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HomeMy WebLinkAbout2010-02-17 MINUTES COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting February 17, 2010 OPEN FORUM 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 Grossklaus, Council Member Jen Peterson, and Council Member Justin Olsen. The following were absent: None. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Howard Blin, Community Development Director; 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. Fred Luden, 11401 Kingsborough Trail South, Cottage Grove, on behalf of the Coalition of Concerned Cottage Grove Citizens, thanked the Mayor and City Council Members for allowing Decision Resources Ltd., to make a presentation at the last regular Council Meeting. He stated that in the survey, respondents were almost 2-to-1 in opposition to 3M’s proposal. In every demographic, whether it was in age or longevity, respondents were opposed to the proposal. Mr. Luden stated there was only one group that stood out, and that was the 3M-Cottage Grove employees who were 83% in favor, 8% opposed, and 8% were not sure yet. Mr. Luden stated that on March 8, 2010, at 7:15 p.m., in the City Hall Council Chamber, the Coalition is going to be holding a hold a meeting with City leaders, County leaders, State leaders and they are inviting the Minnesota Pollution Control Agency (MPCA) noting that Bill Morris of Decision Resources will present their survey in more detail. Mr. Luden stated that while 3M would like to accept solvent fuel from other sources, the material is not the kind of stuff that you can buy at Menards; it is the material that comes from still bottoms. He stated that after you decant the material and takes the solvent that can be reclaimed or reused, 3M resells the material. Mr. Luden suggested that the Council and/or Staff ask for a copy of the manifest where they are sending the solvent fuel. He also stated that even state of the art incinerators like the one 3M has, releases three (3) types of dangerous pollutants into the environment. They are heavy metals (lead, arsenic, chrome, etc.), dioxins and prangs. Dioxins are highly toxic and the Environmental Protection Agency (EPA) recommends that they be at a zero level if at all possible. Mr. Luden suggested that the City Council amend the definition in the existing ordinance to include what is allowed noting that there are only two (2) definitions that would apply to a captive Cottage Grove City Council 2 February 17, 2010 Regular Meeting incinerator. He stated that one is an incinerator owned and operated for private use by an individual waste generator, and that is what 3M-Cottage Grove has been since its inception. The other is a commercial incinerator that is owned and operated by a waste management firm in which waste may be burned for a fee. Chad Magle, 11301 Inman Avenue South, Cottage Grove, stated he was before the Council to speak regarding the River Acres Pavement Management Improvement Project. Mayor Bailey stated the Council would be discussing that item during the Regular Meeting and at that time Mr. Magle would have a chance to speak. 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 th meeting on February 17, 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 The audience, staff and the Mayor and Council Members pledge 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 Mark Grossklaus, Council Member Jen Peterson, and Council Member Justin Olsen. The following were absent: None. 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 presided over the regular 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. 2.PRESENTATIONS A.South Washington Watershed District Update Mr. Matt Moore, Administrator for the South Washington Watershed District provided an update on the Watershed District’s upcoming projects and priorities. Cottage Grove City Council 3 February 17, 2010 Regular Meeting Board Managers Johnson (Woodbury); Manager Hanna (Grey Cloud); and Manager Lavold (Cottage Grove) were in attendance. 3.APPROVAL OF MINUTES A.January 20, 2010 Special Meeting Mayor Bailey stated the minutes of the January 20, 2010 Special Meeting stand approved as presented. B.January 20, 2010 Regular Meeting Mayor Bailey stated the minutes of the January 20, 2010 Regular Meeting stand approved as presented. C.February 3, 2010 Regular Meeting Mayor Bailey stated the minutes of the February 3, 2010 Regular Meeting stand approved as presented. 