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04-23-1990 CC MIN e e e MINUTES OF THE ELK RIVER CITY COUNCIL HELD AT THE COMMUNITY EDUCATION CENTER MONDAY, APRIL 23, 1990 Members Present: Mayor Tralle, Councilmembers Holmgren, Schuldt and Kropuenske Members Absent: Councilmember Dobel Staff Present: Pat Klaers, City Administrator; Steve Rohlf, Building and Zoning Administrator; Peter Beck, City Attorney; Terry Maurer, City Engineer; John Lichter, Environmental Consultant; Sandy Thackeray, City Clerk 1. Call Meetin~ To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:00 p.m. by Mayor Tralle. 2. Consider 4/23/90 City Council A~enda COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 4/23/90 AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. CARRIED 4-0. CITY COUNCIL THE MOTION 3. Consider 4/16/90 City Council Minutes Councilmember Schuldt stated that there was an error on Page 4, third paragraph from the bottom. He indicated he did not make the statement in the first sentence. The City Clerk indicated that she would check her notes and make the appropriate change. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 4/16/90 CITY COUNCIL MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Open Mike A representative from the American Legion and the VFW presented the Mayor with a poppy. Mayor Tralle proclaimed May 11, 1990, as poppy day. 5. Consider Ordinance Amendment Relatin~ to Speed on Orono Lake Mayor Tralle stated that he has met with the Homeowners Association on Orono Lake regarding the speed of boats. He indicated that the homeowners have requested that boat speeds on the lake be reduced, and that because of this, an ordinance has been drafted which would reduce the speed of boats on Orono Lake. The Council discussed the ordinance regulating the speed and direction of boats on Orono Lake. It was indicated by a homeowner that there is a channel between the two lakes which is less than 200 feet wide and that it would be impossible to be within the guidelines of the ordinance while driving a boat through the channel because there would be a wake if a boat was pulling water City Council Minutes April 23, 1990 Page 2 -- skiers. Also discussed was whether or not jet skis were considered boats and would fall under the ordinance. Councilmember Schuldt stated his concern regarding whether the ordinance would address the channel speed under the Highway 10 bridge and also whether the ordinance would address remote control ski boats. COUNCILMEMBER HOLMGREN MOVED TO TABLE THE ORDINANCE AMENDMENT UNTIL MAY 7, 1990, AT WHICH TIME THE ITEMS DISCUSSED WILL BE REVIEWED AND A NEW ORDINANCE DRAFTED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.1 Consideration of Si~n Ordinance Amendment/Public Hearin~ e Mayor Tralle indicated that the City is considering revision of its sign ordinance. He stated that the Planning Commission has reviewed part of the sign ordinance relating to freestanding signage in C-3 zones. Mayor Tralle indicated that after research from other cities, staff presented the Planning Commission with a recommendation regarding C-3 signage. He further indicated that the Planning Commission discussed the recommendation by staff and concurred with the recommendation on everything but two items. He stated that the Planning Commission reduce the maximum height of signs in a greater than 30 m.p.h. and less than 55 m.p.h. zone from 30 feet to 28 feet, and in a 55 m.p.h. or greater zone from 35 feet to 32 feet. Mayor Tralle opened the public hearing. Mr. Paul Bell, of 17333 Highway 10, indicated that the City's old sign ordinance was too restrictive and felt that staff's recommendation to the Planning Commission was adequate and further stated that he would like the Council to follow staff's recommendation. There being no further comments from the public, Mayor Tralle closed the public hearing. Councilmember Holmgren indicated that he felt comfortable with staff's recommendation and indicated that the 2 foot reduction in the Planning Commission's recommendation would not make a large difference in the height. Councilmember Kropuenske indicated that Al Nadeau, representing the Planning Commission, had phoned him earlier and stated that the Planning Commission felt that their recommended height was adequate. COUNCILMEMBER SCHULDT MOVED TO ORDINANCE 90-7, AN ORDINANCE AMENDING SECTION 900.22, SIGN REGULATIONS PERMITTED IN HIGHWAY COMMERCIAL C-3 ZONES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.2 Si~n Variance Request Darkenwald Family Partnership/Public Hearin~ e A representative of Darkenwald indicated that they are withdrawing their request for a sign variance due to Council's adoption of Ordinance 90-7. City Council Minutes April 23, 1990 Page 3 e 6.3 & 6.4 Consideration of Conditional Use Permits and Solid Waste Licenses by NSP and UPA/Public Hearin~ Mayor Tralle introduced Mr. Gregory Carpenter, from Coopers and Lybrand. He stated that the firm of Coopers and Lybrand was authorized by the City to do an audit in an effort to gain better understanding of the operation at the RDF Plant and the financial interrelationships between NSP, UPA, Hennepin County, Anoka County and the Tri-County Group. Mr. Carpenter reviewed the audit with the City Council. He indicated