the east side of the proposed
greenhouse. He reviewed future landscaping plans by the Applicant.
Mayor Bailey questioned which trees would be removed; Planner McCool
stated they'd be removing dead trees and brush, including buckthorn.
Dave Van Der Sman, the Applicant and owner of Gardenworld, thanked the
City Council and City Staff for their help with the entire process; he stated
they were looking forward to becoming a member of the Cottage Grove
community. He indicated they are a horticulture wholesaler and produce
perennial products, which are sold to larger retailers, who then resell those to
the consumer. They would be relocating from their current location in St. Paul
to Cottage Grove and would be bringing employment opportunities to Cottage
Grove.
Council Member Olsen stated there were concerns raised by the public about
the greenhouse structures being located so close to LeafLine Labs; he stated
these greenhouse structures had nothing to do with LeafLine Labs and were
Gardenworld greenhouse structures.
Motion by Council Member Olsen to adopt Resolution 2016-021 approving
the site plan and conditional use permit applications for the proposed
Gardenworld, Inc. Project, second by Council Member Thiede. Motion carried:
5-0.
B. Consider adopting a resolution approving a community solar garden on
approximately 80 acres of land located approximately one quarter of a mile
south of 70th Street, one quarter of a mile north of 77th Street, and east of the
Old Cottage Grove neighborhood.
Planner McCool stated Ecoplexus, Inc. has filed a conditional use permit for a
community solar garden on property currently owned by Steven and Kathleen
Geis, who would continue to own the property but would lease it to
Ecoplexus. Ecoplexus would like to erect an array of solar panels on the
property; the parcel is approximately 80 acres in size, but the proposed solar
collector system would only occupy about 37 acres.
At the Planning Commission meeting on December 21, 2015, there were a
number of citizens who had numerous concerns regarding the community
solar garden. The Planning Commission found the Applicant was in
compliance with City Ordinance and recommended approval of the
application for consideration by the City Council. The Applicant agreed to all
conditions that were discussed at that meeting.
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January;20, 2016
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Council Member Olsen asked Planner McCool to explain the zoning of the
area. Planner McCool advised the property was zoned agricultural; it had to
be at least five acres and outside of the urban service area and not in the
transitional planning areas of the community. Most of the area that would
allow for large utility operations would be located to the east of Kimbro
Avenue.
Council Member Dennis asked the City Attorney what liabilities the City could
be facing if they denied an application that was in compliance with the
Ordinance. Attorney Land stated if someone was in complete compliance with
the City Ordinance requirements and if the City Council chose not to approve
the application, then that would be considered acting arbitrarily and
capriciously. The City would then be subject to litigation and any detrimental
damages that the Applicant would have incurred. A Court would likely order
the City to approve the application anyway.
Council Member Thiede asked what kind of limitations this would put on
neighboring properties for development. Planner McCool stated the Solar
System Collector Ordinance, because it was zoned agricultural, required
specific yard setbacks and described those. Any houses built near the site
would also have specific setbacks. He also advised there was a 25-to-30 year
lease being considered for that land.
Mayor Bailey asked about the taxes on the property. Finance Director Roland
stated there was a State tax on facilities that generate more than 4
megawatts of electricity; the tax is paid to the State off of the generation of the
amount of electricity. That tax is then sent back to the County (80%) and the
City (20%) because the property that's underlying the solar garden has
property tax of regular agricultural property. The improvements themselves
are personal property and are not considered as part of the property tax
system.
Council Member Olsen stated the Planning Commission took two of the
applications under advisement; one was for a property that was in the future
development area. One of the residents who would be impacted by that
asked if the solar garden project could have a detrimental effect on property
value; Planning Commissioner Fox answered in the affirmative. However,
because of the location of this specific property, Commissioner Fox stated
that this would not have a detrimental effect on neighboring property values
because of the distance. He felt that should be noted.
The Applicant, Nathan Rogers, Project Development Manager with
Ecoplexus, 650 Townsend Street, Suite 315, San Francisco, California,
addressed the City Council and asked if they had any questions. Council
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January 20, 2016
Page $
Member Thiede asked if issues arose and they had to contact him in
California and who actually maintained the area. Mr. Rogers stated they're in
California but usually once things are operational there aren't usually things
that go wrong; if there are issues, he can be reached by phone or E-mail to
get things resolved. ,
Motion by Council Member Olsen to adopt Resolution 2016-022 approving a
conditional use permit for the community solar garden, second by Council
Member Peterson. Motion carried: 5-0.
C. Consider adopting a resolution denying SunShare's solar collection system
ordinance amendment to Exhibit A in Ordinance No. 948. Mayor Bailey stated
that right before the meeting tonight the Applicant had asked to continue this
item until date certain February 3, 2016 City Council meeting.