4.CONSENT CALENDAR Council Member Peterson pulled items K and M; Council Member Rice pulled items G and F; and Council Member Olsen pulled item L for discussion purposes. Council Member Peterson stated item M pertains to the changing the Environmental Task Force to an Environmental Commission. She stated that she was in favor of the proposal to designate the Environmental Task Force as a Commission, so that residents can view the meetings on the government channel. Council Member Peterson stated that item K is in regards to the steps the City is taking to become a Yellow Ribbon City, which is to support military families before, during, and after deployment. As a former military wife, she personally knows the stress that a deployment can cause and encouraged the community to embrace the program. Council Member Rice stated item G is to accept a donation of $100.00 from RMG on behalf of Wayne and Jennifer Nedry to the Cottage Grove Department of Public Safety, Fire Division Auxiliary, to be used as needed. He then acknowledged item F, a grant that the City will be receiving totaling $35,677.00 from the Federal Emergency Management Agency to purchase electronic lift stretchers and transfer flat lifting tarps. Council Member Olsen stated that item L is the reappointment of commissioners to a variety of advisory commissions. He stated he pulled this item because he was wondering whether the Council was interested in consolidating some of our existing advisory commissions, which is something discussed in the past, and if so, should the Council delay the reappointment of commissioners. Council Member Olsen then stated he was unsure about the reappointment process and asked whether there was a process in place or whether we simply ask each individual whether they would like to serve another term. Cottage Grove City Council 4 February 17, 2010 Regular Meeting City Administrator Schroeder stated that for new appointments, the Council liaison and Commission Chair interviews each applicant and makes a recommendation to the Council for appointment. He stated for reappointments, he does not recall whether there is actual written policy in place and stated that the practice has been that each Commissioner is asked whether they are interested in a reappointment and if there is an affirmative response, it is brought forward to the Council. City Administrator Schroeder stated pursuant to City Code, Commission Chairs are appointed by the Council and Vice-Chairs are appointed by the Commission. Mayor Bailey stated that the Council should to discuss the consolidation of commissions at a future workshop session before making any formal decision. MOTION BY COUNCIL MEMBER GROSSKLAUS, SECONDED BY COUNCIL MEMBER OLSEN, TO: A.ACCEPT AND PLACE ON FILE MINUTES OF THE: i.ECONOMIC DEVELOPMENT AUTHORITY MEETING OF JANUARY 12, 2010; ii.PUBLIC SAFETY, HEALTH AND WELFARE COMMISSION MEETING OF NOVEMBER 17, 2009. B.ADOPT RESOLUTION NO. 2010-018, A RESOLUTION IN SUPPORT OF THE MINNESOTA HIGH SPEED RAIL COMMISSION’S REQUESTS FOR STATE AND FEDERAL FUNDING. C.ADOPT RESOLUTION NO. 2010-019, A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE 2010 SEAL COAT PROGRAM AND TO SET A BID OPENING DATE FOR THURSDAY, APRIL 1, 2010 AT 11:00 A.M., IN THE OFFICE OF THE CITY CLERK. D.APPROVE THE QUOTATION RECEIVED FROM S & S TREE INC., FOR $58,745.00, AND AUTHORIZE STAFF TO ENTER INTO A TWO (2) YEAR CONTRACT FOR TREE TRIMMING AND CLEAN UP SERVICES TOTALING $58,745.00. E.APPROVE THE QUOTATION RECEIVED FROM BROCK WHITE COMPANY AND AUTHORIZE STAFF TO ENTER INTO A CONTRACT FOR 40,000 POUNDS OF CRAFCO 535 HOT POUR CRACK SEALANT FOR TOTAL COST OF $19,250.00. F.ADOPT RESOLUTION NO. 2010-020, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF GRANT FUNDING FROM THE FEDERAL EMERGENCY MANAGEMENT AUTHORITY (FEMA) AND THE DEPARTMENT OF HOMELAND SECURITY (DHS), AND AUTHORIZE THE PURCHASE OF THREE (3) STRYKER POWER PRO STRETCHERS AND (3) TRANSFER LIFTING TRAPS USING THE AWARDED GRANT FUNDING OF $32,110 AND THE 90/10 CITY MATCH OF $3,567.00 FOR A TOTAL COST OF $35,677.00. Cottage Grove City Council 5 February 17, 2010 Regular Meeting G.ADOPT RESOLUTION NO. 2010-021, A RESOLUTION ACCEPTING DONATION OF $100 .00 FROM RESIDENTIAL MORTGAGE GROUP, INC. (RMG) ON BEHALF OF WAYNE AND JENNIFER NEDRY, FOR THE DEPARTMENT OF PUBLIC SAFETY, FIRE DIVISION FIRE AUXILIARY, TO BE USED AS NEEDED. H.ADOPT RESOLUTION NO. 2010-022, A RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A NUISANCE FOR