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HomeMy WebLinkAbout2010-07-21 MINUTES COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting July 21, 2010 OPEN FORUM Mayor Bailey opened Open Forum at 7:15 p.m., and stated Open Forum provides a person the 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; 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 read aloud a prepared statement regarding the ongoing 3M incinerator issue: “There has been ongoing deliberations and media reporting within the community regarding the operations of the 3M Corporate Incinerator at the 3M-Cottage Grove Campus, and would like to make a quick update as to where the City is relative to this issue. Initially he would remind the community that the operation of the 3M Incinerator is regulated by the Minnesota Pollution Control Agency not the City of Cottage Grove. He also noted, however that 3M and the City of Cottage Grove are continuing discussions regarding the proposal to construct an ambient air monitoring station at or near the 3M facility to measure air quality within the community. We are currently working out the final details of an air monitoring station and he fully expect that we will have a document that we sign off on in the very near future. Beyond those discussions, the City Council has scheduled a community meeting to be held at the Cottage Grove Junior High School on August 4, 2010. We will have an open house at 6:00 p.m. to 7:00 p.m. during which we have invited State Agencies to be present to provide information of interest. Our community meeting will begin at 7:00 p.m. We will provide presentations about the operation of the 3M Incinerator, following by a question and answer process during which we will have experts and officials in the room to provide answers to questions from the community. In order to ensure Cottage Grove City Council 2 July 21, 2010 Regular Meeting that all individuals desirous of asking questions have an opportunity to do so, we will be following the process within which we are asking for submittals of written questions, the answers to which he will direct to the appropriate person on the panel to provide a response. Our intent of this process is to provide the community an opportunity to receive all of the facts that is related to this topic from the experts in the field. If you are unable to attend this meeting or if you wish to suggest a question in advance of the meeting, we will be providing a link on our Face book page for that purpose, or of course you are invited to email him or any member of the Council or to send a letter to him at City Hall and he will bring those questions to the community meeting for a response. Council Member Peterson asked whether the August 4, 2010 meeting will replace the regular City Council meeting. Mayor Bailey stated that it will be a Special City Council meeting. Mike Sanford, Human Resources Manager for the 3M-Cottage Grove site, stated that since the first of the year, 3M has hired 34 full-time production positions, which average about $20.00 per hour in wages with full benefits. Of the 716 employees, about 117 reside in Cottage Grove. The estimated payroll for just the Cottage Grove residents is in excess of $7 million per year. Mr. Sanford commented that one of the reasons he was speaking tonight was due to some of the comments he heard the last time he was in attendance. He stated that in the last 10 years, 3M and the 3M Foundation, have given in excess of $1.65 million in cash to a variety of organizations in Cottage Grove and South Washington County to benefit the citizens. That figure does not include the Bush McKnight or Ordway Foundation, or gifts such as computers and other equipment. In closing, Mr. Sanford stated that 3M is a vital part of the community and to imply otherwise would not be based on facts. Dave Monsour, Union Representative for 3M-Cottage Grove employees, commented on the jobs at the Cottage Grove plant and requested that the City support 3M’s efforts to amend their permit so they can do what they need to do to continue to operate in a safe and efficient manner. Brenda Shelby, 7152 Jocelyn Bay South, Cottage Grove, stated she works at the 3M- Cottage Grove facility in the Human Resources