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HomeMy WebLinkAbout2010-07-07 MINUTES COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting July 7, 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 were warned to limit their remarks to two (2) minutes or less. 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; John McCool, Senior Planner; Corrine Heine, City Attorney-Kennedy & Graven; Pete Koerner, Deputy Public Safety Director; Jennifer Levitt, City Engineer; 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. Robert Kasper, President of the St. Paul Regional Labor Federation, stated he represents approximately 120 labor unions, about 50,000 union members. The Unions are a part of the Blue-Green Alliance, which is a group of unions who supports cleaning up the environment. He stated he was asked to attend this meeting by a number of the Unions who are in the 3M plant because they are concerned about losing their jobs. Currently, 3M-Cottage Grove has 714 employees and 110 of them live in Cottage Grove. He asked the Council to reconsider and try to come up some type of compromise with 3M to preserve the jobs at the 3M-Cottage Grove plant. Fred Luden, 11401 Kingsborough Trail South, Cottage Grove, distributed a handout prepared by the Coalition of Concerned Cottage Grove Citizens that includes a radius map of the area surrounding the Cottage Grove plant and a number of items supporting their appeal to the Minnesota Pollution Control Agency to deny the permit change submitted by 3M. A copy of the handout is attached to and made a part of the original minutes. Mr. Luden requested that the Council adopt a resolution, policy statement or a document statement in opposition to any leaded fuels being burnt inside the City noting that it would be the right thing for the City to do. Cottage Grove City Council 2 July 7, 2010 Regular Meeting Lisa Schoonover, 11741 Lockridge Avenue South, Cottage Grove, requested that the Mayor and City Council Members listen to the citizens and the results of the survey conducted by Decision Resources. She asked the City Council to take a leadership role in educating the citizens about this issue. Floyd Ott, 12037 West Point Douglas Road, Hastings, stated he was opposed to allowing waste to be shipped to the 3M-Cottage Grove plant from outside the State of Minnesota. He stated he would like each City Council Member stand up and tell the community why the permit would benefit Cottage Grove. th Dennis Plan, 8027 77 Street South, Cottage Grove, addressed the Council with a variety of concerns within or near the 2008 Pavement Management Project. He stated that there were manholes in the pavement that may be below the City standards, broken splash plates on storm sewer castings, gate valves may be high, and the boardwalk at Ideal Park was in need of repair. He requested that the Council and City Staff inspect the area. Colleen Stauber, 10960 Kingsborough Court South, Cottage Grove, voiced opposition to 3M’s proposal to accept other sources of waste fuel in lieu of heavy metals. She stated that 3M has done a lot of work cleaning up their manufacturing processes and in cleaning up mistakes of the past and it has cost 3M millions and millions of dollars. She stated that any saving will be completely lost if there is an industrial accident at the Plant because they would be accepting another company’s waste that does not meet 3M standards. That is a liability that 3M has not entirely considered. She asked 3M to go back and do a cost-benefit analysis and the increased exposure and liability to accept someone else’s waste. She stated she does not believe that 3M has adequately examined alternatives and their liability in this process. Michael Bleckinger, 8952 Jewel Avenue South, Cottage Grove, spoke in opposition to the proposed conditional use permit to install a monopole at Woodridge Park. He stated the Planning Commission is recommending approval of the permit and requested that the City Council deny the application. th Kathy Lewandoski, 9043 75 Street South, Cottage Grove, addressed the Council on a variety of issues:  The extraction wells to halt the spread of the 3M manufacturing PFC’s in the groundwater;  Minnesota Pollution Control Agency (MPCA) not doing the citizens a favor raising the safe water level;  Suggested that the City call a special meeting with the MPCA;  3M should be required by the MPCA to install a high-quality household infiltration Cottage Grove City Council 3 July 7, 2010 Regular Meeting  system in every residence and apartment building in this City.  