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HomeMy WebLinkAbout2010-02-17 PACKET 03.C.COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting February 3, 2009 OPENFORUM 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. and Council Member Justin Olsen. The following were absent: Council Member Mark Grossklaus. 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. Mr. Gary Kjellberg, 7389 Inman Avenue South, Cottage Grove, complimented the Public Works Department for the wonderful job they have been doing cleaning the local roads this winter and voiced his support for the construction of a new City Hall /Public Safety facility. There being no further comments from anyone in the audience, 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 February 3, 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 Boy Scout Troop #286 led the audience, staff and the Mayor and Council Members in the pledge of 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 Mark Grossklaus, and Council Member Justin Olsen The following were absent: None Cottage Grove City Council +, February 3, 2010 Regular Meeting G 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 Wooiery, 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 OLSEN, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 5 -0. Pi A. Certificate of Achievement for Excellence in Financial Reporting Finance Director Roland announced that the City of Cottage Grove, for its 19th consecutive year, received the Certificate of Achievement for Excellence in Financial Reporting for the 2008 Comprehensive Annual Financial Report (CAFR). She formally recognized Financial Analyst Peper, in attendance, for her efforts and the efforts of the entire Finance Department. B. Donation by Cottage Grove Athletic Association MOTION BY COUNCIL MEMBER GROSSKLAUS, SECONDED BY COUNCIL MEMBER RICE, TO ADOPT RESOLUTION NO. 2010 -009 A RESOLUTION ACCEPTING A DONATION FROM THE COTTAGE GROVE ATHLETIC ASSOCIATION RECREATIONAL SOCCER DIVISION IN THE AMOUNT OF $25,000 FOR THE PARKS DIVISION OF THE DEPARTMENT OF PUBLIC WORKS TO BE USED FOR RESTORATION OF SOCCER FIELDS AT KINGSTON PARK. MOTION CARRIED, 5 -0. Ned Ammons, Peggy Schoenberger, and Nanette Marsh of the Cottage Grove Athletic Association presented the check to the Mayor, Council Members, Public Works Director Les Burshten, and Parks Maintenance Foreman Jim Fohrman. 3. APPROVAL OF MINUTES A. December 16, 2009 Regular Meeting Mayor Bailey stated the minutes of the December 16, 2009 regular meeting stand approved as presented. B. January 6, 2010 Regular Meeting Mayor Bailey stated the minutes of the January 6, 2010 regular meeting stand approved as presented. 4. CONSENT CALENDAR Cottage Grove City Council I ry February 3, 2010 Regular Meeting I J Mayor Bailey pulled item F and briefly reviewed the 2010 City Council goals. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO: A. ACCEPT AND PLACE ON FILE THE MINUTES OF THE NOVEMBER 23, 2009 PLANNING COMMISSION MEETING. B. ADOPT RESOLUTION NO. 2010 -010 A RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $10,250.64 TO TOWER ASPHALT, INC., FOR THE 2008A STREET IMPROVEMENT PROJECT. C. PASS ORDINANCE NO. 872 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING CITY CODE TITLE 11, CHAPTER 1, SECTION 3, DEFINITIONS; REPEALING TITLE 11, CHAPTER 12 AND ADDING A NEW CHAPTER 12, RELATING TO FLOODPLAIN MANAGEMENT. ADOPT RESOLUTION NO. 2010 -011 A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 872 BY TITLE AND SUMMARY. D. ADOPT RESOLUTION NO. 2010 -012 A RESOLUTION APPROVING THE REVISED INVESTMENT POLICY. E. ADOPT RESOLUTION NO. 2010 -013 A RESOLUTION APPROVING THE DEBT MANAGEMENT POLICY. F. APPROVE THE 2010 CITY COUNCIL GOALS. G. AUTHORIZE STAFF TO SUBMIT THE FEDERAL FY2011 TRANSPORTATION FUNDING REQUEST FOR THE SOUTHWEST COTTAGE GROVE TRANSPORTATION CORRIDOR IMPROVEMENT PROJECT. H. APPROVE THE LABOR AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND AFSCME, LOCAL NO. 517 FOR 2010 AND 2011. I. APPROVE THE MASTER LIST OF TREES FOR STREET BOULEVARDS. J. MAINTAIN THE EXISTING PARK DEDICATION FEES FOR 2010. K. ADOPT RESOLUTION NO. 2010 -014 A RESOLUTION GRANTING A SECOND TWO (2) YEAR EXTENSION TO THE FINAL PLAT APPROVAL PERIOD FOR THE LEHIGH ACRES SUBDIVISION. L. ADOPT RESOLUTION NO. 2010 -015 A RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A NUISANCE AT 8751 HALLMARK AVENUE SOUTH, COTTAGE GROVE. M. APPROVE THE PURCHASE OF ONE (1) NEW FINN T75T HYDRO - SEEDER FROM FINN CORPORATION FOR THE PUBLIC WORKS DEPARTMENT IN Cottage Grove City Council 14 February 3, 2010 Regular Meeting THE AMOUNT OF $32,870.38. N. ADOPT RESOLUTION NO. 2010 -016 A RESOLUTION AMENDING THE PERSONNEL POLICY ADDING SECTION 21.12 RELATING TO SOCIAL MEDIA. MOTION CARRIED. 