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Home My WebLink About2010-06-02 PACKET 03.B.i COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting April 21, 2010 OPEN FORUM Mayor Bailey opened Open Forum at 7:15 p.m., and stated 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 Jen Peterson, Council Member Justin Olsen, and Council Member Mark Grossklaus. The following were absent: Council Member Pat Rice. Also present: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Howard Blin, Community Development Director; Corrine Heine, City Attorney - Kennedy & Graven; Jennifer Levitt, City Engineer; Craig Woolery, Public Safety Director; and Les Burshten, Public Works Director. Mayor Bailey asked if anyone in the audience wished to address the City Council on any topic not on the agenda. Michelle Ramirez, 8577 Green Avenue South, Cottage Grove, expressed concern about air pollution and her opposition to recreational fires. She stated that her civil rights of not being able to breathe are being violated and believes recreational or bonfires would fall under the City's nuisance ordinance. She asked if the Council or City Staff had any information on who she should speak to about this at the Minnesota Pollution Control Agency. Daniel Wright of Boy Scout Troop 55 asked whether the fire ban in place has been lifted. Public Safety Director Woolery stated that recreational fires are permitted in residential areas. 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 April 21, 2010, at the Cottage Grove City Hall, 7516 80 Street South, Cottage Grove, Minnesota. Mayor Bailey called the meeting to order at 7:30 p.m. Cottage Grove City Council April 21, 2010 Regular Meeting PLEDGE OF ALLEGIANCE Boy Scouts of America Troop 55 presented the flag and led the audience, staff, and the Mayor and Council Members in the 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 Jen Peterson, and Council Member Justin Olsen. The following were absent: Council Member Pat Rice. 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; Jennifer Levitt, City Engineer; Craig Woolery, Public Safety Director; and Les Burshten, Public Works Director. Mayor Bailey presided over the regular meeting. 1. ADOPTION OF AGENDA MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 4 -0. 2. PRESENTATIONS A. Color Guard -Boy Scouts of America Troop 55 - None. B. 2010 Arbor Day Spring Clean Up and Community Tree Planting Event Management Analyst Brian Voelker of the Public Works Department highlighted three (3) upcoming events: Arbor Day and Paper Shredding Event on Saturday, April 24; Spring Clean Up on Saturday, May 1; and the Community Tree Planting Event on Saturday, May 15, 2010. 3. APPROVAL OF MINUTES A. March 3, 2010 Regular Meeting There being no amendments to the minutes, Mayor Bailey stated the minutes of the March 3, 2010, Regular Meeting, stand approved as presented. 4. CONSENT CALENDAR Council Member Olsen pulled item K and Council Member Grossklaus pulled item I. Council Member Olsen complimented the City's Code Enforcement Team for doing a nice job, particularly on commercial property, and requested that the Code Enforcement Officer, Ben Pierson, attend a Council meeting to give Council an opportunity to ask questions. Cottage Grove City Council April 21, 2010 Regular Meeting Council Member Grossklaus withdrew his request to pull item I, an ordinance expanding membership on the Environmental Commission from seven (7) to nine (9) members. Mayor Bailey invited anyone interested in serving on the Environmental Commission to please submit an application. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: I. ECONOMIC DEVELOPMENT AUTHORITY MEETING OF MARCH 9, 2010. B. APPROVE THE AMENDMENTS TO THE ICMA CITY ADMINISTRATOR PENSION PLAN. C. ADOPT RESOLUTION NO. 2010 -048 A RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $14,907.75 TO MOLIN CONCRETE PRODUCTS COMPANY FOR BID PACKAGE 3, BID DIVISION 06, STRUCTURAL PRECAST CONCRETE. D. ADOPT RESOLUTION NO. 2010 -049 A RESOLUTION AWARDING QUOTE FOR WELL NO. 7 WELL REHABILITATION WELL WORK TO KEYS WELL DRILLING IN THE AMOUNT OF $82,245. E. APPROVE APPLICATION FOR A GRANT THROUGH FEMA FOR THE 2010 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM TO REPLACE FOUR (4) THERMAL IMAGER CAMERAS FOR A TOTAL COST OF $40,000 (CITY PORTION APPROXIMATELY $4,000). F. ADOPT RESOLUTION NO. 2010 -050 A RESOLUTION APPROVING MINNESOTA STATE AID ROUTE DESIGNATION