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HomeMy WebLinkAbout2024-11-13 Packet1 COTTAGE GROVE CITY COUNCIL November 13, 2024 12800 RAVINE PARKWAY SOUTH COTTAGE GROVE, MINNESOTA 55016 TRAINING ROOM - 6:00 PM 1 Call to Order 2 Roll Call 3 Adoption of Agenda 4 Regular Agenda A Canvas the Abstract Votes Cast from the November 5, 2024, Municipal General Election for the City Council Member Race. Staff Recommendation: Adopt Resolution 2024-157 declaring Myron Bailey winner of the four-year term Mayor's race, declaring Justin Olsen and David Clausen winners of the four-year term City Council race and declaring Monique Garza winner of the two-year term City Council race (Special Election). B Workshop - Holcim Draft Environmental Impact Statement (DEIS) Staff Recommendation: Receive an overview of the Draft Environmental Impact Statement for the Nelson Mine Backwaters Project. 5 Adjournment 1 City Council Action Request 4.A. Meeting Date 11/13/2024 Department Administration Agenda Category Action Item Title Canvas the Abstract Votes Cast from the November 5, 2024, Municipal General Election for the City Council Member Race. Staff Recommendation Adopt Resolution 2024-157 declaring Myron Bailey winner of the four-year term Mayor's race, declaring Justin Olsen and David Clausen winners of the four-year term City Council race and declaring Monique Garza winner of the two-year term City Council race (Special Election). Budget Implication N/A Attachments 1. Resolution 2024-157 - Canvassing the Results of the General Election 2024 (1) 2. Cottage Grove - 2024 General Election Abstract CITY OF COTTAGE GROVE, MINNESOTA CITY COUNCIL RESOLUTION 2024-157 RESOLUTION CANVASSING RETURNS OF VOTES CAST AT THE MUNICIPAL GENERAL ELECTION BE IT RESOLVED, that voting for the offices of Mayor, two (2) Council Members (4-year term) and one (1) Council Member (2-year term) were held at the November 5, 2024 General Election for the City of Cottage Grove. The abstract of votes cast in the precincts of the General Election has been prepared and, in all respects, duly conducted pursuant to notice thereof, and the returns thereof have been canvassed by this Council in accordance with State law. It is hereby found and determined that the total votes cast upon the office for each candidate at said election were as follows: Mayor Myron Bailey 18174 Write-Ins 983 Council Member (4 Year Term) Justin Olsen 12112 Write-Ins 512 Council Member (4 Year Term) David Clausen 9310 Write-Ins 512 Council Member (2 Year Term) Monique Garza 15058 Write-Ins 421 BE IT FURTHER RESOLVED, that as a result of said canvass, Myron Bailey shall be declared elected Mayor, Justin Olsen and David Clausen shall be declared elected Council Members for four-year terms, and Monique Garza shall be declared elected Council Member for a two-year term commencing the first Monday of January 2025 or January 6, 2025. Passed this 13th day of November 2024. __________________________ Myron Bailey, Mayor Attest: ___________________________ Tamara Anderson, City Clerk Abstract of Votes Cast In the Precincts of the City of Cottage Grove State of Minnesota at the State General Election Held Tuesday, November 5, 2024 as compiled from the official returns. Abstract print version 46683, generated 11/11/2024 11:17:51 AM Summary of Totals City of Cottage Grove Tuesday, November 5, 2024 State General Election Number of persons registered as of 7 a.m.27176 Number of persons registered on Election Day 1960 Number of accepted regular, military, and overseas absentee ballots and mail ballots 11975 Number of federal office only absentee ballots 23 Number of presidential absentee ballots 0 Total number of persons voting 24552 Abstract print version 46683, generated 11/11/2024 11:17:51 AM Page 1 of 8 KEY TO PARTY ABBREVIATIONS NP - Nonpartisan Mayor (Cottage Grove) NP Myron Bailey 18174 WI WRITE-IN 983 Council Member (Cottage Grove) (Elect 2) NP Tony Khambata 7320 NP Justin Olsen 12112 NP David Clausen 9310 WI WRITE-IN 512 Special Election for Council Member (Cottage Grove) NP Monique Garza 15058 WI WRITE-IN 421 CITY QUESTION 1 (Cottage Grove) NP YES 9432 NP NO 14100 CITY QUESTION 2 (Cottage Grove) NP YES 9714 NP NO 13768 CITY QUESTION 3 (Cottage Grove) NP YES 6472 NP NO 16535 Summary of Totals City of Cottage Grove Tuesday, November 5, 2024 State General Election Page 2 of 8 Detail of Election Results