PROPERTY LOCATED AT 8542 GROSPOINT AVENUE SOUTH, COTTAGE GROVE, OWNED BY JOHN AND LISA WOLTER. I.APPOINT BRIAN HAGAN AS CHAIR AND ANGELA CHAMBLISS AS VICE- CHAIR FOR THE PUBLIC SAFETY, HEALTH AND WELFARE COMMISSION FOR 2010. J.APPROVE QUOTATION FROM O’CONNOR PLUMBING, HEATING & COOLING, AND AUTHORIZE STAFF TO ENTER INTO A CONTRACT TO REMODEL THE RESTROOMS AT RIVER OAKS GOLF COURSE CLUBHOUSE IN THE AMOUNT OF $59,495.00. K.ADOPT RESOLUTION NO. 2010-023, A RESOLUTION OF SUPPORT FOR THE CITY OF COTTAGE GROVE TO PURSUE YELLOW RIBBON CITY STATUS. L.REAPPOINT THE FOLLOWING INDIVIDUALS TO ADVISORY COMMITTEE/ COMMISSIONS: i.TWO-YEAR TERMS: MARCH 1, 2010 THROUGH FEBRUARY 28, 2012: a)HERB JAPS, LORRAINE BROWN, BEVERLY GROSS AND LEON PETERSON TO THE ADVISORY COMMISSION ON HISTORIC PRESERVATION; b)LAURIE STEIGER TO THE HUMAN SERVICES/HUMAN RIGHTS COMMISSION; c)DERRICK LEHRKE, RYAN SIMMERS AND MAUREEN VENTURA TO THE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION; d)BENJAMIN FRANCZOK, ANGELA CHAMBLISS AND TODD CHAMBLISS TO THE PUBLIC SAFETY, HEALTH AND WELFARE COMMISSION; AND e)KEN BOYDEN, ALEX CHERNYAEV AND WILLIAM ROYCE TO THE PUBLIC WORKS COMMISSION. ii.THREE-YEAR TERMS: MARCH 1, 2010 THROUGH FEBRUARY 28, 2013: a)STEVEN MESSICK TO THE PLANNING COMMISSION iii.THREE-YEAR TERMS: JANUARY 1, 1010 THROUGH DECEMBER 31, 2012: Cottage Grove City Council 6 February 17, 2010 Regular Meeting a)TONY JURGENS TO THE ECONOMIC DEVELOPMENT AUTHORITY. M.PASS ORDINANCE NO. 874, AN ORDINANCE FOR THE CITY OF COTTAGE GROVE MINNESOTA, ADDING TITLE 2, SECTION 2 TO THE COTTAGE GROVE CITY CODE, ESTABLISHING AN ENVIRONMENTAL COMMISSION; ADOPT RESOLUTION NO. 2010-024, A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 874 BY TITLE AND SUMMARY; AND TO APPOINT THE FOLLOWING INDIVIDUALS TO THE ENVIRONMENTAL COMMISSION FOR THE FOLLOWING TERMS: i.ONE-YEAR TERM: MARCH 1, 2010 THROUGH FEBRUARY 28, 2010: a)PATRICK MCLOUGHLIN b)MATTHEW LOYAS; ii.TWO-YEAR TERM: MARCH 1, 2010 THROUGH FEBRUARY 28, 2011: a)PATRICK LYNCH; b)CHRISTOPHER LETHGO c)BARBARA GIBSON iii.THREE-YEAR TERM: MARCH 1, 2010 THROUGH FEBRUARY 28, 2012: a)MATTHEW PORETT b)RITA ISKER N.TO ADOPT RESOLUTION NO. 2010-025, A RESOLUTION APPROVING A MINOR SUBDIVISION OF A 4.67-ACRE RESIDENTIAL PARCEL OF LAND AT 7560 HARKNESS AVENUE SOUTH, INTO TWO LOTS, AND A VARIANCE TO THE MINIMUM LOT WIDTH REQUIREMENT OF 180 FEET TO ALLOW THE PROPOSED LOT 1 TO BE 160 FEET WIDE. APPLICANT: ASPEN GROVE, LLC. 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 9.Feasibility Study – 2010 Pavement Management River Acres (District H) Improvements Project City Engineer Levitt reviewed the feasibility report prepared for the 2010 Pavement Management River Oaks Area, known as District H, the proposed public improvements, the estimated costs, the benefit appraisal prepared by BRKW Appraisals, Inc., and the schedule of improvements. Cottage Grove City Council 7 February 17, 2010 Regular Meeting City Engineer Levitt stated staff is recommending approval of the feasibility report and to call for a public hearing on March 17, 2010. Mayor Bailey asked if Council had any questions for City Engineer Levitt. Council Member Grossklaus stated in the benefit appraisal it indicated for Parcel 32 there was no benefit and the property would not be assessed. He asked whether the City would assess the improvements when the property is developed. City Administrator Schroeder stated in the past when we have similar parcels where we felt we could prove benefits, we assessed for one unit and effectively deferred assessment for additional units until it subdivides and sells. Council Member Grossklaus asked why the parcel would not benefit from the improvements and whether the property would be developed with housing units at some point in the future. City Administrator Schroeder stated that the property could not be developed without the City granting a variance. Council Member Grossklaus then asked whether there are any grants for the proposed trail. City Engineer Levitt responded that the trail grants are very competitive; we apply for a grant every year for various trail segments in the City but have not been successful, so she would not expect this trail segment to score very well. She stated that there is an opportunity for the City to receive a cost-sharing grant from the South Washington Watershed District that she would be presenting at the next regular meeting for authorization to allow Staff to submit a grant application