Department, and stated she supports what 3M is trying to do. th Kathy Lewandoski, 9043 75 Street South, Cottage Grove, commented that she has heard threats that 3M was going to move out of the State and that the City would like to build a new Public Safety/City Hall complex. She encouraged citizens to voice their opinions on the following email addresses: 3mtoxicwaterandair@gmail.com or nonewcityhall@gmail.com. Mayor Bailey closed Open Forum to the Regular Meeting. Cottage Grove City Council 3 July 21, 2010 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 21, 2010, at the Cottage Grove City Hall located at 7516 80 Street South. Mayor Bailey called the meeting to order at 7:57 p.m. PLEDGE OF ALLEGIANCE Mayor Bailey led the audience, staff 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 Mark Grossklaus, Council Member Jen Peterson, and Council Member Justin Olsen. The following were absent: Council Member Pat Rice Also present were: Ryan R. Schroeder, City Administrator; Caron M. 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. 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. Night to Unite Public Safety Director Woolery gave a presentation on the Night to Unite event which will take place throughout the City of Cottage Grove on August 3, 2010, followed by covering the crime rates in Cottage Grove. 3. APPROVAL OF MINUTES – None. 4. CONSENT CALENDAR Council Member Olsen pulled item Q, and encouraged the Council to approve the appointment of Brian Treber to the Planning Commission. Cottage Grove City Council 4 July 21, 2010 Regular Meeting Council Member Grossklaus pulled items H and L to accept the donations of $2,500 from 3M-Cottage Grove for sponsorship toward the 2010 Cottage Grove th Strawberry Fest; and $550 from various contributors for the 17 Annual Youth Safety Camp. Council Member Peterson pulled items E and N to accept the donation of $1,000 from Donna Moldrem and the family of David Flynn to be used toward the installation of a park bench near the playground at Lamar Park and she recommended the appointment of Linda Lundstrom and Richard Johnson to the Human Services/Human Rights Commission, announcing that the Commission has two (2) vacant youth seats. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: i. ENVIRONMENT COMMISSION MEETING OF MAY 12, 2010. B. APPROVE CHANGE ORDER NO. 4 FOR THE HAMLET POND EXPANSION PHASE 3 IMPROVEMENT PROJECT. C. APPROVE THE PURCHASE OF THREE (3) VEHICLES FROM NELSON AUTO CENTER TOTALING $85,979.71 FOR THE PUBLIC WORKS DEPARTMENT. D. APPROVE THE PURCHASE OF ONE (1) FORD ESCAPE HYBRID 4WD FROM ELK RIVER FORD/DODGE/JEEP TOTALING $31,202.56 FOR THE PUBLIC WORKS DEPARTMENT. E. ADOPT RESOLUTION NO. 2010-098, A RESOLUTION ACCEPTING DONATION OF $1,000.00 FROM DONNA MOLDREM AND FAMILY OF DAVID LYNN TO BE USED TOWARDS THE INSTALLATION OF A PARK BENCH NEAR THE PLAYGROUND AT LAMAR PARK. F. ADOPT RESOLUTION NO. 2010-099, A RESOLUTION ORDERING THE ABATEMENT OF NUISANCE VIOLATIONS AT 7649 INSKIP TRAIL SOUTH, COTTAGE GROVE, WITH THE COSTS TO BE BORNE BY THE PROPERTY OWNER. G. ADOPT RESOLUTION NO. 2010-100, A RESOLUTION ORDERING THE ABATEMENT OF NUISANCE VIOLATIONS AT 7311 BURR OAK AVENUE SOUTH, COTTAGE GROVE, WITH THE COSTS TO BE BORNE BY THE PROPERTY OWNERS. Cottage Grove City Council 5 July 21, 2010 Regular Meeting H. ADOPT RESOLUTION NO. 2010-101, A RESOLUTION ACCEPTING THE DONATION OF $2,500.00 FROM 3M-COTTAGE GROVE FOR SPONSORSHIP TOWARD THE 2010 COTTAGE GROVE STRAWBERRY FEST AND AUTHORIZE STAFF TO SEND A DRAFT PAYABLE TO THE COTTAGE GROVE STRAWBERRY FEST, INC. I. RECEIPT THE FINANCIAL REPORTS GIVING BUDGET TO ACTUAL ANALYSIS FOR THE GENERAL FUND, SPECIAL REVENUE AND ENTERPRISE FUNDS FOR THE SIX (6) MONTH PERIOD ENDING JUNE 30, 2010, WITH COMPARISON DATA FOR THE SAME PERIOD IN 2009. J. ACCEPT AND APPROVE THE HUMAN SERVICES/HUMAN RIGHTS COMMISSION 2010 STRATEGIC PLAN. K. ADOPT RESOLUTION NO. 2010-102, A RESOLUTION ACCEPTING GRANT FUNDING IN THE AMOUNT OF $1,140.00 FROM THE MINNESOTA INSTITUTE OF PUBLIC HEALTH TO THE POLICE DIVISION TO ASSIST WITH ALCOHOL COMPLIANCE CHECKS AND AUTHORIZE THE POLICE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY TO ENTER INTO A GRANT AGREEMENT. L. ADOPT RESOLUTION NO. 2010-103, A RESOLUTION ACCEPTING