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05-21-1990 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, MAY 21, 1990 MEMBERS PRESENT: Mayor Tralle, Councilmembers Schuldt, Kropuenske, Dobel, and Holmgren (7:35 p.m.) MEMBERS ABSENT: None STAFF PRESENT: Pat Klaers, City Administrator; Stephen Rohlf, Building and Zoning Administrator; Janelle Szklarski, Zoning Assistant; Peter Beck, City Attorney 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 7:05 p.m. 2. Consider 5/21/90 City Council A<<enda COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 5/21/90 CITY COUNCIL AGENDA. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider 5/7/90 City Council Minutes COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 5/7/90 CITY COUNCIL MINUTES. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Open Mike Mike Niziolek, 12275 Rush Circle, of the Elk River Trail Association asked the City Council to consider sponsoring their association so that they could participate in the DNR's Trail Grant and Aid program. This program would allow the association to enter into a contract with the City to maintain the local trail system. Mr. Niziolek stated that the State would reimburse 90% of the cost covered through the program. He also stated that users of the ski trails would pay a fee which would help to pay for the grooming of the trails. Mayor Tralle questioned whether this program would apply to both competition and recreational trails. Mr. Niziolek stated that this program would cover all the trails. Steve Rohlf, Building and Zoning Administrator, stated that Pat Klaers and Phil Hals had concerns regarding this program. Mr. Rohlf suggested that discussion on this item be tabled until Mr. Klaers could respond. City Council Minutes May 21, 1990 Page 2 e 5.1. Liauor Ordinance Relatinll to LioensinJt and Conduct RellUlat!ons/PuQlic HearinJt Mayor Tralle stated that no action was required on the draft Liquor Ordinance. Councilmember Schuldt stated that he would like the draft ordinance to differentiate between the old and the new ordinance provisions. Mayor Tralle stated that, basically, the new provisions included 10:00 a.m. Sunday opening, new insurance requirements, and a provision on lewd and indecent conduct. COUNCILMEMBER KROPUENSKE MOVED TO TABLE THIS ITEM UNTIL THE JUNE 4, 1990, CITY COUNCIL MEETING. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.2. Resolution RellardinJt Pawnbroker License Fee Stephen Rohlf, Building and Zoning Administrator, stated that currently the fee for a pawnbroker's license is $50.00. Due to the excessive amount of Police time devoted to administering the license, Mr. Rohlf felt that $1,000 would be a more appropriate fee. Mayor Tralle stated that the Police Chief felt that $1,000 was at the low end of the spectrum. Mayor Tralle stated that he felt the City should match Champlin's fee which is $1,750. Councilmember Dobel agreed with the Mayor. e COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 90-20, INCREASING THE FEE FOR A PAWNBROKERS LICENSE TO $1,750. KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. A RESOLUTION COUNCILMEMBER 5.3. Pawnbroker's License-Jack Havrilak Janelle Szklarski, Zoning Assistant, stated that the applicant,Jack Havrilak, was requesting a Pawnbroker's license for his business located at 15724 Highway 10. The applicant had submitted the necessary application and a $50 fee. She stated that staff had conducted a background check. Dennis Peterson, Attorney for Mr. Havrilak, stated that the applicant works closely with the Anoka County Sheriff's Department as he has another pawnbroker's shop in East Bethel. Mr. Peterson stated that the applicant was willing to assist the Elk River Police Department in recovering stolen items. e Councilmember Schuldt questioned whether the previous resolution, which raised the pawnbroker license from $50.00 to $1,750.00, would require the applicant to submit an extra $1,700. Steve Rohlf, Building and Zoning Administrator, stated that the applicant would need to submit the remainder of the fee. City Administrator, Pat Klaers, stated that license fees for a pawnbroker is not pro-rated and that the license would expire on December 31, 1990. City Council Minutes May 21, 1990 Page .3 e COUNCILMEMBER DOBEL MOVED TO APPROVE THE PAWNBROKER LICENSE FOR JACK HAVRILAK. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 3-1. Councilmember Kropuenske was opposed. 5.4. Resolution Increasin~ Parkin~ fines Mayor Tralle stated that Elk River's parking fines were on the low end of the scale when compared to other communities. He also stated that the resolution in question would allow the City to double the fine if it was not paid within seven days. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE RESOLUTION 90-21, A RESOLUTION ESTABLISHING A FINE SCHEDULE FOR PARKING VIOLATIONS. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.1. Ordinance Amendment/Si~n Ordinance/Public Hearin~ Mayor Tralle stated that the Planning Commission would be continuing their review of the sign ordinance at their May 22, 1990, meeting. He then opened the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO CONTINUE THE PUBLIC HEARING UNTIL THE JUNE 18, 1990, CITY COUNCIL MEETING. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. ~ 6.2. Consideration of Ordinance Amendment/Interim Use/Public Hearin~ Mayor Tralle indicated that the Planning Commission would be acting on this item at their May 22, 1990, meeting. Mayor Tralle opened the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO CONTINUE THE PUBLIC HEARING UNTIL THE JUNE 18, 1990, MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.3. Conditional Use Permit/Contaminated Soil Treatment Facility by COJlteck and Elk River Landfill/Public Hearin~ Mayor Tralle stated that the Planning Commission had tabled this item until a response from the MPCA was received. Mayor Tralle opened the public hearing. COUNCILMEMBER DOBEL MOVED TO CONTINUE THE PUBLIC HEARING UNTIL THE JUNE 18, 1990, CITY COUNCIL MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.4. Moratorium of Adult Related Businesses/Public Hearin~ e Mayor Tralle stated that this moratorium ordinance (90-9) was approved on 4/30/90 and would be published and become effective on May 23, 1990. He stated that this item was brought to their attention due to the recent opening of an adult book store in Ramsey and the subsequent problems which arose from it. Mayor Tralle also stated that the Planning Commission would be reviewing this subject at their June City Council Minutes May 21, 1990 Page 4 e meeting and that the City Council would review it at their July 18, 1990, meeting. Mayor Tralle opened the public hearing. There being no one for or against this matter, Mayor Tralle closed the public hearing. He stated that no action would be required on this item tonight. 6.5. Renewal of Licenses and Conditional Use Permits for NSP and UPA Steve Rohlf, Building and Zoning Administrator, stated th.t the draft condi tional use permits and licenses for NSP and UPA were recently received by the City. Peter Beck, City Attorney, distributed the draft copies to the Councilmembers. Mayor Tralle opened the public hearing. Mr. Beck explained that he would be reviewing NSP's conditional use permit first, followed by their license. Councilmember Holmgren arrived at this time. e Mr. Beck outlined the conditional use permit. Councilmember Kropuenske stated that he felt a study on traffic and noise as a result of the RDF Plant should be undertaken. Mayor Tralle stated that he is concerned wi th the number of trucks on the road in this vicinity during rush hours. Mr. Beck stated that the RDF trucks are currently restricted from operating between the hours of 4:00 to 6:30 p.m. Mayor Tralle also stated that this restriction should be more heavily enforced and that he was very concerned over truck activity into the plant, off of Highway 10, during traffic rush hours. Mr. Beck went on to discuss the litter control issue. Mayor Tralle questioned whether the trucks are covered. Mr. Beck stated that trucks are covered on their way into the RDF Plant, but that it is difficult to cover an empty truck exiting