REVISIONS. G. PASS ORDINANCE NO. 877 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, AMENDING TITLE 4 -4 OF THE COTTAGE GROVE CITY CODE RELATING TO DISEASED TREES AND RESOLUTION NO. 2010 -051 A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 877 BY TITLE AND SUMMARY. H. ADOPT RESOLUTION NO. 2010 -051 A RESOLUTION AUTHORIZING THE APPLICATION AND ACCEPTANCE OF GRANT FUNDING FROM CENTERPOINT ENERGY AND AUTHORIZE THE PURCHASE OF TWO (2) MULTI -GAS MONITORS FOR THE DEPARTMENT OF PUBLIC SAFETY, FIRE DIVISION. I. PASS ORDINANCE NO. 878 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, AMENDING TITLE 2, SECTION 1 OF THE CITY CODE EXPANDING MEMBERSHIP ON THE ENVIRONMENT COMMISSION FROM SEVEN (7) TO NINE (9). Cottage Grove City Council April 21, 2010 Regular Meeting �+ J. AUTHORIZE PURCHASE OF WORKERS COMPENSATION INSURANCE FROM THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST IN THE AMOUNT OF $248,729 WITH A $10,000 PER OCCURRENCE MEDICAL DEDUCTIBLE AND A 15.5% PREMIUM CREDIT, FOR THE POLICY PERIOD APRIL 3, 2010 TO APRIL 3, 2011. K. RECEIVE CODE ENFORCEMENT UPDATE FROM THE COMMUNITY DEVELOPMENT DIRECTOR. MOTION CARRIED. 4 -0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES - None. 6. PUBLIC HEARINGS A. Hold the Public Hearing on the Conditional Use Permit Application from 3M Community Development Director Blin stated 3M- Cottage Grove has submitted an application for a conditional use permit to excavate approximately 10,000 cubic yards of soil from an area described as Disposal Site Area 9. The area is located in the southeast corner of the 3M- Cottage Grove site. He stated that the soil is tested and analyzed to determine whether it includes hazardous waste and depending on their finding, the material is sent to a landfill in Rosemount, Minnesota or to a landfill in Michigan. Mayor Bailey opened the public hearing for comments from the audience. There being none, he closed the hearing. MOTION BY MAYOR BAILEY, SECONDED BY COUNCIL MEMBER GROSSKLAUS, TO ADOPT RESOLUTION NO. 2010 -053 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT TO EXCAVATE APPROXIMATELY 10,000 CUBIC YARDS OF SOIL FROM APPROXIMATELY ONE(1) ACRE OF LAND LOCATED IN THE SOUTHEAST CORNER OF THE 3M COTTAGE GROVE SITE, DESCRIBED AS DISPOSAL SITE AREA 9. MOTION CARRIED. 4 -0. B. Hold Public Hearing on the Proposed Ordinance Amendment Regarding Individual Sewage Treatment Systems (ISTS). Community Development Director Blin stated that Washington County issues permits and conducts inspections of septic systems for the City of Cottage Grove. He stated that Washington County recently repealed their Development Code, Chapter 4, Individual Sewage Treatment System regulations and adopted the County Development Code, Chapter 4, Sub - surface Sewage Treatment System Regulations. He requested that the Council pass the proposed Ordinance in compliance with the new Washington County ordinance on Individual Sewage Treatment Systems. Mayor Bailey opened the public hearing for comments from those in the audience. There being none, Mayor Bailey closed the public hearing. Cottage Grove City Council April 21, 2010 Regular Meeting MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER GROSSKLAUS, TO PASS ORDINANCE NO. 879 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE AMENDING TITLE 8, CHAPTER 2, SECTIONS 2 AND 3 RELATING TO THE CITY'S INDIVIDUAL SEWAGE TREATMENT SYSTEMS. MOTION CARRIED. 4 -0. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER OLSEN, TO ADOPT RESOLUTION NO. 2010 -054 A RESOLUTION AUTHORIZING THE PUBLICATION OF ORDINANCE NO. 879 BY TITLE AND SUMMARY. MOTION CARRIED. 4 -0. 7. BID AWARDS - None. 8. UNFINISHED AND NEW BUSINESS A. Consider Approving the Mediated Petition and Agreement with the Board of Water and Soil Resources City Administrator Schroeder reviewed the draft petition to change the boundary of the South Washington Watershed District and the Valley Branch Watershed District and the Agreement between the City of Cottage Grove, Denmark Township, City of Woodbury, South Washington Watershed District, Valley Branch Watershed District, and Washington County. He stated that the petition is in accordance with the direction that Staff and Mayor Bailey received from the Council at the April 7, 2010 closed workshop session. City Administrator Schroeder highlighted the conditions included in the petition on changing the boundaries. City Administrator Schroeder then reviewed the draft agreement between the City of Cottage Grove, Denmark Township, City of Woodbury, South Washington Watershed District and Washington County, City Administrator Schroeder recommended that Council approve the Agreement, conditioned on final review and approval by the City Attorney. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE THE BOUNDARY CHANGE PETITION, SUBJECT TO THE FINAL REVIEW AND APPROVAL OF THE CITY ATTORNEY RELATING TO THE LAST SENTENCE ON PAGE 6. MOTION CARRIED. 4 -0. MOTION BY COUNCILMEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE THE AGREEMENT CONDITIONED ON FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY RELATING TO THE CHANGES ON PAGE 1, DELETING THE WORDS "AT LEAST" FROM THE FOURTH WHEREAS, CONSISTENT WITH THE PETITION, AND THE PORTION OF THE AGREEMENT WHERE IT STATES THAT TWO (2) OF THE FIVE (5) MANAGERS OF THE SWWD BOARD BE FROM THE CITY OF WOODBURY AND REMAINING MEMBERS WOULD BE APPOINTED TO FAIRLY REPRESENT THE REMAINING HYDROLOGICAL SUB WATERSHEDS WITHIN THE SOUTH WASHINGTON WATERSHED DISTRICT. MOTION CARRIED. 4 -0. Cottage Grove City Council C April 21, 2010 Regular Meeting V 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS - None. 10. COMMENTS AND REQUESTS Council Member Grossklaus stated that 3M is hauling waste out of their site traveling down County Road 19 to Highway 61. He asked whether that route will change due to road construction on T.H. 61. Community Development Director confirmed that they will not travel on 70 Street South. Council Member Olsen complimented the Cottage Grove Public Safety team on a hard fought victory last night in the First Annual St. Paul Park/Newport Lions Club Donkey Basketball Challenge held at Cottage Grove Junior High. He also thanked Sheriff Bill Hutton, Chief Woolery and our School Resource Officers Gail Griffith and Connie Wylie for participating in the event. Council Member Olsen stated he recently came across some information on the designation of a 'heart safe' community and understands that there are some communities within the Twin Cities metropolitan area that currently enjoy that designation. He stated he was curious whether Public Safety Director Woolery had any information on this, if he knew anything about it, and what it might take for the City of Cottage Grove to become a 'heart safe' community. Public Safety Director Woolery stated that it is a program put on by the Allina Hospitals and Clinics and stated he would look further into the program. Council Member Peterson stated she would like staff to check into something called a 'green step" city which is a program to help communities become more environmentally friendly. City Engineer Levitt stated she will bring the information to the Environmental Commission at their next meeting and have them provide some direction and guidance on how to achieve certification and acknowledgement of the program. Council Member Peterson stated the deadline is approaching for the essay and poster contest sponsored by the Human Services /Human Rights Commission which is May 1, and is open to students who live or go to school in Cottage Grove. Additional information can be found on the City's website and Face book page. Council Member Peterson stated tomorrow evening at City Hall is the kickoff of `beyond the yellow ribbon' meeting at 6:00 p.m., and encouraged the public to attend and to support military families. Mayor Bailey stated that Council Member Rice is in the hospital and he wished him a speedy recovery. Mayor Bailey stated the Arbor Day event is this Saturday at the Public Works facility and the City's annual spring clean up day is on May 1 51 . Mayor Bailey stated the winners of the holiday lighting campaign are the candy cane with the bow, the Christmas tree, and the snowman banner. He thanked everyone who voted. Cottage Grove City Council April 21, 2010 Regular Meeting 11. PAY BILLS MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE PAYMENT OF CHECK NUMBERS 166764 THROUGH 166962 TOTALING $558,462.22. (CHECK NUMBERS 166762 THROUGH 166792 TOTALING $171,534.97 WERE ISSUED PRIOR TO COUNCIL APPROVAL). MOTION CARRIED. 4 -0. 12. WORKSHOP SESSION - OPEN TO PUBLIC - None. 13, WORKSHOP SESSION - CLOSED TO PUBLIC - None. 14. ADJOURNMENT MOTION BY COUNCIL MEMBER GROSSKLAUS, SECONDED BY COUNCIL MEMBER PETERSON, TO ADJOURN THE REGULAR MEETING AT 8:15 P.M. MOTION CARRIED. 4 -0. Respectfully submitted, Caron Stransky City Clerk