that the audit was an overview of the collection, transportation and disposal of municipal solid waste in Hennepin, Anoka, and Sherburne counties and the tri-county area. After review of the audit, Council discussed with Mr. Carpenter how to evaluate the money that is collected through Anoka and Hennepin counties and to see what amount is going into recycling programs and if there is a deficit or excess at the end of the year. The Council recessed from 9:00 to 9:10 p.m. Steve Rohlf, Building and Zoning Administrator, indicated that the conditional use permits and licenses for NSP and UPA have expired and are up for renewal. He stated that the City has several concerns relating to the conditional use permits and licenses for both NSP and UPA and that the Planning Commission has reviewed these concerns. e Mayor Tralle opened the public hearing. Mayor Tralle indicated that the following issues were discussed by the Planning Commission regarding United Power Association: Testin~ of Dioxins and Furons The Building and Zoning Administrator stated that UPA is requesting that the testing for dioxins and furons be every 15 months, which is in accordance with MPCA' s schedule. He further indicated that the City has requested testing every 9 months. Mr. Dan McConnan of UPA stated that the State is submitting a new proposal which would require testing every 12 months. It was the consensus of the Council to accept the Planning Commission's recommendation that no change in the schedule be set until the results of the next test are in. UPA could ask for an amendment to their permit at that time. Hot Loads The Building and Zoning Administrator stated that on two occasions, smoldering loads of RDF were delivered to the UPA site. He stated that the concern is regarding the runoff of the fire suppression waters to put the fires out. e It was the consensus of the City Council to accept the recommendation of the Planning Commission that staff be notified immediately if there is a hot load of RDF delivered, and further that UPA provide a diked area to contain run-off from associated fire suppression water if staff deems it necessary. City Council Minutes April 23, 1990 Page 4 e Odor The Building and Zoning Administrator indicated that he had noticed a defini te odor resulting from the RDF Plant, and that the City has received complaints regarding odor from the plant. It was the consensus of the Council to accept the recommendation of the Planning Commission that UPA keep the doors closed in an attempt to control odor and further that there be a quicker turn around of the garbage within the receiving building and further, that if this does not control the odor, that UPA be required to deodorize. Noise The Building and Zoning Administrator indicated that there have been several complaints regarding noise from the UPA facility and further that UPA has been working with the citizens to try to control the noise program. It was the consensus of the City Council to accept the recommendation of the Planning Commission that if the noise continues to be a problem from the UPA facility that a muffler be placed on the stack. Heavy Metals The Building and Zoning Administrator indicated that MPCA requires UPA to test for heavy metals every 15 months. e It was the consensus of the Council to accept the recommendation of the Planning Commission that the City adopt MPCA' s 15 month schedule for testing of heavy metals. Emission's Testin~ The Building and Zoning Administrator indicated that the emissions testing by UPA was not done under the current MPCA permit requirements of hav ing the plant burning at 90% capacity. He further stated that UPA is proposing to move up their next round of testing to May 14. It was the consensus of the Council to accept the recommendation of the Planning Commission that the August testing for emissions be moved up to May 14, and that UPA be allowed to operate on three boilers until the test results from the May 14 testing are received with an automatic approval of running on three boilers, if the test results come back within standards. After discussion regarding these items, it was the consensus of the Council to direct the City Attorney to redraft a conditional use permit for UPA with the recommendations as indicated by the Council. Mayor Tralle stated that the Planning Commission discussed issues of concern relating to NSP. He stated that the issues were as follows: e City Council Minutes April 23, 1990 Page 5 e Litter The Building and Zoning Administrator stated that there is a concern with litter along Highway 10 which has appeared to have increased due to the operation of the NSP facility. The Council discussed the timing of litter control along Highway 10. The Building and Zoning Administrator stated that the Planning Commission requested that the litter be picked up daily and that NSP is stating that litter control once a week is sufficient. The Council discussed the fact that thousands of people drive Highway 10 over the weekend and that the litter along Highway 10 is unsightly and does not make a very good impression for Elk River. e Mr. Moyer stated that he has called several of the companies regarding their garbage trucks littering along the Highway and indicated that it does not do