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HomeMy WebLinkAbout2009-12-16 PACKET 03.A.COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting November 4, 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 Mark Grossklaus, Council Member Justin Olsen, Council Member Jen Peterson, and Council Member Pat Rice. The following were absent: None. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Brenda Peper, Financial Analyst; Howard Blin, Community Development Director; Corrine Heine, City Attorney- Kennedy & Graven; Craig Woolery, Public Safety Director; Jennifer Levitt, City Engineer; and Les Burshten, Public Works Director. Mayor Bailey opened Open Forum at 7:15 p.m., and asked if anyone in the audience wished to address the City Council on any topic not on the agenda. There being none, Mayor Bailey closed Open Forum to the Regular Meeting. CALL TO ORDER - Regular Meeting The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on November 4, 2009, 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 Mark Grossklaus, Council Member Justin Olsen, Council Member Jen Peterson, and Council Member Pat Rice. The following were absent: None. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Brenda Peper, Financial Analyst; 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. Cottage Grove City Council ry November 4, 2009 Regular Meeting C Mayor Bailey presided over the meeting. � �Tiliii7i•[�7ye[el��i�L1 MOTION BY COUNCIL MEMBER RICE, SECONDED BY COUNCIL MEMBER OLSEN, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 5 -0. 2. PRESENTATIONS A. Swearing In Presentation City Administrator Schroeder introduced and administered the Oath of Office to Police Officers Adam Felton and Nils Torning. Public Safety Director Woolery expressed his personal congratulations and acknowledged their accomplishments. 3. APPROVAL OF MINUTES -None. 4. CONSENT CALENDAR Council Member Rice pulled item F and acknowledged the donation of $100.00 from Residential Mortgage Group Inc. (RMG) on behalf of Cyndee Engfer of the Cottage Grove Public Safety Department. MOTION BY COUNCIL MEMBER GROSSKLAUS, SECONDED BY COUNCIL MEMBER PETERSON, TO: A. ACCEPT AND PLACE ON FILE THE MINUTES OF THE FOLLOWING MEETINGS - NONE. B. AUTHORIZE ISSUANCE OF A SINGLE - OCCASION GAMBLING PERMIT TO THE EAST RIDGE ATHLETIC ASSOCIATION TO CONDUCT BINGO AND A SILENT AUCTION AT THE RIVER OAKS GOLF COURSE ON NOVEMBER 14, 2009. C. ADOPT RESOLUTION NO. 2009 -186 A RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $51,927.05 TO FRATTALONE COMPANIES, INC., FOR SOUTHPOINT RIDGE UTILITY, STREET AND STREET LIGHTING PROJECT. D. APPROVE THE PURCHASE OF TWO (2) FORD CROWN VICTORIA, ONE (1) FORD EXPEDITION, AND ONE (1) FORD F250 CREW CAB PICKUP FROM ELK RIVER FORD FOR COST TOTALING $95,314.40 FOR THE PUBLIC SAFETY DEPARTMENT. E. RECEIVE THE REPORT FROM CITY ADMINISTRATOR SCHROEDER FOR SHARED SERVICES WITH SURROUNDING COMMUNITIES. F. ADOPT RESOLUTION NO. 2009 -187 A RESOLUTION ACCEPTING DONATION OF $100.00 FROM RESIDENTIAL MORTGAGE GROUP INC. (RMG) ON BEHALF OF CYNDEE ENGFER TO THE COTTAGE GROVE DEPARTMENT OF PUBLIC SAFETY, Cottage Grove City Council November 4, 2009 Regular Meeting POLICE DIVISION, TO BE USED AS NEEDED. G. ADOPT RESOLUTION NO. 2009 -188 A RESOLUTION AUTHORIZING STAFF TO APPLY FOR THE MINNESOTA DEPARTMENT OF AGRICULTURE FOREST PROTECTION RESERVE - PLANNING AND PREPAREDNESS GRANT. H. APPROVE THE SOUTH WASHINGTON WATERSHED DISTRICT DEICING EQUIPMENT PROJECT AND AUTHORIZE THE MAYOR AND CITY ADMINISTRATOR TO SIGN THE COOPERATIVE AGREEMENT ON BEHALF OF THE CITY. APPROVE THE SOUTH WASHINGTON WATERSHED DISTRICT ED -P6 POND IMPROVEMENT PROJECT AND AUTHORIZE THE MAYOR AND CITY ADMINISTRATOR TO SIGN THE COOPERATIVE AGREEMENT ON BEHALF OF THE CITY. J. ADOPT RESOLUTION NO. 2009 -189 A RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A NUISANCE AT 8063 HARKNESS AVENUE SOUTH. K. AWARD THE PROFESSIONAL SERVICES CONTRACT TO BONESTROO FOR THE GIS AND INFRASTRUCTURE ASSET MANAGEMENT FOR $74,850 AND AUTHORIZE PURCHASE OF THE EQUIPMENT NEEDED FOR PUBLIC WORKS TO IMPLEMENT ASSET MANAGEMENT. L. APPROVE CHANGE ORDER NO. 1 WITH FINAL TOUCH EXCAVATING INC., FOR REVISIONS TO THE HAMLET POND PHASE 3 CONTRACT TO PROVIDE FOR GRADING AND SHAPING OF THE HAMLET PARK BALL FIELD EXPANSION AREA AND HAULING OF EXCESS MATERIAL FROM THE SITE FOR A TOTAL CHANGE ORDER COST OF $15,110.48. MOTION CARRIED. 