City of Cottage Grove Tuesday, November 5, 2024 State General Election Precinct Persons Registered as of 7 A.M. Persons Registered on Election Day Total Number of Persons Voting 82 0040 : COTTAGE GROVE P-01 4654 309 4235 82 0045 : COTTAGE GROVE P-02 4195 272 3837 82 0050 : COTTAGE GROVE P-03 2424 206 2132 82 0055 : COTTAGE GROVE P-04 3154 237 2819 82 0060 : COTTAGE GROVE P-05 4117 276 3741 82 0065 : COTTAGE GROVE P-06 4224 331 3804 82 0070 : COTTAGE GROVE P-07 1553 113 1400 82 0075 : COTTAGE GROVE P-08 2855 216 2584 City of Cottage Grove Total:27176 1960 24552 Page 3 of 8 Detail of Election Results City of Cottage Grove Tuesday, November 5, 2024 State General Election Office Title: Mayor (Cottage Grove) Precinct NP Myron Bailey WI WRITE-IN 82 0040 : COTTAGE GROVE P-01 3157 163 82 0045 : COTTAGE GROVE P-02 2862 167 82 0050 : COTTAGE GROVE P-03 1598 60 82 0055 : COTTAGE GROVE P-04 2107 115 82 0060 : COTTAGE GROVE P-05 2790 137 82 0065 : COTTAGE GROVE P-06 2745 185 82 0070 : COTTAGE GROVE P-07 1003 79 82 0075 : COTTAGE GROVE P-08 1912 77 Total:18174 983 Office Title: Council Member (Cottage Grove) (Elect 2) Precinct NP Tony Khambata NP Justin Olsen NP David Clausen WI WRITE-IN 82 0040 : COTTAGE GROVE P-01 1204 2162 1577 79 82 0045 : COTTAGE GROVE P-02 1174 1858 1524 69 82 0050 : COTTAGE GROVE P-03 611 1052 813 42 82 0055 : COTTAGE GROVE P-04 814 1400 1055 68 82 0060 : COTTAGE GROVE P-05 1201 1933 1432 80 82 0065 : COTTAGE GROVE P-06 1165 1786 1483 78 82 0070 : COTTAGE GROVE P-07 438 684 525 42 82 0075 : COTTAGE GROVE P-08 713 1237 901 54 Total:7320 12112 9310 512 Page 4 of 8 Detail of Election Results City of Cottage Grove Tuesday, November 5, 2024 State General Election Office Title: Special Election for Council Member (Cottage Grove) Precinct NP Monique Garza WI WRITE-IN 82 0040 : COTTAGE GROVE P-01 2581 59 82 0045 : COTTAGE GROVE P-02 2334 73 82 0050 : COTTAGE GROVE P-03 1356 29 82 0055 : COTTAGE GROVE P-04 1786 63 82 0060 : COTTAGE GROVE P-05 2277 62 82 0065 : COTTAGE GROVE P-06 2299 67 82 0070 : COTTAGE GROVE P-07 889 29 82 0075 : COTTAGE GROVE P-08 1536 39 Total:15058 421 Office Title: CITY QUESTION 1 (Cottage Grove) Precinct NP YES NP NO 82 0040 : COTTAGE GROVE P-01 1577 2498 82 0045 : COTTAGE GROVE P-02 1437 2247 82 0050 : COTTAGE GROVE P-03 872 1154 82 0055 : COTTAGE GROVE P-04 958 1751 82 0060 : COTTAGE GROVE P-05 1390 2203 82 0065 : COTTAGE GROVE P-06 1660 1983 82 0070 : COTTAGE GROVE P-07 535 818 82 0075 : COTTAGE GROVE P-08 1003 1446 Total:9432 14100 Page 5 of 8 Detail of Election Results City of Cottage Grove Tuesday, November 5, 2024 State General Election Office Title: CITY QUESTION 2 (Cottage Grove) Precinct NP YES NP NO 82 0040 : COTTAGE GROVE P-01 1620 2447 82 0045 : COTTAGE GROVE P-02 1499 2178 82 0050 : COTTAGE GROVE P-03 900 1119 82 0055 : COTTAGE GROVE P-04 1020 1684 82 0060 : COTTAGE GROVE P-05 1451 2137 82 0065 : COTTAGE GROVE P-06 1590 2037 82 0070 : COTTAGE GROVE P-07 547 804 82 0075 : COTTAGE GROVE P-08 1087 1362 Total:9714 13768 Office Title: CITY QUESTION 3 (Cottage Grove) Precinct NP YES NP NO 82 0040 : COTTAGE GROVE P-01 1113 2881 82 0045 : COTTAGE GROVE P-02 1068 2546 82 0050 : COTTAGE GROVE P-03 612 1370 82 0055 : COTTAGE GROVE P-04 598 2052 82 0060 : COTTAGE GROVE P-05 1032 2471 82 0065 : COTTAGE GROVE P-06 929 2615 82 0070 : COTTAGE GROVE P-07 344 975 82 0075 : COTTAGE GROVE P-08 776 1625 Total:6472 16535 Page 6 of 8 We, the legally constituted county canvassing board, certify that we have herein specified the names of the persons receiving votes and the number of votes received by each office voted on, and have specified the number of votes for and against each question voted on, at the State General Election held on Tuesday, November 5, 2024 As appears by the returns of the election precincts voting in this election, duly returned to, filed, opened, and canvassed, and now remaining on file in the office of the City of Cottage Grove Clerk. Witness our official signature at ________________________________ in _________________________ County this _____________ day of ______________, 2024. ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board Page 7 of 8 State of Minnesota City of Cottage Grove I, __________________________________________________, Clerk of the City of Cottage Grove do hereby certify the within and foregoing __________________ pages to be a full and correct copy of the original abstract and return of the votes cast in the City of Cottage Grove State General Election held on Tuesday, November 5, 2024. Witness my hand and official seal of office this ________ day of ________________, 2024. ______________________________________________ Page 8 of 8 1 City Council Action Request 4.B. Meeting Date 11/13/2024 Department Administration Agenda Category Action Item Title Workshop - Holcim Draft Environmental Impact Statement (DEIS) Staff Recommendation Receive an overview of the Draft Environmental Impact Statement for the Nelson Mine Backwaters Project. Budget Implication N/A Attachments 1. Holcim DEIS CC Workshop Memo 2024-11-13 TO: Honorable Mayor and City Council Jennifer Levitt, City Administrator FROM: Emily Schmitz, Community Development Director DATE: November 7, 2024 RE: Workshop - Holcim Draft Environmental Impact Statement (DEIS) Background/Proposal Holcim – MWR, Inc. (formerly Aggregate Industries) is proposing to move its mine area, which supports the existing Nelson Sand & Gravel Mine Facility, onto an approximately 395-acre parcel of privately owned land that the company leases in the backwaters of the Mississippi River on Lower Grey Cloud Island. The planned shift in mine area would take place during a 20- to 25-year period. Holcim – MWR, Inc. has been mining at the existing Nelson Sand & Gravel Mine Facility since the early 1950s when the J.L. Shiely Company (then known as Aggregate Industries, now known as Holcim – MWR, Inc.) entered into a lease agreement with the private landowner. A form of this lease agreement remains in place between the private landowner and Holcim – MWR, Inc. today. The existing Nelson Sand & Gravel Mine Facility mines aggregate in the Lower Grey Cloud Island deposit and will exhaust its currently accessible minable reserves in approximately five years given the current rate of mining, market trends, and geologic variations at the site. The proposed Project’s purpose is to exercise Holcim’s lease to continue mechanical dredging operations in an adjacent backwaters area of the Mississippi River to supply to the Twin Cities and other local markets with construction quality natural aggregate for an additional 20 to 25 years. The mined material will extend the functionality of the existing Nelson Sand & Gravel Mine pro- cessing facilities and ship the aggregate to market using the existing Holcim barge system. Holcim is in business to support the demand for high quality natural aggregate in the Twin Cities metropolitan market. An Environmental Impact Statement (EIS) must be prepared for this project as it exceeds the thresholds identified below from Minnesota Administrative Rules (Minnesota Rules) where the City of Cottage Grove is the Responsible Government Unit (RGU):  4410.4400, Subpart 9B – development of a facility for the extraction or mining of sand, gravel, stone, or other nonmetallic minerals other than peat, which will excavate 160 acres of land or more to a mean depth of 10 feet or more during its existence, the local govern- mental unit is the RGU.  4410.4400, Subpart 9C – development of a facility for the extraction or mining of sand, gravel, stone, or other nonmetallic minerals other than peat, which will excavate 40 or more acres of forested or other naturally vegetated land in a sensitive shoreland area or 80 or Honorable Mayor, City Council, and Jennifer Levitt Workshop - Holcim Draft EIS November 13, 2024 Page 2 of 7 more acres of forested or other naturally vegetated land in a non-sensitive shoreland area, the local governmental unit is the RGU. Pursuant to Minnesota Rules for nonmetallic mineral mining, the City of Cottage Grove, acting as the RGU, prepared a Draft Scoping Decision Document (SDD) for Holcim Nelson Mine Backwater Project (Project). The Draft SDD is a companion to the Draft Scoping Environmental Assessment Worksheet (EAW) prepared for the Project which was published for comment on March 15, 2022. The final SDD was published in May 2022 and reflects comments received during the comment period. Scoping occurs before the preparation of an EIS to reduce the scope and bulk of an EIS, identify only those potentially significant issues relevant to the proposed project, define the form, level of detail, content, alternatives, timetable for preparation, and preparers of the EIS, and to determine the permits for which