THE DONATION OF $550.00 FROM BORST CONSTRUCTION, INC. ($50.00); COTTAGE GROVE ESTATES ($100.00); J.D. BOBCAT SERVICE, INC. ($50.00); JOHN S. GERMO ($50.00); AND WERNER ELECTRIC VENTURES ($300.00). M. ADOPT RESOLUTION NO. 2010-104, A RESOLUTION AWARDING THE CONTRACT FOR THE ICE ARENA ENTRY SIGN PROJECT TO THE LOWEST RESPONSIBLE BIDDER, BLACKSTONE CONTRACTORS, LLC, IN THE AMOUNT OF $70,000.00. N. APPROVE THE APPOINTMENT OF LINDA LUNDSTROM AND RICHARD JOHNSON TO THE HUMAN SERVICES/HUMAN RIGHTS COMMISSION. O. PASS ORDINANCE NO. 880, AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING TITLE 10, CHAPTER 3, SECTION 1, GENERAL OVERVIEW OF THE SUBDIVISION ORDINANCE OF THE CITY CODE. ADOPT RESOLUTION NO. 2010-105, A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 880 BY TITLE AND SUMMARY. Cottage Grove City Council 6 July 21, 2010 Regular Meeting P. ADOPT RESOLUTION NO. 2010-106, A RESOLUTION GRANTING A VARIANCE TO ALLOW A PORCH ADDITION TO BE CONSTRUCTED 25 FEET FROM THE REAR PROPERTY LINE WHEN THE REQUIRED REAR YARD SETBACK IS 35 FEET AT 6592 HADLEY AVENUE SOUTH, COTTAGE GROVE. Q. APPROVE THE APPOINTMENT OF BRIAN TREBER TO THE PLANNING COMMISSION. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES A. Receive Response to Mr. Dennis Plan Regarding 2008 Pavement Management Project Mayor Bailey acknowledged receipt of the response prepared by Public th Works Director Burshten to Dennis Plan, 8027 77 Street South, Cottage Grove, regarding the 2008 Pavement Management Project. No action taken. 6. PUBLIC HEARINGS A. Consider Approval Application of Daniel and Kristin Matthews, 7729 Jeffery Avenue South, Cottage Grove Community Development Director Blin stated that this is before you to expedite the review process. The Planning Commission reviewed the variance application at their June 28, 2010 meeting and recommends approval of the variance to allow a 19.5 foot high detached accessory structure at 7729 Jeffery Avenue South, Cottage Grove. He stated that in May 2010, the applicant received a building permit to construct a detached accessory structure with an 18-foot height. During the course of a framing inspection, a Building Inspector identified that the structure was framed in at 19.2 feet. Based on the extent of construction and the tasks and engineering required to re-frame the structure to the appropriate height, the applicant applied for the requested variance. Community Development Director Blin stated that two (2) neighboring property owners were notified and did attend the Planning Commission meeting and each submitted letters, which were included in the Agenda packet. He stated that one (1) of the property owners stated at the meeting that they did not oppose the variance, they did suggest however that the applicant be required to plant some trees for screening and there were concerns about the location of the stairway to the second level. The Planning Commission did not recommend that the conditions be attached to the variance; partly, because the applicant was agreeable to meeting Cottage Grove City Council 7 July 21, 2010 Regular Meeting those concerns. Community Development Director Blin stated that it is recommended that the Council approve the variance application. The primary basis for the recommendation was that the grade of the lot slopes down significantly in the rear and the height is much less than it might be, so a higher garage at this point would not have a negative effect on the surrounding property owners. Daniel Matthews, 7729 Jeffery Avenue South, Cottage Grove, the applicant, stated that he has no problem planting a tree on the side of the garage. He stated that the reason he wants the stairway on the side is because it is lower to the ground on that side. He asked if anybody on the Council had any questions. Mayor Bailey opened the public hearing to receive comments and/or objections from the public. There being none, Mayor Bailey closed the public hearing. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2010-107, A RESOLUTION GRANTING A VARIANCE TO THE 18-FOOT MAXIMUM HEIGHT FOR ACCESSORY STRUCTURES TO ALLOW A 19.5 FOOT HIGH GARAGE AT 7729 JEFFERY AVENUE SOUTH. MOTION CARRIED. 