5 -0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES A. Response to Eleanor Clancy Comments at the October 7 2009 Meeting Mayor Bailey acknowledged the letter sent to Eleanor Clancy, 8063 113` Street South in response to her comments at the October 7, 2009 City Council Open Forum. 6. PUBLIC HEARINGS -None. 7. BID AWARDS - None. 8. UNFINISHED AND NEW BUSINESS A. Amendment to Organizational Chart Cottage Grove City Council November 4, 2009 Regular Meeting 14 City Administrator Schroeder recommended amending the organizational chart establishing the Department of Administration and the Department of Finance. He also recommended that the management analyst position titles for the existing management analyst positions be reassigned to managers of human resources, economic development, and community services /communications. Mayor Bailey asked if anyone on Council had any questions. Council Member Olsen suggested that for the proposed tiles they be changed from manager to Human Resources Coordinator, Economic Development Coordinator, and Community Services /Communications Coordinator. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO AMEND THE PROPOSAL TO CHANGE THE TITLE FROM THAT OF MANAGER TO COORDINATOR FOR EACH OF THE NEW POSITIONS - HUMAN RESOURCES COORDINATOR, ECONOMIC DEVELOPMENT COORDINATOR AND COMMUNICATIONS COORDINATOR UNTIL SUCH TIME AS WE DEEM NECESSARY TO RE -VISIT THIS. Mayor Bailey stated that we are not adding new positions; we are re- classifying three (3) existing employees and streamlining some of responsibilities so there is more specific direct accountabilities as it relates to each position. UPON VOTE BEING TAKEN, MOTION CARRIED. 5 -0 B. 3M Incinerator Proposal Mayor Bailey noted this is to consider approving the resolution providing comments to the Minnesota Pollution Control Agency (MPCA) on the request of 3M to modify their MPCA permit to accept and process non -3M generated hazardous waste at their hazardous waste incinerator at 3M- Cottage Grove. Community Development Director Blin reviewed the Environmental Task Force report on the 3M Incinerator Proposal noting that they were assisted on a technical basis by Tom Henning of SEH, Inc. Community Development Director Blin summarized the proposal noting that 3M is currently permitted to burn hazardous wastes generated only by 3M facilities. Mr. Blin stated that 3M is seeking to amend their permit to allow them to burn high -BTU solvents from sources outside 3M. Community Development Director Blin stated in terms of government controls over the incinerator, the City issued a special use permit in 1970, and no change is required by the City for 3M's current proposal. The special use permit does not specify the source of the waste so the City's permit does not need to be amended in any way. The MPCA must approve the permit amendment and the current air emission permit allows only Cottage Grove City Council November 4, 2009 Regular Meeting 3M waste to be burned. Washington County must approve an amendment to 3M's solid waste permit. Community Development Director Blin then presented a schematic showing the incinerator operation noting that emission limits are set by the MPCA and the U.S. Environmental Protection Agency and the 3M proposal before the MPCA would not change those limits. Community Development Director Blin noted that if the permit is ultimately approved by the MPCA, the changes in emissions over the current natural gas and fuel oil that is used to fuel the incinerator would increase the volatile organic compounds of the VOC by about .001 pounds per hour or less than a half a percent increase. The particulate matter would increase by about .03 pounds per hour or less than a 1 % increase. There would be no change in the metals. Thomas Henning of SHE, Inc. provided a summary of the technical evaluations that they completed for the Task Force. He stated that the 3M- Cottage Grove facility is actually permitted as eight (8) separate facilities: • Abrasive Systems Division • Building 17 • Building 13 - Formally TCM • Center Utilities • Corporate Incinerator • Film & Materials Resource Division • Specialty Additives • Tape Manufacturing Henning stated that he submitted a request to receive information that the MPCA has on the 3M facilities and focused on three (3) specific facilities at the Cottage Grove plant for the years 2006, 2007, and 2008 - being the Materials Resource Division, Tape