information will be developed concurrently with the EIS. The final SDD serves as the official blueprint for the EIS. The purpose of an EIS is to provide information for governmental units, the proposer of the project, and other persons to evaluate proposed projects that have the potential for significant en- vironmental effects, to consider alternatives to the proposed projects, and to explore methods for reducing adverse environmental effects (Minnesota Rules 4410.2000 Subp. 1). A Draft EIS, in particular, is the initial documented EIS statement prepared to be circulated for review and comment to all involved agencies. The RGU must deem the Draft EIS “complete” (referring to the scope set out in the Final Scoping Document). At the point the RGU deems the Draft EIS complete, they are also considering approval of the Draft EIS for publication and distribution to the public, agencies, etc. The publication/distribution coincides with a 30-day comment period and the Draft EIS Information Meeting. Thereafter, the Final EIS is prepared, responsive to substantive comments received during the Draft EIS 30-day comment period. The Final EIS is published/distributed for no less than 10 days. The RGU must thereafter consider a determination of “adequacy” for the EIS. Honorable Mayor, City Council, and Jennifer Levitt Workshop - Holcim Draft EIS November 13, 2024 Page 3 of 7 Project Location Map Draft Environmental Impact Statement (DEIS) Content Project Purpose and Need When assessing the viability of various alternatives, and per Minnesota Rules (4410.2300 H), the EIS considers the fundamental need for the Project in addition to the environmental, employment, and sociological impacts of the proposed action and each major alternative. The proposed Project’s purpose is to exercise Holcim’s lease to continue mechanical dredging operations in an adjacent backwaters area of the Mississippi River to supply to the Twin Cities and other local markets with construction quality natural aggregate for an additional 20 to 25 years. As indicated by aggregate industry leaders and the Minnesota Legislature, aggregate reserves in the Twin Cities metropolitan area are limited and the need for the proposed Project is to provide a continued local supply of construction-quality aggregate from a local, accessible source. Project beneficiaries include projects that require aggregate materials, such as roadway and other infra- structure projects, by providing a cost-competitive, local aggregate source. Honorable Mayor, City Council, and Jennifer Levitt Workshop - Holcim Draft EIS November 13, 2024 Page 4 of 7 Project Alternatives The EIS must evaluate the “environmental, economic, employment, and sociological impacts” (Minnesota Rule 4410.2300, Item H.) of the Project and will compare the potentially significant impacts of the proposed Project with a No Action Alternative and other reasonable alternatives. The Minnesota Environmental Review Rules require the EIS to address at least one alternative of each of the following types of alternatives or provide an explanation of why no alternative of a particular type is included in the EIS: ꞏ No Action Alternative ꞏ Alternative Sites ꞏ Alternative Technologies ꞏ Modified Designs or Layouts ꞏ Modified Scale or Magnitude ꞏ Alternatives incorporating reasonable mitigation measures identified through the EIS scoping and Draft EIS process. Proposed Alternatives: A. No Action Alternative: No expansion of the existing Nelson Sand and Gravel Mine Facility B. Backwaters Project (proposed action): Moves mining area to 395-acre privately owned parcel in the Mississippi River backwaters C. Baldwin Lake: Moves mining area to privately-owned parcel in Mississippi River backwaters D. Coats Site: Off-Site, upland alternative. Greenfield construction of a new processing, ancillary, and transportation facilities E. Reduced Scale: Modified version of Alternative B, reducing mining area size by 40- acres. EIS Schedule A Minnesota EIS requires extensive issue identification and analysis in three phases of work: 1. Scoping - Complete 2. Draft EIS – Current phase 3. Final EIS The publication of the Draft EIS on December 3, 2024, will initiate a 45-day comment period. The table below identifies the remaining steps in the EIS process. Planned Date Event November 20, 2024 RGU approves resolution to publish Draft Environmental