the RDF Plant. Councilmember Schuldt questioned the reasoning behind having the RDF Plant reimburse the City for the purchase of a platform truck for the Fire Station. Mayor Tralle stated that because of the RDF Plant, a larger truck was purchased. Councilmember Kropuenske stated that the traffic caused by the RDF Plant has also increased the police time needed. Mayor Tralle stated that he would like to have staff look into the possibility of having City Inspectors on site full time to inspect the trucks at the RDF Plant. Mr. Beck now turned the discussion to the RDF license. e Mayor Tralle questioned whether the haulers remained on the premises while the loads were inspected. Mr. Beck stated that the City could observe an inspection at the RDF Plant. Mayor Tralle stated that the fees for such inspections should be charged back to the RDF Plant. Mr. Beck indicated that the RDF Plant should advertise its public drop-off facil ity and cooperate with the City in its recycling efforts. City Council Minutes May 21, 1990 Page 5 e Pete Jones of NSP stated that they were in the process of reviewing the draft forms of the license and the conditional use permit and that their comments would be available at a later date. Steve Rohlf, Building and Zoning Administrator, stated that fugitive dust and storm water run off need to be addressed in the license. Mr. Beck then introduced the conditional use permit for UPA. Mr. Beck stated that in regards to odor at UPA, it was agreed that the doors would remain closed at all times, except when trucks were entering or leaving the plant. If this did not decrease odor, UPA would need to deodorize. Mr. Beck stated that the noise problem was minimal but t.hat UPA had agreed to address it. In respect to the fire fighting area for hot loads, Mr. Beck stated that in the event of a fire, City staff would be called to inspect and determine whether a diked area was needed. Discussion then turned to the UPA license. Steve Shurts of UPA stated that they are still in the process of reviewing UPA's license and conditional use permit and will respond with comments after further review. e Mr. Rohlf stated that UPA has been very cooperative in reporting carbon monoxide exceedences to the City. He also stated that the exceedences may be due to bugs in the system, and that UPA has been working very hard to iron these bugs out. Pat Klaers, City Administrator, stated that Liesch Associates, the Environmental Consultants for the City, would be conducting noise testing around the NSP plant at the Truman Moyer home, for a period of two weeks to one month. Mr. Beck indicated that he would incorporate tonight's discussion into the draft licenses and permits, and these would be available by June 4, 1990. COUNCILMEMBER HOLMGREN MOVED TO EXTEND THE LICENSE AND CONDITIONAL USE PERMITS TO JULY 1, 1990. COUNCILMEMBER DOBEL SECONDED THE MOTION. Mr. Klaers stated that perhaps the license should be extended to July 3, 1990, as the Council may not be acting on this item until their July 2, 1990, meeting. COUNCILMEMBER HOLMGREN AMENDED HIS MOTION SO THAT THE CONDITIONAL USE PERMIT AND LICENSE FOR NSP AND UPA WOULD BE EXTENDED TO JULY 3, 1990. COUNCILMEMBER DOBEL ACCEPTED THE AMENDMENT TO THE MOTION. THE AMENDMENT CARRIED 5-0. e City Council Minutes May 21, 1990 Page 6 e 6.6. Easement Vacation by WoodwriJ{ht Homes/Public HearinJ{ Mayor Tralle opened the public hearing. Steve Rohlf stated that the applicant was not at this meeting. Mr. Rohlf then entered into the record a memo from Terry Maurer, City Engineer, which addressed this item. Mr. Rohlf stated that the easement to be vacated was on an island of high ground, and that this area would be considered a suitable building site of one contiguous acre. Mayor Tralle closed the public hearing. Council member Schuldt questioned whether the culvert which was recommended by Mr. Maurer should be added as a stipulation of approval. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 90-22, A RESOLUTION FOR VACATING A PORTION OF A DRAINAGE AND UTILITY EASEMENT, WITH THE STIPULATION THAT A CULVERT OF AT LEAST 15 INCHES IN DIAMETER BE PLACED UNDER THE DRIVEWAY AS PER THE CITY ENGINEER'S RECOMMENDATION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Conditional Use Permit for Marketech/Public Hearin~/CU-90-009 e Mayor Tralle informed the Council that Mr. Richard Duggan of Marketech, 11061 173rd Avenue, is requesting a conditional use permit to allow light manufacturing a C3-Highway Commercial zone. The applicant is proposing to use this site to assemble test fixtures which will be used to test printed cireui t boards. The proposed use will also involve light repair of printed circuit boards. Al Nadeau, Planning Commission representative, indicated that the Planning Commission unanimously recommended approval of the request with three stipulations. Mayor Tralle opened the public hearing. Richard Duggan of Marketech came forward and demonstrated to the Council what kind of work would be done on the printed circuit boards. He also stated that stipulation It prohibited any soldering on the si te. He stated that in order to repair the printed circuit . board light soldering would be needed at times. The Council and staff agreed that this would not violate stipulation #1. Mayor Tralle closed the public hearing. Councilmember Kropuenske stated that he would be abstaining from the vote, as he has done business with the applicant regarding this request and he felt that conflict of interest could be perceived. e COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY MARKETECH FOR LIGHT MANUFACTURING THE C3 ZONE WITH THE FOLLOWING STIPULATIONS: City Council Minutes May 21, 1990 Page 7 e 1. THAT NO METAL FINISHING, PRINTED CIRCUIT BOARD ASSEMBLY, DEGREASING, OR ANY WET CHEMICAL BATH OPERATIONS SHALL BE CONDUCTED ON THIS SITE. 2. A TWO.YEAR REVIEW OF THIS CONDITIONAL USE PERMIT IS REQUIRED. 3. NO OUTSIDE STORAGE IS ALLOWED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Kropuenske abstained. 6.8. Conditional Use Permit by Larry Rohlf/Public Hearin~/CU-90-007 At this time Steve Rohlf, Building and Zoning Administrator, left the table, as the applicant is his brother. Mayor Tralle informed the Council that Mr. Larry Rohlf is proposing to bui ld three mini storage structures on Lot 2, Block 1, Ridgewood East 2nd Addition. Because this property is within the R3 zoning district, a conditional use permit is required. Janelle Szklarski, Zoning Assistant, reviewed the applicant's request and at this time entered into the record a memo from Terry Maurer, City Engineer, regarding the drainage a traffic flow on this property. e Arlon Fuchs, Planning Commission representative, stated that the Planning Commission unanimously recommended approval of this request with 14 stipulations. Ms. Szklarski stated that staff is recommending three additional stipulations be added including the comments as outlined in Terry Maurer's memo. Mayor Tralle opened the public hearing. James Rossman of 19702 Irving Street NW came forward at this time to state that he was in opposition to this request. He stated that he had submitted a letter to the City Council outlining his concerns. The Councilmembers indicated that they have received a copy of his letter. Mr. Rossman went on to state that the property owners in the vicinity felt defeated in trying to oppose this request. Mr. Rossman stated that he felt Mr. Rohlf had not met the stipulations which were attached to his conditional use permit for the existing mini storage on Lot 3. He distributed pictures of the property as he summarized his concerns. Mr. Rossman stated that he felt the existing mini storage was approved for 32 units, but that the mini storage actually has 38 units. Mayor Tralle responded that the conditional use permit did not stipulate the number of units in the mini storage. He stated that staff had approved the additional units as it did not increase the square footage of the building. e City Council Minutes May 21, 1990 Page 8 -- Mr. Rossman then questioned whether the drainage easement was actually recorded for Lot 2. Ms. Szklarski responded that the easement agreement was not recorded through an