any good to call because the companies take no action to control the litter. The City Administrator stated that the litter is one of the financial issues regarding the City being reimbursed for their cost. He indicated that the City is looking at receiving some funding from NSP for police time dedicated to the enforcement of litter control. The Building and Zoning Administrator stated that currently NSP stops their clean up of litter at the Cargill Farm. He indicated that he would like the City to inform NSP that Mr. Moyer's yard also has a problem with litter resulting from the NSP Plant. The Council discussed the Planning Commission's recommendation of picking up litter daily along Highway 10 and the fact that NSP is requesting clean up weekly or on an as needed basis. It was the consensus of the Council that Highway 10 should be cleaned up prior to the weekend and that twice weekly may be sufficient. Councilmember Schuldt suggested that NSP contact the County regarding getting workers to clean up the litter. He indicated that the County has a number of people who must perform community service work and that they may be available for work such as cleaning up the Highways. The Council recommended that litter be picked up twice per week on a trial basis and that the City Administrator determine whether this is effective or not and that if it is not effective that a change be made in the number of times that the litter is being picked up. The Council further consented to accept the recommendation of the Planning Commission that NSP require the haulers to clean their trucks prior to leaving the NSP facility and further that the Council continue to have the police ticket violators of leaky loads from garbage trucks. e Noise Mr. Truman Moyer indicated that from his home he hears noise which is associated with the NSP plant. He indicated that last weekend the noise started at 6:00 a.m. and continueed until about 1:30 a.m. He stated that he has called NSP many times but to no avail. The Building and Zoning Administrator stated that NSP has made corrections regarding the noise but that the City is still receiving complaints. The Building and Zoning Administrator suggested that he be notified when Mr. Moyer hears the noise and further stated that if at that time staff determines there is a noise problem resulting from the plant, corrections will have to be made. City Council Minutes April 23, 1990 Page 6 e Glen Kaas of NSP indicated that NSP has made a number of corrections and that they are not sure what exactly the noise is or where it is coming from. He further indicated that they are wi thin the State regulations regarding the noise level at the current time. Mr. Kaas further indicated that the predominant noise may be resulting from the shredder and the noise of the heavy machinery. The Building and Zoning Administrator indicated that if the noise is within the State standards, the City will be hard pressed to go beyond those standards. Mr. Moyer stated that if NSP truly wants to be a good neighbor they would make an attempt to correct the noise and the litter problems. It was the consensus of the Council to accept the recommendation of the Planning Commission that the Ci ty noise and solid waste ordinance be complied with regarding this issue, and further that the citizens contact staff when they feel the noise is at an unacceptable level and if staff observes the excessive noises, they would follow up with testing the noise level at the residence. e Exolosions The Building and Zoning Administrator indicated that explosions have been a problem at the plant. Mr. Moyer commented on the explosions saying that they were frightening and further that he was afraid someone at the plant would be hurt. Mr. Glen Kaas of NSP indicated that picking through each type of garbage would be a big job in order to determine the cause of explosion. He reminded the Council that the facility was built for explosions in the flail mill. The Building and Zoning Administrator indicated that routine spot checks should be made in order to help determine where the explosions are coming from. He indicated that he felt it would be necessary to have a minimum number of spot checks per week to assure it is done on a routine basis. John Lichter indicated that records of inspections were not routinely kept and now NSP is proposing to do them on a routine basis. It was the consensus of the City Council to accept the recommendation of the Planning Commission that a routine spot check, with NSP documenting their procedures and findings, is done at random of loads brought into the NSP plant, and further that a 20 foot fire break is required from the conveyor on the tipping floor to the garbage on the tipping floor, and lastly that when NSP has down time for major repairs that the City inspects for cleanliness. e Imorooer Waste The Building and Zoning Administrator indicated that improper wastes have been found at the RDF Plant. Discussion was held regarding ways in which to deter haulers from delivering improper waste to the RDF Plant. The Building and Zoning Administrator indicated that it was the Planning Commission's recommendation that an administrative mechanism be developed by staff to act as a deterrent to haulers who