Impact Statement November 26, 2024 Draft Environmental Impact Statement submitted to EQB December 3, 2024 Draft Environmental Impact Statement Document published in EQB Monitor December 19, 2024 Informational Public Meeting January 17, 2025 Completion of public comment period Honorable Mayor, City Council, and Jennifer Levitt Workshop - Holcim Draft EIS November 13, 2024 Page 5 of 7 Planned Date Event TBD RGU responds to substantive comments TBD RGU Distributes final EIS and publishes in the EQB Monitor TBD RGU determines adequacy Special Studies or Research A scoping process for the proposed Project was originally initiated in 2007. A Scoping Decision Document was published in April 2008, leading to the preparation of a Draft EIS. A Draft EIS was developed to the point where a preliminary version was made available to participants of the proposed Project’s Technical Advisory Committee. Holcim – MWR, Inc. made a business decision to pause the proposed Project in Fall 2010 before the Draft EIS was published for public review and comment. Studies were initiated and completed in the late 2000’s to support the Draft EIS at that time and some of those studies are still relevant, while others need to be updated or redone due to the time lapse. Given the time that passed since the stop in work on the project in the late 2000’s, a new application for the EIS was received in 2022 starting the EIS process at the beginning. TAC A Technical Advisory Committee (TAC) was compiled by City staff to inform the process and content of the EIS for the Nelson Mine Backwater Project EIS. The TAC provided insights and relevant technical information that guided the development of the EIS and adequately assessed environmental effects. The TAC met starting in February 2022 at the start of the Scoping Document and disbanded in February 2024. The purpose of the TAC was for its members to inform the proposer and City of Cottage Grove on technical and process information related to the Nelson Mine Backwater Project EIS. Agencies and partners invited to participate on the TAC included: Honorable Mayor, City Council, and Jennifer Levitt Workshop - Holcim Draft EIS November 13, 2024 Page 6 of 7 State of Minnesota o Department of Natural Resources (DNR) o Department of Transportation (MnDOT) o Pollution Control Agency (MPCA) o Metropolitan Council  Counties o Washington County o Washington Conservation District o Dakota County Parks  Watersheds o South Washington Watershed District  Federal o Army Corp of Engineers (USACE) o Fish and Wildlife Service (USFWS) o National Park Service (NPS)  Other o Friends of the Mississippi River o Upper Mississippi Waterway Association o Prairie Island Indian Community o Tribal Nations o United Pentecostal Church Government Permits or Approvals The Draft EIS contains a table listing any known permits or approvals that will be required for the Project. Approval of permits is contingent on the Proposer meeting the individual requirements of each permit in this mandatory EIS process. Comment Period Minnesota Rules require a 30-day comment period on the Draft Environmental Impact Statement for a mandatory EIS. During the 30-day comment period, anyone may review and comment on the Draft EIS. Comments will be received in writing. Per the Minnesota Environmental Quality Board’s (A Citizen’s Guide: Commenting on Environmental Review Projects, dated December 2005), it is distinguished that while all comments are accepted in response to the 30-day public comment period, the RGU is required to evaluate only substantive comments. Public comments are particularly valuable to the RGU when: 1) They list any inaccuracies in the environmental review document; 2) They show potential environmental impacts that have not been identified by the proposer or the RGU; 3) They show that while certain environmental impacts have been identified, they have not been adequately addressed; 4) They suggest possible mitigation measures that could or should be added to the proposal. Honorable Mayor, City Council, and Jennifer Levitt Workshop - Holcim Draft EIS November 13, 2024 Page 7 of 7 The Draft EIS is available for review on the City’s website and is proposed to be available in the EQB Monitor early December. Recommendation That the City Council receive an overview of the Draft Environmental Impact Statement for the Nelson Mine Backwaters Project.