oversight by staff, but that the document had been prepared with the additional 15 feet as recommended by the City Engineer and was ready to be recorded. Mr. Rossman then st~ted that the grass and trees have not been planted on the property. Mayor Tralle asked staff how much time the applicant had to comply with these stipulations. Ms. Szklarski stated that the Ci ty Code provided that applicants have two years to comply with the stipulations attached to a conditional use permit, and that Mr. Rohlf still had one year remaining. Mayor Tralle also informed Mr. Rossman that the mini storage was constructed last fall and that the plantings could not be put in at that time. Mr. Rossman then stated that he felt the property was not well maintained and referred to the photographs which he had submitted to the City Council. Councilmember Dobel asked Mr. Rossman if he had obtained permission from the property owner to enter his property to take these pictures. Mr. Rossman responded that he had not. e Mayor Tralle stated that he took offense to Mr. Rossman's written statement that the City Council was not listening to the property owners. Mayor Tralle stated that nobody attended the first City Council meeting concerning this item. He questioned how the City Council could be expected to know the public reaction to this request without their input at the meetings. Mr. Rossman stated that he felt that the existing mini storage in this area had considerably lowered his property value and that he had a difficult time selling his duplex. Mayor Tralle stated that the market for duplexes is low at this time, and that it should not be blamed on the mini storage. Councilmember Kropuenske stated that prior to the mini storage going into this area, he had discussion with a duplex owner who had tried unsuccessfully to sell his duplex for nearly four years. He concurred with the Mayor that the market for duplexes is low allover. At this time, a letter from Richard and Mary Jo Swanson was entered into the record. The Swansons were also in opposition to the mini storage request. Kathleen Heaney, 548 Auburn Place, stated that she too was in opposi tion to the mInI storage going into a residential neighborhood. She stated that she was concerned with traffic generated by the new mini storages. The applicant, Larry Rohlf, stated that if the lot were to be developed with apartments instead of the mini storage, it would generate more traffic. Mayor Tralle closed the public hearing. e City Council Minutes May 21, 1990 Page 9 e Councilmember Schuldt stated that he had discussions with the Swanson's and with Mr. Coyne of 19208 Lowell Street NW who were in opposition to this request. He stated that he has seen a number of homes and duplexes for sale or rent in this area, and that .t~ey seem to be moving quite slowly. Councilmember Schuldt stated that he was strongly opposed to this request, as he felt that it would have an adverse effect on the neighborhood. Mayor Tralle reemphasized that the market for twin homes was low all over and that the City cannot protect homes from what is happening in the market. Councilmember Dobel stated that he thought the exterior of the existing mini storage is very nice and that the appearance alone would not affect neighboring property in a negative way. Mr. Rossman stated that a privacy fence in the rear of the property would help aesthetically. Councilmember Holmgren stated that he misunderstood the previous request for a mini storage on Lot 3, as he felt that there would be 32 t,lni ts in the mini storage and that one additional building, not three, would be requested at a later time. Councilmember Holmgren indicated that he was in opposition to this request. e COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE CONDITIONAL USE PERMIT BY LARRY ROHLF FOR MINI STORAGE STRUCTURES ON LOT 2, BLOCK 1,RIDGEWooD EAST SECOND ADDITION WITH THE FOLLOWING STIPULATIONS: 1. LIGHTING SHALL BE INSTALLED ON EACH OF THE STORAGE BUILDINGS WITH NO GLARE SPILLOVER TO ADJOINING PROPERTIES. 2. REDUCED SECURITY LIGHTING AFTER HOURS OF OPERATION SHALL ALSO ALLOW NO GLARE SPILLOVER TO ADJOINING PROPERTIES. 