Manufacturing, and the Corporate Incinerator. The three (3) operations generate the majority of emissions at the 3M Center. Henning then reviewed the emissions from combustion, volatile organic compounds, the VOC emissions (tons per year), 2005 emissions (pound per year), allowable versus actual emissions of the 3M Incinerator and the emission test results. Henning stated there was a public meeting a few weeks ago where the public was allowed to express concerns or present questions about the 3M plant, and one question dealt with their Risk Management Plan which is required at facilities that store quantities of chemicals that might be released and become a hazard to the surrounding community. Henning stated they looked into it and the 3M incinerator is not required to prepare such a plan because they do not store those chemicals. Henning stated another person asked about the operation of the incinerator. They were concerned that it was operating differently at night than during the day. Henning Cottage Grove City Council I c November 4, 2009 Regular Meeting 1 V stated he sent an engineer from his office to the 3M Incinerator to look at their operational data from the incinerator noting that SEH, Inc. saw no significant difference in the incinerator or pollution control operation. Henning noted that the MPCA conducts inspections of all of the 3M plants on a two - year cycle. In the Materials Resource Division they looked at inspection reports from 2005, 2007 and in 2008; tape manufacturing for the same three years; and for the incinerator in 2006 and 2008. All of the reports show that the three (3) facilities are operating in compliance with their permit. Henning stated that every six (6) months 3M is required to submit a report to MPCA that highlights deviations or abnormalities that have occurred during the previous six (6) months. He stated they looked at those reports for the three (3) aforementioned facilities and for the material resources division and tap manufacturing there were some minor for incidents reported. For the incinerator, they were more frequent but in very short duration and the report summarized those deviations. Henning stated in general, the incinerator has operated in compliance with the air permit requirements, the emission tests have all shown compliance, the incinerator operation and the operation of the control equipment does not vary between night and day, the incinerator is not required to prepare a Risk Management Plan, and for many pollutants, the emission levels are greater from other Divisions at the 3M- Cottage Grove facility than they were at the incinerator. Community Development Director Blin then reviewed the recommendations from the Environmental Task Force to the MPCA on the 3M request for permit modification. Commercial Incineration If MPCA Permit No. MND006172969 is modified to allow 3M to burn non -3M generated solvent waste as a fuel source for the incinerator, the permit and any renewal thereof should include a condition that prohibits commercial incineration at the facility. Commercial incineration is defined as 3M accepting payment or other compensation for burning wastes generated by non -3M sources. 3M has represented to the City that 3M will voluntarily agree to such a condition, and the City has relied upon that representation. 2. Non -3M Wastes Allowed If MPCA Permit No. MND006172969 is modified to allow 3M to burn non -3M generated solvent waste as a fuel source for the incinerator, the permit and any renewal thereof should include a condition that 3M may accept only bulk wastes with high BTU content from non -3M sources. All non -3M generated wastes must have one of the following waste codes listed in the hazardous waste manifest: F001, F002, F003, F005, D001, and codes related to law enforcement wastes. 3M has represented to the City that 3M will voluntarily agree to such a condition, and the City has relied upon that representation. 3. Limits on Non -3M Wastes. If MPCA Permit No. MND006172696 is modified to allow 3M to burn non -3M generated solvent waste as a fuel source for the Cottage Grove City Council November 4, 2009 Regular Meeting incinerator, the permit and any renewal thereof should include a condition that establishes a maximum limit of non -3M wastes of 400,000 million BTU per year of wastes burned at the incinerator from sources within the United States. 