deliver improper waste to NSP's facility. City Council Minutes April 23, 1990 Page 7 e It was the consensus of the Council that staff research a mechanism which would act as a deterrent for serious improper waste and that staff present Council with a recommendation regarding this deterrent. Citizen Drop Off Site It was the consensus of the Council to accept the recommendation of the Planning Commission that NSP advertise quarterly to inform citizens of the drop off site service and the fee which is charged. Hot Loads The Building and Zoning Administrator stated that NSP is proposing a hard surfaced diked area to drop hot loads of processed RDF so that they can be put out and the fire suppression water retained. It was the consensus of the City Council to accept the recommendation of the Planning Commission that NSP provide a hard surfaced diked area in the location shown on a site plan. Recycling The Council discussed the fact that it would be difficult to enforce recycling efforts in coordination with the City in the conditional use permit. It was the consensus of the Council that no action be taken on recycling. e Traffic Terry Maurer, City Engineer, stated that the Planning Commission is recommending that he prepare plans for an acceleration and deceleration lane for Highway 10 at the intersection of 165th and Highway 10. He stated that MnDOT is in the process of working on plans for an overlay on Highway 10 from Elk River to Anoka. He stated that the City's plans for an acceleration and deceleration lane would need an approval by MnDOT. It was the consensus of the Council to accept the Planning Commission's recommendation that the City Engineer prepare plans for an acceleration and deceleration lane for Highway 10 at the intersection of 165th and Highway 10 and that the plans be approved by MnDOT and that NSP pay for the construction and further that the intersection of 165th and Highway 10 be lighted by NSP. Paving The Building and Zoning Administrator stated that there are areas at the NSP site that are neither hard surfaced parking and drive or landscaped. He stated that these areas have Class 5 at the present time. It was the consensus of the Council to accept the recommendation of the Planning Commission that all parking and drive surfaces be paved and all other areas be landscaped in at least grass. e Rejects on Sunday The Building and Zoning Administrator stated that NSP is requesting an opportunity to haul rejects on Sunday and currently their permit . City Council Minutes April 23, 1990 Page 8 e prohibits this. He stated that it is NSP's belief that hauling rejects on Sunday would lessen the traffic during Monday morning rush hour. It was the consensus of the Council to accept the recommendation of the Planning Commission that NSP be allowed to haul rejects on Sundays from 9:00 a.m. to 4:00 p.m. using Highway 10 east of the intersection of Highway 10 and 169 and also Highways 169 and 101. After the discussion of this recommendation it was the consensus of the Council that the City reserve the right to set hours of operation if problems arise. The City Administrator stated that the Planning Commission has recommended that the City be reimbursed for some of the cost in dealing with the patrolling of the police officer in regard to litter. He stated that it is staff's recommendation that 1/2 of the wages of a police officer be financed through the conditional use permit for traffic control. e The City Administrator indicated that staff is requesting that NSP help with the expenses for the aerial platform ladder truck and the building addition to house the truck. He indicated that the abnormal cost of the large platform truck due to the RDF Plant was in the $200,000 range. He stated that the RDF Plant was a major factor in deciding to pursue the purchase of the aerial platform truckand that it may be appropriate for NSP to pay approximately 1/2 of the additional $200,000 truck expense. The City Administrator further indicated that the $350,000 building expansion is directly related to the new aerial platform ladder truck. He stated that the building expenses were incurred because of the largeness of the truck and that it may also be appropriate for NSP to reimburse the City approximately 10% of the total cost of the building expansion which could be paid over a number of years. Mayor Tralle stated that the City Attorney would draft the conditional use permits for NSP and UPS with the appropriate changes for Council to review at a later date. COUNCILMEMBER SCHULDT MOVED TO GRANT AN EXTENSION FOR THE CONDITIONAL USE PERMITS AND LICENSES UNTIL JUNE 1, 1990. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE PUBLIC HEARING UNTIL MAY 21, 1990. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.1 City Sidewalk Policy It was the consensus of the City Council to continue this item to the May 7, 1990, City Council meeting. e 7.2 School Street Feasibility Study It was the consensus of the City Council to consider this item at the May 7, 1990, City Council meeting. City Council Minutes April 23, 1990 Page 9 4It 7.3 Lake Orono Dred~in~ UDdate COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 90-17, A RESOLUTION REQUESTING A CORPS OF ENGINEER STUDY OF LAKE ORONO UNDER SECTION 205 FOR SMALL FLOOD CONTROL PROJECTS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.4 MnDOT A~encY A~reement City Engineer, Terry Maurer, stated that the MoDOT Agency Agreement allows the State to act on a city's behalf for projects involving Federal monies. Mr. Maurer stated that the City has previously approved the MnDOT Agency Agreement; however, revisions have been made to the original agreement. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE MNDOT AGENCY AGREEMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.5 Evans Avenue Petition e Terry Maurer indicated that the City has received a petition from Guardian Angels Home and Guardian Angels Foundation requesting the upgrading of Evans Avenue north of Main Street including storm drainage and a sidewalk. He indicated that the petition also includes a request for a sidewalk accessing the Elk River Plaza. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 90-18, A RESOLUTION DECLARING THE ADEQUACY OF THE PETITION FOR IMPROVEMENT AND ORDERING THE PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE EVANS AVENUE IMPROVEMENT OF 1990. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.6 Discussion on East Hi~hwaY 10 Feasibility Study The City Administrator informed the Council that a preliminary draft of the east Highway 10 Engineer feasibility study for utility expansion has been completed. He stated that the draft has been forwarded to BRW, the City's Planning Consultants, who are conducting the land use studies for the east Highway 10 area. 7.7 Gates Avenue Third Street Intersection StoD Si~ It was the consensus of the City Council that this item be discussed at the May 7, 1990, City Council meeting. 7.8 Other The City Engineer informed the Council that a tentative date of May 22, for the annual MnDOT tour and luncheon has been set. e The City Engineer informed the Council that he has met with Burlington Northern regarding three railroad crossings in the City of Elk River. He stated that Burlington Northern has made a proposal to the City which would require the City to close one railroad crossing at which City Council Minutes April 23, 1990 Page 10 e time Burlington Northern would construct two signals and pay for the entire cost of these signals for the remaining two crossings. Mr. Maurer informed the Council that he has indicated to Burlington Northern that it would not be feasible to close a railroad crossing. He stated that the normal funding, if we don't close the crossing, would be that the City would pay for the entire signalization of one crossing and the other two crossings would be 90% Federally funded with the City paying 10%. Terry Maurer indicated that he has offered Burlington Northern with an offer that the City fully pay for the singalization of 173rd Avenue and that the signalization be accomplished by 1990 or 1991, and further that the railroad pay the remaining 10% for the other two crossings. It was the consensus of the Council to send a letter to Mn/DOT stating this position. 8.1 Community Center UDdate/Councilmember Holm~ren Councilmember Holmgren informed the Council that, the Community Center took a second tour of the Minnetonka Community Center City Hall/Police Station. 8.2 Permitted Uses in Commercial Zones/Mayor Tralle e Mayor Tralle indicated that at the last Council meeting the Council voted to rezone a portion of property located on Highway 10 and Proctor to C-3 Commercial property. He stated that all of the members of the Council voiced their concerns regarding the lack of the City's control over the site plan of this corner. He indicated that due to this he is proposing that the Council direct the Planning Commission to review the current permitted uses in zones C-2 and C-3 and recommend uses that should be changed from primary to conditional uses in order to allow the City to address issues such as ingress and egress traffic impacts, drainage surrounding properties, etc. It was the consensus of the City Council to direct the Planning Commission to review the permitted uses in C-2 and C-3 zones and make a recommendation to the Council regarding uses that should be changed from primary to conditional uses. 9. City Administrator UDdate The City Administrator informed the Council that the Legislature has made a decision on the level of cuts in local government aid and stated that the level is set at 1.5% and will cost the City $35,000 in 1990 budgeted funds. The City Administrator informed the Council that a letter has been sent to John MacGibbon regarding the settlement agreement on the sidewalk and that the letter gives Mr. MacGibbon 5 days in which to accept the offer. e The City Administrator informed the Council that the City continues to receive inquiries regarding the sale of the old City Hall. He stated that the City is informing the inquiries that the City Hall is not on the market for sale but that if there is a proposal the City would look at it. e e e City Council Minutes April 23, 1990 Page 11 The City Administrator informed the Council that he had sent Elmer Anderson a letter regarding Elmer's involvement in Block A. 10. Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River City Council adjourned at 12:10 a.m. Respectfully submitted, II -._11 cl;;-;ftck~<-6L~"'7~L City Clerk