The method of transporting the waste – Truck or Train. 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 th regular meeting on July 7, 2010 at the Cottage Grove City Hall, 7516 80 Street South. Mayor Bailey called the meeting to order at 7:57 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 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; John McCool, Senior Planner; Corrine Heine, City Attorney-Kennedy & Graven; Pete Koerner, Deputy 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 OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 4-0. 2. PRESENTATIONS – None. 3. APPROVAL OF MINUTES Cottage Grove City Council 4 July 7, 2010 Regular Meeting A. May 5, 2010 Regular Meeting There being no amendments to the minutes, Mayor Bailey stated the minutes of the May 5, 2010 Special Meeting stand approved as presented. B. May 19, 2010 Regular Meeting There being no amendments to the minutes, Mayor Bailey stated the minutes of the May 19, 2010 Regular Meeting stand approved as presented. 4. CONSENT CALENDAR Council Member Olsen pulled item B and acknowledged the $100.00 donation from th the Cottage Grove V.F.W. for the 4 of July Fireworks Display sponsored by the Cottage Grove Lions Club. MOTION BY COUNCIL MEMBER GROSSKLAUS, SECONDED BY COUNCIL MEMBER PETERSON, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: i. MARCH 8, 2010 PUBLIC WORKS COMMISSION MEETING AND ii. MAY 24, 2010 PLANNING COMMISSION MEETING B. ADOPT RESOLUTION NO. 2010-087, A RESOLUTION ACCEPTING THE DONATION OF $100.00 FROM THE COTTAGE GROVE V.F.W. FOR THE FOURTH OF JULY FIREWORKS DISPLAY. C. APPROVE CHANGE ORDER NO. 3 FOR THE HAMLET POND PHASE 3 IMPROVEMENT PROJECT. D. ADOPT RESOLUTION NO. 2010-088, A RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES FOR THE AUGUST 10, 2010 PRIMARY ELECTION AND NOVEMBER 2, 2010 GENERAL ELECTION. E. ADOPT RESOLUTION NO. 2010-089, A RESOLUTION AUTHORIZING THE PREPARATION OF A FEASIBILITY STUDY FOR THE RAVINE PARKWAY PHASE 2 PROJECT. F. AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE TH REPAIR OF THE DETERIORATED 66 STREET FROM HEFNER TO HAMLET PARK POND AS OUTLINED IN OPTION 3 OF THE CITY ENGINEER’S REPORT INCLUDED IN THE AGENDA PACKET. Cottage Grove City Council 5 July 7, 2010 Regular Meeting G. ADOPT RESOLUTION NO. 2010-090, A RESOLUTION AUTHORIZING THE APPLICATION AND ACCEPTANCE OF GRANT FUNDING FROM FIREMAN’S FUND INSURANCE COMPANY AND AUTHORIZE THE PURCHASE OF TWO (2) MULTI-GAS MONITORS AND THE PURCHASE AND INSTALLATION OF A FOAM FILL STATION TOTALING $6,243.16. H. ACCEPT INFORMATION ON THE PUBLIC SAFETY/CITY HALL PROJECT BUDGET AND FINANCING. I. ADOPT RESOLUTION NO. 2010-091, A RESOLUTION GRANTING A VARIANCE TO DRIVEWAY SETBACK REQUIREMENTS TO ALLOW A DRIVEWAY EXTENSION TO BE ONE (1) FOOT FROM THE SIDE PROPERTY LINE WHEN SIX (6) FEET IS REQUIRED AT 8226 INNSDALE AVENUE SOUTH, COTTAGE GROVE. J. ADOPT RESOLUTION NO. 2010-092, A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT TO EXCAVATE APPROXIMATELY 10,000 CUBIC YARDS OF EXCESS SOIL FROM LAND LOCATED IN THE SOUTHEAST CORNER OF THE 3M COTTAGE GROVE SITE. K. ADOPT RESOLUTION NO. 2010-093, A RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A NUISANCE AT 8094 JOHANSEN AVENUE SOUTH, COTTAGE GROVE. L. AUTHORIZE STAFF TO PURCHASE HOLIDAY DECORATIONS AND BANNERS AS APPROVED BY THE COTTAGE GROVE ECONOMIC DEVELOPMENT AUTHORITY. M. ADOPT RESOLUTION NO. 2010-094, A RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A 2010 TIGER II GRANT FOR THE TH 61/ COUNTY ROAD 19 INTERCHANGE IMPROVEMENT PROJECT UNDER THE TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT. N. ADOPT RESOLUTION NO. 2010-095, A RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS. O. ADOPT