Council Member Olsen asked if they were obligated to grant the extension;
Attorney Land stated she contemplated that when the request was made. The
extension could certainly be denied; however, Attorney Land suggested that
they be offered one additional continuance and then take affirmative action at
the next meeting to either approve or deny it.
Council Member Dennis asked if this was the second time they'd asked for a
continuance on one of their matters; Attorney Land advised she believed it
was their second request for a continuance. Council Member Dennis asked if
we knew their reason for requesting the additional extension; Attorney Land
stated that the reason was not stated in the request.
Mayor Bailey asked Attorney Land if they had to abide by the 60-day rule;
Attorney Land stated the 60-day rule is from the date that the application is
deemed complete. They did allow an additional time so they asked that the
60-day rule be extended; that date expires on February 14, so it must be
approved or denied before that date. Although it's a courtesy at this point to
allow them one additional extension, Attorney Land thought it was
reasonable. Mayor Bailey felt it was in the City's best interests to grant the
extension.
Motion by Council Member Thiede to continue this matter to date certain
February 3, 2016, second by Council Member Peterson. Motion carried: 3-2.
(Nay by Council Member Olsen and Council Member Dennis).
9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND
REQUESTS — None.
10. COUNCIL COMMENTS AND REQUESTS
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Council Member Dennis stated there is a Cottage Grove family, the Maaskes, in
need of help; their five-year-old son, Caleb, is challenged with Chiari
Malformation, which results in structural defects in part of the brain that controls
balance. Caleb subsequently suffers seizures, constant pain, etc., which a child
should not have to face. There is a spaghetti dinner benefit for the family, "Four
Paws for Caleb," on Sunday, February 21, at the VFW Red Barn; proceeds will
be used to acquire a service dog for Caleb that will help with his movements and
also provide the loyalty and companionship that only a dog can provide. Council
Member Dennis wanted to reach out to the community to ask others to consider
helping this family if they can. Rachel, Caleb's mother, can be reached at 651-
329-4657, or contact Council Member Dennis.
Council Member Olsen stated the Cottage Grove Fire Department had their
annual awards banquet, and he wanted to recognize and congratulate the 2015
Firefighter of the Year, Tony Rich. He also wanted to thank Paramedic Blake
Denherder, who was given the Run Hog Award for all of the medical runs he
made in 2015, as well as Firefighter-EMT Mike Gabrielli for the work that he did
for the citizens of Cottage Grove. He thanked all of the part-time and full-time
Firefighters, Director Woolery, Fire Chief Redenius, and the Deputy Chiefs for the
excellent work they do for the citizens.
Council Member Peterson stated the next Fare For All discount grocery-buying
opportunity, open to the public, will be on Thursday, February 11, at All Saints
Lutheran Church; any purchases support the local food shelves.
The Stone Soup "Souper Bowl" will take place on Saturday, April 23, at Park
Grove Bowl in St. Paul Park. She encouraged everyone to attend.
Mayor Bailey stated on Friday, January 29, there will be a Skate Night at
Highlands Park pond; he encouraged everyone to attend.
Mayor Bailey stated on Fridays, from February 5 through March 25, there will be
a Fish Fry at River Oaks Golf Course.
Mayor Bailey stated on Saturday, February 6, there will be an open house for the
new park building at Woodridge Park; he stated there would be diagrams for the
inclusive playground there so encouraged everyone to attend.
Mayor Bailey stated he received a letter from the ROTC Minnesota 871 Reserve
Officer Training Corps, based out of Park High School; there is a rule that if they
drop below 100 cadets in their system, they can be considered unable to move
forward and keep that title, which means their unit could be closed down. They
are working on recruiting initiatives so if anyone has children who want to be
involved in the Junior ROTC at Park High School, Mayor Bailey encouraged
them to contact him. They are looking for the City to write a letter on behalf of our
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January'20;2016
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Junior ROTC stating why this program is so important to our community and they
would like to continue moving forward even if they drop below 100 cadets. If
anyone has questions, please contact Kathy Roby at 651-425-5704 or send an
E-mail to kroby�sowashco.orq. He asked if the City could put this out on
Facebook and asked for a motion to approve from the Council showing support
for the Junior ROTC at Park High School.
Motion by Council Member Olsen to show support for the Junior ROTC at Park
High School, second by Council Member Peterson. Motion carried: 5-0.
11. PAY BILLS
Motion by Council Member Olsen, second by Council Member Thiede, to
approve payment of check numbers 194642 to 194782 in the amount of
$397,923.15 and EFT Payment of$23,478.46. Motion carried: 5-0.
12. WORKSHOP SESSION — OPEN TO PUBLIC — None.
13. WORKSHOP SESSION — CLOSED TO PUBLIC — None.
ADJOURNMENT
Motion by Council Member Dennis, second by Council Member Thiede, to adjourn the
regular meeting at 8:30 p.m. Motion carried: 5-0.
Minutes prepared by Judy Graf and reviewed by Joe Fischbach, HR Manager/City
Clerk.