3M has represented to the City that 3M will voluntarily agree to such a condition, and the City has relied upon that representation. 4. Law Enforcement Materials If MPCA Permit No. MND006172969 is modified to allow 3M to burn non -3M generated solvent waste as a fuel source for the incinerator, the permit and any renewal thereof should include a condition law enforcement waste may be accepted only from Minnesota law enforcement agencies for processing at the incinerator. 3M has represented to the City that 3M will voluntarily agree to such a condition, and the City has relied upon that representation. 5. Risk Assessment With the 2010 permit renewal, an update shall be prepared of the 2004 Human Health and Ecological Risk Assessment for the incinerator. 6. Incinerator Inspections The City requests the MPCA to perform their inspections of the 3M Corporate Incinerator to be conducted in a more random and unannounced nature. Mayor Bailey asked if Council had any questions for staff or Mr. Henning Council Member Olsen stated that the 400,000 million pounds of BTU's, you indicated equates to two (2) tanker truck loads per day. He stated it was his recollection that at the beginning of this dialogue, it was one (1) tanker truck per day and stated he is curious what changed. Community Development Director Blin stated the actual representation by 3M at the start of this process was about one (1) tanker load per day. He stated 3M was concerned that if they are limited to one -half of that or one truck per day, they may not have enough solvent waste to fuel the incinerator properly. Vickie Batroot, 3M Cottage Gove Site Director, stated that early in the process when 3M was asked what volume of solvent we were talking about there was concern that there would be a stream of trucks going in and out of the site on a daily basis. She stated it would be more like one tanker per day. Currently, 3M has 100 to 125 trucks coming into the facility each day. Ms. Batroot stated that 3M sharpened their pencils and when they did the math, it came out to about 1.5 tankers on average per day and they rounded that up to two (2) tankers. Council Member Olsen stated that one of the recommendations is to prohibit commercial incineration in the MPCA permit. He asked whether, 3M as an example, applied for a permit modification six months to a year from now to amend the current agreement we are looking at today what does that look like, what does that mean, and how does the City then respond to that? Community Development Director Blin responded that if that condition is put in the permit, Staff would be made aware of that proposal and the Council would probably direct them to protest a permit modification Cottage Grove City Council I p November 4, 2009 Regular Meeting O because it is an agreed upon stipulation that 3M and the City have reached. Community Development Director Blin stated the process is the same but the MPCA would be hard pressed to modify a permit that the City and 3M have agreed upon. Council Member Olsen asked if there was any dialogue by the Task Force on the original Special Use Permit and perhaps implementing language prohibiting commercial incineration in the original SUP. Community Development Director Blin responded that the Task Force did discuss opening up the original 1970 Special Use Permit to include a clause that would prohibit commercial incineration; however, the important point is special use permits can only be revised by the mutual consent not only of the City, but of the party holding the permit, or in this case 3M. 3M did not agree to do that. Council Member Olsen asked if they are open to putting that in the MPCA permit. Community Development Director Blin responded that they discussed it and on a 5 -2 vote, approved the recommendation on the table. He stated without 3M's concurrence, the original Special Use Permit could not be re- opened. Mayor Bailey asked if Council had any further questions from Staff at this time. There being none, Mayor Bailey stated before he looks for a motion, one of the things he found very interesting in this whole process was the fact that we have learned that the City's land use controls do not address hazardous waste incinerators within Cottage Grove and as everyone is aware, the authority of the City of Cottage Grove is very limited on what we can actually do in the sense of approvals or disapprovals especially without 3M's consent. He stated he wanted