to the Watershed District for storm water improvements within the area. Mayor Bailey asked if anyone else on the Council have any questions. There being none, he opened the meeting to allow persons in attendance speak on this topic. Mr. Chad Bagel, 11301 Inman Avenue South, Cottage Grove, asked whether the benefit appraisal takes into consideration the contaminated water and soil in the area. He stated he is trying to understand how he is going to benefit from the improvements at this time and read aloud a letter he wrote summarizing his opposition to the proposed project, except for the walking path proposed. Mayor Bailey asked if anyone else would like to speak. There were none. City Administrator Schroeder stated the requested action is for Council to approve the feasibility report and call for a public hearing to consider ordering the public improvements. During the public hearing, the public would have an opportunity to provide formal response to Council as whether they were in favor of or against the project. City Administrator Schroeder stated in response to the question as to whether the appraiser taken a look at potential contamination issues, the appraiser in his professional judgment is basically saying if you do this complete project, it is his judgment in weighing similar projects in similar areas that he/we could demonstrate a property value improvement. The number varied based upon which parcel he/we looked and what the individual circumstance of that parcel was and generally with some differences, the Cottage Grove City Council 8 February 17, 2010 Regular Meeting appraiser has said that he was confident that we could demonstrate resulting assessments from this total project greater than what we are proposing. The normal or common process is to review that at the time of the assessment hearing. After the public hearing, we would be asking Council whether you want to proceed with the entire project or some portion of the project. Council Member Olsen stated in looking through the neighborhood meeting notes on the first page there was a question that says, “Can we see what the cost of maintaining the unimproved road has been versus the cost of the improvements. City Engineer Levitt responded that she went back and found over the last 10 years, the City spent approximately $191,000 total or approximately $20,000 per year in maintenance, which includes pothole filling, crack filling, shouldering, and dealing with the wash outs on Inman Avenue. City Engineer Levitt stated if the project does not move forward, that is one element that would continue to increase in cost and they would not propose to do any additional seal coating because it is beyond its useful life and it would not benefit from a seal coat application. Council Member Rice stated for the same number of miles after a road is improved, how much would you spent? City Engineer Levitt responded for our 2008 Pavement Management Project, we are not incurring any maintenance costs. It is probably closer to year seven (7) to 10 that the City starts to incur costs, such as pothole patching, crack filling, and sealcoat application. Mayor Bailey stated if there were no other questions or comments from the Council, he stated he was looking for a motion. MOTION BY COUNCIL MEMBER GROSSKLAUS, SECONDED BY COUNCIL MEMBER RICE, TO ADOPT RESOLUTION NO. 2010-026, TO ADOPT RESOLUTION APPROVING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON MARCH 17, 2010, ON IMPROVEMENTS FOR THE 2010 PAVEMENT MANAGEMENT, RIVER ACRES (DISTRICT H) PROJECT. MOTION CARRIED. 5-0. 10.RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS – None. 11.COUNCIL COMMENTS AND REQUESTS Council Member Grossklaus asked citizens of the community to continue to clean out around the fire hydrants and noted that it is against the City ordinance to park your car on your front lawn. 12.PAY BILLS MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE PAYMENT OF CHECK NUMBERS 165989 THROUGH 166150 TOTALING $544,555.29. (CHECK S 165989 THROUGH 166009 TOTALING $157,448.12 WERE ISSUED PRIOR TO COUNCIL APPROVAL). MOTION CARRIED. 5-0. Cottage Grove City Council 9 February 17, 2010 Regular Meeting 13.WORKSHOP SESSION – OPEN TO PUBLIC – None. 13. WORKSHOP SESSION – CLOSED TO PUBLIC – None. ADJOURNMENT MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER OLSEN, TO ADJOURN THE REGULAR MEETING AT 8:54 P.M. MOTION CARRIED. 5-0. Respectfully submitted, Caron M. Stransky City Clerk