RESOLUTION NO. 2010-096, A RESOLUTION ORDERING THE TH ABATEMENT OF CONDITIONS CREATING A NUISANCE AT 8929 - 89 STREET CIRCLE SOUTH, COTTAGE GROVE. Cottage Grove City Council 6 July 7, 2010 Regular Meeting P. APPROVE THE VEHICLE RE-DISTRIBUTION PLAN RESULTING IN THE PURCHASE OF A 2010 TOYOTA PRIUS AND A 2010 FORD ESCAPE HYBRID SUV. Q. ADOPT RESOLUTION NO. 2010-097, A RESOLUTION SUPPORTING THE SUBMITTAL OF A TIGER II (TRANSPORTATION INVESTMENT GENERATING ECONOMIC RECOVERY) GRANT FOR THE UNION DEPOT MULTI-MODAL TRANSIT HUB IN DOWNTOWN ST. PAUL BY THE RAMSEY COUNTY REGIONAL RAILROAD AUTHORITY. R. APPROVE THE APPOINTMENT OF DAVID OLSON TO THE ENVIRONMENTAL COMMISSION. MOTION CARRIED. 4-0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES A. Receive Response to June 16, 2010 Open Forum Comments Regarding the 3M Incinerator and Barrier Wells City Administrator Schroeder reviewed the report prepared by Community Development Director Blin regarding the 3M Incinerator and Barrier Wells. No Council action taken. 6. PUBLIC HEARINGS – None. 7. BID AWARDS – None. 8. UNFINISHED AND NEW BUSINESS A. Review New Public Safety/City Hall Building Communications Plan City Administrator Schroeder reviewed the Communications Plan for the Public Safety/City Hall Complex building project, which included the schedule of construction events. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE THE COMMUNICATIONS PLAN FOR THE PUBLIC SAFETY/CITY HALL COMPLEX BUILDING CONSTRUCTION PLAN. MOTION CARRIED. 4-0. 9. BID AWARDS – None. Cottage Grove City Council 7 July 7, 2010 Regular Meeting 10. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS – None. 11. COUNCIL COMMENTS AND REQUESTS Council Member Olsen recognized Mr. David Olson, in attendance, on his appointment this evening to the City’s Environmental Commission. Council Member Grossklaus commented that he was disappointed that the citizens in attendance during Open Forum decided not to stay. He stated that his personal opinion on the 3M issue has been in the public and he has answered every email he has received. He stated that the Minnesota Pollution Control Agency regulates what can be put into the air and water, not the City of Cottage Grove. He stated he is not supporting the 3M issue, nor is he against it, because he does not have the authority to be against it. Council Member Grossklaus stated that what concerns him is we are getting off task. He stated he understands the reason for the citizens stating their position, but some of the citizens are getting off focus from what is going on, and that concerns him. What also concerns him is that the City Administrator, the Mayor, Council Member Olsen and staff members have put in hundreds of hours into working with 3M on monitoring what is in the air. He stated that we do not know what is coming out of those stacks, we know what 3M tells us and what the MPCA says is coming out of the stacks, but the City has no control over that. He stated the people who are delaying this is 3M. The poor 3M employees in the back of the Chamber who were getting abused by the Citizens Coalition are workers in the factory, they are here stating their opinion just like everybody else gets to. Council Member Grossklaus reiterated his position is that he is not for or against the 3M permit application and he is not going to give them a statement that he is either way, but he stated he does think they (3M) needs to come to the table. They have dragged this on for too long (the monitoring system), they are a company that makes billions of dollars and this should not be an issue, so if their site manager cannot make a decision, then they also need to bring in whoever does make those decisions. He stated he also thinks the citizens have a right to have someone from 3M to talk to also at some point. That is where he is at on the issue. Mayor Bailey read aloud the following prepared statement: “Over the past year and a half, the City of Cottage Grove has been involved in the review and analysis of a 3M proposal to the Minnesota Pollution Control Agency to allow for the import of