4-0. B. Consider Conditional Use Permit Application of Danner, Inc. Community Development Director Blin stated this application is an amendment to an existing conditional use permit for grading on property located at 9450 East Point Douglas that was issued in 2009. This amendment would expand the area that would be graded from 22 acres to 32.5 acres and it also changes the sequencing of that grading operation to prevent the removal of some farm crop land. The key point is the property in question is the Cottage View Theater area and the grading being done conforms to a very preliminary development plan that was prepared for that property and that development plan required quite a bit of grading. This is actually the first step in grading the property for development. He stated he has reviewed the application and because it conforms to that development plan, staff recommends approval. A representative of Danner, Inc., was in attendance and elected not to speak on the application due to the fact that Mr. Blin explained it pretty well. Cottage Grove City Council 8 July 21, 2010 Regular Meeting Mayor Bailey opened the public hearing for comments or objections. There being none, Mayor Bailey closed the public hearing. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER OLSEN, TO ADOPT RESOLUTION NO. 2010-108, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR GRADING ACTIVITIES ON APPROXIMATELY 38.3 ACRES OF LAND LOCATED NORTHWEST OF COUNTY ROAD 19 AND EAST POINT DOUGLAS ROAD. MOTION CARRIED. 4-0. C. Consider Vacation and Discontinuance of a Utility and Drainage Easement rd in the Pinecliff 3 Addition Community Development Director Blin stated a public hearing was scheduled for tonight anticipating that the final plat would also be on the rd agenda for Pinecliff 3 Addition, however, the plat has been delayed. Therefore, it is recommending that the vacation also be continued until the final plat is before the Council. Mayor Bailey opened the public hearing for comments or objects. There being none, Mayor Bailey closed the public hearing. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO CONTINUE THE PUBLIC HEARING UNTIL THE PUBLIC HEARING TO THE NEXT COUNCIL MEETING AND WHEN RD THE PINECLIFF 3 ADDITION FINAL PLAT APPLICATION IS ALSO ON THE COUNCIL AGENDA. MOTION CARRIED. 4-0. 7. BID AWARDS – None. 8. UNFINISHED BUSINESS – None. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS – None. 10. COUNCIL COMMENTS AND REQUESTS Council Member Peterson announced that the next meeting of the Beyond the Yellow Ribbon network, is on August 31, 2010 at the National Guard Armory, from 6:00 p.m. to 8:00 p.m. All members of the community are invited to attend. Council Member Peterson extended sympathies from the City and City Council to the family from Cottage Grove who lost their lives in the line of duty. Mayor Bailey stated the City Council and Staff welcomes back Pat Nickle who is a member of the Cottage Grove Police Department who recently returned from Cottage Grove City Council 9 July 21, 2010 Regular Meeting serving in Afghanistan and are very happy to have him return. Public Safety Director Woolery stated that Pat Nickle is back home with his family and he will go through a brief orientation process to make sure he understands what we are doing today because he has been gone for awhile. Mayor Bailey stated that the City now has an off-leashed dog park that is coming soon and is located at 9475 Glendenning Road or behind the Fire Station in the Industrial Park. It is to exercise and socialization of your dogs, it consists of 14 acres with a pond and is being developed as we speak and it is being funded by the users of the park. The WAG Farm Dog Park Association needs help to get this park open. 11. PAY BILLS MOTION BY COUNCIL MEMBER GROSSKLAUS, SECONDED BY COUNCIL MEMBER OLSEN TO APPROVE PAYMENT OF CHECK NUMBERS 168041 THROUGH 168215 IN THE AMOUNT OF $547,870.07. CHECK NUMBERS 168041 THROUGH 168069 IN THE AMOUNT OF $107,174.63 WERE ISSUED PRIOR TO COUNCIL APPROVAL. MOTION CARRIED. 4-0. 12. WORKSHOP SESSION – OPEN TO PUBLIC – None. 13. WORKSHOP SESSION – CLOSED TO PUBLIC - None. ADJOURNMENT MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER GROSSKLAUS, TO ADJOURN THE REGULAR MEETING AT 7:56 P.M. MOTION CARRIED. 4-0. Submitted by, Caron M. Stransky City Clerk