5 -0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES - None. 6. PUBLIC HEARINGS - None. 7. BID AWARDS - None. 8. UNFINISHED AND NEW BUSINESS A. Zonina Ordinance Amendment to Prohibit Commercial Waste Incineration Facilities Community Development Director Blin stated that 3M has a hazardous waste incinerator at their 3M- Cottage Grove complex. Under their current permit with the Minnesota Pollution Control Agency (MPCA), 3M is only allowed to burn 3M- generated hazardous waste at their facility, or 3M waste that is transported in from different points in North America to be disposed of at the facility. Mr. Blin stated in the spring of 2009, 3M submitted an application to the MPCA to modify their existing air and hazardous waste permits to allow them to burn outside waste. Community Development Director Blin stated that the Environmental Task Force studied the proposed modifications to the incinerator permit and there was a concern that this permit modification, if approved, could lead to the future conversion of the facility from a corporate incinerator, which burns 3M waste, to a commercial incinerator, which burns waste from a variety of sources for a fee. Community Development Director Blin stated that the ordinance amendment would prohibit commercial incinerators by placing the use in a newly created category of prohibited uses in the industrial zoning districts. Added to the existing industrial categories of permitted, conditional, and accessory uses would be uses which are prohibited. The effect of this amendment would be to continue the current 3M corporate incinerator as a legal non - conforming use which can continue to operate but may not be expanded. Conversion of the facility to a commercial incinerator would, however be prohibited. Community Development Director Blin then read aloud the definition of a commercial waste incineration facility for the audience. Mayor Bailey asked Council if they had any questions for Community Development Director Blin. Council Member Grossklaus stated if 3M brings in waste that is free, would that Cottage Grove City Council February 3, 2010 Regular Meeting be considered commercial? Community Development Director Blin responded that 3M's proposal would be to bring in fuel wastes at no charge and under the proposed ordinance that would not fail under the definition of commercial incineration. Council Member Olsen stated he was curious where the definition of a commercial waste incineration facility came from and asked whether it is consistent with the Minnesota Pollution Control Agency or the Environmental Protection Agency (EPA) rules, or a combination of the two? Community Development Director Blin stated that the definition was developed by him and the City Attorney. Neither the MPCA nor the EPA differentiates between a corporate incinerator and a commercial incinerator in their rules. He stated that it was his opinion that the definition proposed does address the concern that was raised by the Environmental Task Force, which was whether this facility could be converted to a facility that takes in waste for a charge, fee or some remuneration. Mayor Bailey asked if a representative of 3M would like to speak. No one in the audience responded to the invitation. Mr. Bill Morris, President of Decision Resources, Minneapolis, stated they are a full service market research firm who principally works with cities and school districts in assessing public opinion and issues and stated his firm was retained by the "Independent Coalition of Concerned Cottage Grove Citizens ". Mr. Morris then presented the results of the citizen survey relating to 3M. Mayor Bailey asked if anyone else in the audience would like to speak. Katie Sieben, State Senator and resident of Cottage Grove, pointed out that it is important for the Council not to consider this necessarily as a 3M issue, but more as an overall environmental issue for the City of Cottage Grove. She stated it came to her attention that overall the level of hazardous waste materials that potentially would be burned at the facility would increase. She stated she supported prohibiting the commercialization of this hazardous waste facility noting that it is important to keep in mind that this is the one and only hazardous waste facility in the State of Minnesota. She stated she would be happy to work with the City on this and commented that it is important that the public understand that this is not just allowing 3M to burn more 3M materials, they would actually accept waste from all over the State, even outside the State. Council Member Olsen stated he was struggling with the definition of a commercial facility and stated he was disappointed that we are not getting guidance from the MPCA or the EPA. He stated he would like to know whether Staff has explored further the definition of commercial as defined by other States, other regulatory entities, or whether we just hit a brick wall that we cannot seem to get an answer on. Cottage Grove City Council I G February 3, 2010 Regular Meeting I V Community Development Director Blin stated that the federal rules for an incinerator are fairly extensive, but they relate primarily on emissions and operating standards. He stated they do not distinguish in the rules between whether the incinerator is being paid or receiving some kind of compensation for waste. Community Development Director Blin stated during the Environmental Task Force's review of the incinerator, there was concern that should 3M be allowed by the State to accept fuel waste from outside sources (non -3M sources) that they would be one step closer to a commercial waste incinerator. He stated that when the City Council adopted the recommendations of the Task Force, those