to mention that what he will be doing after the vote is completed and calls for a motion, he will be asking for a motion to direct City Staff and the Planning Commission to study the range of impacts caused by commercial and non - commercial incinerators and to recommend changes to the City's zoning code and other official controls as necessary to prevent commercial incineration and to restrict expansion of existing incinerator facilities within the City of Cottage Grove. MOTION BY COUNCIL MEMBER RICE, SECONDED BY COUNCIL MEMBER GROSSKLAUS, TO ACCEPT THE ENVIRONMENTAL TASK FORCE RECOMMENDATIONS AND ADOPT RESOLUTION NO. 2009 -190 A RESOLUTION PROVIDING COMMENTS ON THE REQUEST OF 3M TO THE MINNESOTA POLLUTION CONTROL AGENCY TO MODIFY PERMIT MND006172969 REGULATING THE OPERATION OF A HAZARDOUS WASTE INCINERATOR AT 3M- COTTAGE GROVE. Mayor Bailey asked the City Clerk to conduct a roll call vote. City Clerk Stransky asked for roll call votes from: • Mayor Bailey -Voted Aye • Council Member Peterson -Voted Nay • Council Member Rice -Voted Aye • Council Member Olsen -Voted Nay Cottage Grove City Council n November 4, 2009 Regular Meeting 7 Y Council Member Grossklaus -Voted Aye MOTION CARRIED. 3 -2. (COUNCIL MEMBER PETERSON AND COUNCIL MEMBER OLSEN VOTING NAY) MOTION BY MAYOR BAILEY, SECONDED BY COUNCIL MEMBER OLSEN, TO DIRECT CITY STAFF AND THE PLANNING COMMISSION TO STUDY THE RANGE OF IMPACTS CAUSED BY COMMERCIAL AND NON - COMMERCIAL INCINERATORS AND TO RECOMMEND AMENDMENTS TO THE CITY'S ZONING CODE AND OTHER OFFICIAL CONTROLS AS NECESSARY TO PREVENT COMMERCIAL INCINERATION AND TO RESTRICT EXPANSION OF EXISTING INCINERATION FACILITIES. MOTION CARRIED. 5 -0. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS - None. 10. COUNCIL COMMENTS AND REQUESTS Council Member Peterson stated the next Human Services /Rights Commission meeting is November 11, 2009. Due to it being Veteran's Day Holiday, that meeting has been cancelled. Mayor Bailey announced upcoming events: Decorate and Skate at the Ice Arena - Wednesday, November 18' from 6:30 PM to 8:00 P.M. Bring a new or gently used decoration for the 12 -foot tree in the Ice Arena and receive $2.00 off your public skating admission of $4.00. The discount is valid on that evening only. Free hot chocolate will be provided at the event. • Holiday Train Pancake Breakfast- Saturday, November 21 from 8:00 AM to 10:00 AM, at Applebee's which includes all you can eat pancakes, eggs, bacon, and beverage, for $6.00 per person. With the purchase, you will be eligible to win a ride on the Holiday Train. Three (3) winners, with a guest, will be chosen. • Holiday Train Dine to Donate - Friday, November 27` or Saturday, November 28' at Applebee's 20% of your bill will be donated to the Friends in Need Food Shelf. • Residential Holiday Lighting Contest - Nominations must be received by Wednesday, November 25' homes will be judged on overall appearance, creativity, holiday spirit, theme, taking place between December 7` and 11` , between 5:00 PM and 10:00 PM. Nomination forms are available at City Hall, Public Works and on the City's web site at www.Cottage- Grove.org • Community Tree Lighting Ceremony at City Hall - December 2 "d at 6:00 PM. Music will be provided by the Park High choir, free hot beverages and cookies will be served. Cottage Grove City Council 1 .g November 4, 2009 Regular Meeting I i Walk'n Skate with Santa following the Community Tree Lighting Ceremony -Join Santa and walk to the Ice Arena for public skating from 6:30 PM to 8:00 P.M. , on December 2o Admission is $4.00 per person. Holiday Train is scheduled to stop in Cottage Grove - Saturday, December 12` from 5:30 PM to 6:30 P.M. at West Point Douglas Road, south of the 80 Street Sieben Bridge, near the Youth Service Bureau. There will be live music and a visit from Santa, free beverages and cookies will be served, and they are asking everyone to bring a cash donation or non - perishable food item for the Friends in Need food shelf. 11. PAY BILLS MOTION BY COUNCIL MEMBER GROSSKLAUS, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE PAYMENT OF CHECK NUMBERS 164728 THROUGH 164922 TOTALING $688,293.56. (CHECKS 164728 - 1 64751 TOTALING $163,545.03 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 RICE, SECONDED BY COUNCIL MEMBER PETERSON, TO ADJOURN THE REGULAR MEETING AT 8:30 P.M.. MOTION CARRIED. 5 -0. Respectfully submitted Caron M. Stransky City Clerk