non-owned waste as a fuel source for the corporate incinerator at 3M Cottage Grove. Over Cottage Grove City Council 8 July 7, 2010 Regular Meeting the past several months, we have been in discussions with 3M with the idea that ambient air monitoring might provide a responsible solution to City Council concerns regarding incinerator emissions. We have been assisted in these discussions by an expert in emissions monitoring and analysis from the SEH engineering firm. While we have not yet achieved agreement on all salient points, we are continuing active discussions with 3M representatives toward that end. The public should be aware that this City Council is focused on ensuring high air quality standards within our community, which is why we have proposed air monitoring as a solution. The public should also be aware that emissions of lead from the 3M incinerator, however are currently well below the MPCA allowable standards and also well below emissions that have occurred in past years. The total incinerator lead emissions in 2007 were at 0.03 tons which from a MPCA perspective is not considered a high level of emissions. Emissions from the Federal Cartridge Plant in Anoka was at 0.94 tons and the Rosemount Inc. Eden Prairie Facility was at 0.33 tons that year. VOC emissions at the 3M Incinerator in 2007 was 26.49 tons, compared to the emissions from the Marathon Plant in St. Paul Park at 871.75 tons, the Ford Plant in St. Paul at 325.06 tons, or the ADM Plant in Red Wing at 118.24 tons. Mayor Bailey stated he provides these comparisons in an attempt to maintain perspective on the scope of the issue. Are we driven to assure that air quality in Cottage Grove is as high as it can be - Absolutely! Do we want to do everything we can to improve that the quality of our air? Absolutely! We are not the entity with the authority to assure high air quality within our community. Our ability to address air quality concerns is limited by the degree of influence we can exert upon the MPCA as the agency charged to regulate air emissions in this State. In this particular case, due to our long term relationship with the 3M Company, we have been able to impress upon the company that we both need to go above and beyond the requirements of the MPCA so that we can jointly assure our citizens of harmless environmental impacts of their future business operations. Mayor Bailey stated we are continuing to work with the 3M Company toward a satisfactory solution for our community and that our schedule is to complete our negotiations such that we can adopt an air monitoring program at the Council meeting of August 4, 2010.” 12. PAY BILLS MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER Cottage Grove City Council 9 July 7, 2010 Regular Meeting GROSSKLAUS, TO APPROVE PAYMENT OF CHECK NUMBERS 167762 THROUGH 168040 TOTALING $800,493.90. CHECK NUMBERS 167762 - 167805 TOTALING $266,007.96 WERE ISSUED PRIOR TO COUNCIL APPROVAL. MOTION CARRIED. 4-0. 13. WORKSHOP SESSION – OPEN TO PUBLIC 14. WORKSHOP SESSION – CLOSED TO PUBLIC ADJOURNMENT MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER OLSEN, TO ADJOURN THE MEETING AT 8:24 P.M. MOTION CARRIED. 4-0. Submitted by, Caron M. Stransky City Clerk Coalition of Concerned Cottage Grove Citizens (www.coccgc.org) Our mission ... rally the local residents to appeal to the common sense of the Minnesota Pollution Control Agency (MPCA) to deny the permit change and the community leaders of Cottage Grove and surrounding communities to take a simply stated position of opposition to the permit change. This is not an anti -job, anti- business movement — this is about our health and the additional pollution that this permit expansion will put in our air if sanctioned by our local officials. This is about protecting the air quality of Cottage Grove and surrounding communities — we welcome `clean' business expansion. 