recommendations were passed on to the MPCA. There was direction from the Council to come up with a definition and an ordinance prohibition on commercial incineration facilities. He stated that on the question of how to define commercial waste, it is his belief that the definition in the proposed ordinance accomplishes that. City Attorney Heine stated the ordinance was drafted so that it defines a commercial facility as a facility that sells services of burning material for generators other than the owner and operator of the facility. In anticipation of 3M going forward with the modification of their MPCA permit, she stated that the definition in this proposed ordinance was drafted with that in mind. Council Member Olsen stated his last questions was, in lieu of an ordinance, it seems there would have been an option to reopen the initial conditional use permit to implement similar language, and asked if that was explored? Mayor Bailey stated that he met with 3M and asked them if they would reopen their CUP so that we could make some changes, specifically to the commercial incineration element, and they responded no. Council Member Grossklaus asked if 3M were to sell their incinerator facility, would the existing conditional use permit apply to the new owner and would the facility continue to operate as a legal non - conforming use. City Attorney Heine stated that the State law provides that when a conditional use permit has been issued, it runs with the property and not the property owner. Pam Ott - Morse, 11381 Kingsborough Trail South, Cottage Grove, stated she attended one of the first meetings at 3M and a representative of 3M explained to her that if they do not get waste from non -3M sources, they would have to use natural gas. She stated now it sounds like they would actually get the waste free Mayor Bailey asked for a motion to adopt the ordinance amendment to prohibit commercial waste incineration facilities in Cottage Grove. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER RICE, TO PASS ORDINANCE NO. 873 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING TITLE 11, CHAPTER 1, Cottage Grove City Council February 3, 2010 Regular Meeting SECTION 3(E), RULES OF WORD CONSTRUCTION; DEFINITIONS; AND TITLE 11, CHAPTER 11, SECTION 2; PERMITTED AND CONDITIONAL USES, AND TO ADOPT RESOLUTION NO. 2010 -017 A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 873 BY TITLE AND SUMMARY. MOTION CARRIED. 5 -0. Council took a brief break at 8:20 p.m., and reconvened the regular meeting at 8:28 p.m. B. Emerald Ash Borer Management Plan City Forester Bowe reviewed the Emerald Ash Borer Management Plan consisting of the following: i. Mitigation and Monitoring ii. EAB Tree Age ® Direct Injection Treatment iii. Ash Tree Removal and Replacement iv. Wood Disposal v. EAB Management Plan Budget vi. EAB Cost Benefit Analysis Following a brief discussion, MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY MAYOR BAILEY, TO APPROVE THE EMERALD ASH BORER MANAGEMENT PLAN. MOTION CARRIED. 5 -0. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS A. Highlands Park Storm Water Holding Pond Council Member Grossklaus thanked Public Works for their response to his request to plow and maintain the pond throughout the winter months for ice skating. No action taken. 10. COUNCIL COMMENTS AND REQUESTS Council Member Olsen stated that at an upcoming meeting, the Council will be asked to establish the Environment Task Force as a Commission and asked if we have made any headway in researching whether or not we would be able to bring the various groups together in the near future. City Engineer Levitt informed Council that staff is working with a consultant to generate a proposal that would assemble a work group of the State agencies, such as the Health Department, Pollution Control Agency, Department of Natural Resources, Metropolitan Council, other local units of government, Washington County, and the Watershed District to review the PFC issue in our ground water and to look at the remediation plan that had been proposed. Council Member Olsen asked at what point will Council see that and will we be able to determine the next steps. City Engineer Levitt responded that the action for assembling a commission will be brought before the Council at the February 17 meeting and the Environmental Commission will be meeting on February 23. At that time she would anticipate that they would be adopting a work plan. Cottage Grove City Council p February 3, 2010 Regular Meeting O Council Member Olsen asked if that gives us enough time with respect to the remediation window that we are looking at with the MPCA to make any recommendations. City Engineer Levitt stated their goal would be to proceed as quickly as possible with the work group to arrive at some conclusions. 11. PAY BILLS MOTION BY COUNCIL MEMBER GROSSKLAUS, SECONDED BY COUNCIL MEMBER RICE, TO APPROVE PAYMENT OF CHECK NUMBERS 165796 THROUGH 165988 TOTALING $315,086.11. (CHECK NUMBERS 165796 THROUGH 165817 TOTALING $154,321.05 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 OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADJOURN THE REGULAR MEETING AT 8:54 P.M. MOTION CARRIED. 5 -0. Respectfully submitted, Caron M. Stransky City Clerk