1.) Based on the radius map it is easy to see that any decision effects far more people than just Cottage Grove. The emissions start in zip code 55016, but do not remain there. The communities South and South East of the incinerator definitely should have a place at the table when this issue is discussed. Look at the number of schools within the 4 mile radius. An air monitoring station at the location being discussed will not reassure very many people living with in the 10 mile radius. Continuous Emission Monitors on the stack for CO, THC, and Lead will reassure everyone. 2.) The cities do not have a regulatory voice in the permit. Maybe it is time for the cities to unite and communicate to the MPCA as one. The cities should establish some norms for the river valley. Establish norms that would guide community actions and clearly state expectations for anyone living in or doing business in the area. 3.) There is no disputing that lead and heavy metals are a health hazard. No one disputes that the environment is saturated with lead and heavy metals. http: / /www.0a.gov /air /lead /basic.html There is 500 to 1000 times the amount of lead in the top soil then there was in 1950. Because it doesn't dissipate the only thing that can be done is to ban it so it doesn't get worse. Heavy metals do not combust and should not be incinerated. http: / /www.epa.gov /osw/ hazard /tsd /td/combustion.htm#units It is a funny loophole in the regulations that would allow a company to bring in a regulated hazardous waste that will contain lead and heavy metals and claim it is a permitted fuel use and good for the environment. 3M is removing lead from its products because they know it is bad for the environment. http: / /www.epa.gov/ waste /partnerships /nom /success /3m.htm 4.) McDonalds said it did the Socially Responsible thing by recalling the Shreck glasses because of heavy metals in the pigment used in the screen printing on the outside of the glass, even though it should not be a health risk. One day worth of 3M's average emissions has many times the weight of the heavy metals in the pigment on all of the glasses pulled off the shelves at the local McDonalds and 3M will release it into the air. 5.) The difference between Elected Officials and business directors or state regulators is that elected officials live in the community and know the children. Lead impacts children and expectant mothers the most. If this proposal only increased the risk so 1 in 10,000 children ended up with a health or learning issue, is that acceptable because lead should have been banned in all fuels. There are 11,000 children under 18 in Cottage Grove alone. If it was a child of an elected officials family or one in your neighborhood, would the health risk be worth 3M saving $500,000 a year? A $1,000,000 a year? 6.) We need the City of Cottage Grove and the surrounding communities to pass a resolution, a policy, or document a position that says their city or township is opposed to any leaded fuels being burnt inside their city limits. It does not even have to say 3M or mention the permit. It is the right thing to do. No one else could bring in a fuel that contains lead. If you as an individual or the city services had leaded gasoline in a vehicle it would be a $10,000 fine. If you live in this Area, You Should Care About the 3M Cottage Grove Incinerator Permit Modification Proposal to Bring in and Burn non -3M Regulated Hazardous Waste. It will increase toxic and heavy metal emissions to the air, water, river, and ground. It breaks a 38 year old agreement with the residents in the surrounding communities. Centerpoint is 3J1 Cottage Gro%e Incinerator Radius Around Point Map Blue Radius is IO miles; Fellow is 7 miles: Red is 4 miles Text for Comparison to Utah Incinerator Location -The Grassy Mountain Facility is a commercial, hazardous waste, treatment, storage and disposal facility located near Knolls, Tooele County, Utah. It lies in the desert portion of the Bonneville basin near the Grassy Mountains. The site is one square mile in area and is remotely located, 25 miles from incorporated towns or permanent human habitation. Annual precipitation averages 6 inches, while the yearly potential evaporation rate averages about 48 inches. Relative humidity rarely exceeds 10 percent. There are no streams or rivers within a 40 mile radius of the facility.