3. BUILDING MATERIALS SHALL BE SUBDUED COLORS COMPATIBLE. WITH THE ENVIRONMENT AND ARCHITECTURALLY HARMONIOUS WITH THE NEIGHBORHOOD AND THE EXISTING STRUCTURE. 4. THE DESIGN AND FINISH OF THE BUILDING SHALL BE RESIDENTIAL IN NATURE AND COMPATIBLE WITH THE NEIGHBORHOOD. 5. THE BUILDING SHALL HAVE A SHINGLED ROOF. 6. A SPEED LIMIT OF FIVE MPH SHALL BE POSTED ON LOT 2. 7. THE DRIVEWAY ON LOT 2 SHALL ACCOMMODATE ONE-WAY TRAFFIC ONLY AND A CROSS EASEMENT WITH LOT 3 SHALL BE RECORDED FOR THE JOINT USE OF THE DRIVEWAY ON LOT 3. A COPY OF THIS RECORDED EASEMENT SHALL BE GIVEN TO THE CITY. 8. DRIVEWAY AND PARKING STALLS SHALL BE HARD SURFACED WITH ASPHALT OR CONCRETE. e 9. AREAS NOT PAVED OR BUILT UPON SHALL BE SEEDED IN GRASS. City Council Minutes May 21, 1990 e 10. ll. 12. 13. 14. e 6.9 - Page 10 NINE TREES SHALL BE PLANTED ON LOT 2, TYPES AND LOCATIONS ASPER DESCRIPTION ON SITE PLAN. BUILDING AND GROUNDS SHALL BE KEPT WELL MAINTAINED, CLEAN AND FREE OF DEBRIS. SIGNAGE SHALL NOT EXCEED A MAXIMUM OF EIGHT SQUARE FEET. THE HOLDING POND ON LOT 2 SHOULD BE SLIGHTLY ENLARGED AS PER THE SPECIFICATIONS OF THE CITY ENGINEER. A TWO YEAR REVIEW OF THE CONDITIONAL USE PERMIT IS REQUIRED. 15. THAT "EXIT ONLY" AND "ENTER ONLY" SIGNS BE PLACED AT THE CURB CUTS. 16. THE APPLICANT SHALL PROVIDE AN EASEMENT ACROSS LOT 3 TO CONNECT THE HOLDING PONDS ON LOT 2 AND LOT 4. A COPY OF THE EASEMENT SHALL BE GIVEN TO THE CITY. 17. A 65 FOOT EASEMENT ON THE NORTH END OF LOT 2 SHALL BE RECORDED FOR DRAINAGE PURPOSES. A COPY OF THE RECORDED EASEMENT SHALL BE GIVEN TO THE CITY. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmembers Schuldt and Holmgren in opposition. Administrative Subdivision by Frances Vassar/Public Hearin~ Steve Rohlf, Building and Zoning Administrator, stated that this request would involve subdividing one parcel into three. The property is located at the corner of 5th Street and Upland and abuts Lake Orono. The proposed lots exceed both City and DNR requirements regarding lot size. Lot A abuts a public road, however, the other two lots would need to be accessed by the existing private road. Mayor Tralle opened the public hearing. Councilmember Schuldt questioned whether a subdivision on a private road was permissible. Mr. Rohlf answered that the City had approved the use of this private road to access the western two parcels on July 14, 1989, because of special conditions with the parcel involved. The private road would not require maintenance by the City. Mayor Tralle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY FRANCES VASSAR WITH THE FOLLOWING STIPULATIONS: 1. THAT APPROPRIATE EASEMENTS ARE RECORDED WITH THE RECORDING OF THE PARCELS TO ASSURE ACCESS TO PARCEL C AND B. FURTHER, THAT THIS ROAD IS IMPROVED TO A 7 TON DESIGN TO ASSURE ACCESS BY EMERGENCY VEHICLES. City Council Minutes May 21, 1990 Page 11 tit 2. THAT THE PETITIONERS RESPONSIBLE FOR SEWER AND WATER LINES TO SERVE ALL THREE PARCELS AND THAT THOSE SEWER ANDWATER STUB-INS ARE ACCOMPLISHED PRIOR TO THE RECORDING OF THESE LOTS. FURTHER, THAT THOSE SEWER AND WATER LINES ARE CONTAINED IN AN EASEMENT. LASTLY, THAT FINAL APPROVAL OF THE DESIGN FOR THE SEWER AND WATER LINES AND INSPECTION IS AS PER CITY ENGINEER, TERRY MAURER. 3. THAT $700 IN PARK DEDICATION FEE IS PAID FOR THE TWO NEWLY CREATED LOTS WITH THIS LOT SPLIT. 4. THAT THE PETITIONER PROVIDE THREE NEW LEGAL DESCRIPTIONS FOR THE PROPERTY AND A DESCRIPTION OF THE EASEMENT TO THE CITY FOR RECORDING. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5..0. 6.10 Conditional Use Permit Reauest by Commercial ASDhalt ComDany/Public Hearin~/CU-90-008 tit Mayor Tralle explained to the Council that Commercial Asphalt Company (Barton Sand and Gravel) was requesting a conditional use permit to operate a temporary asphalt plant at their gravel pit. In 1988. a conditional use permi t was issued to allow a temporary asphalt plant, however, since that time the property was rezoned to R1-a/Single Family Residential. He stated that the gravel pit is therefore a legal, nonconforming use within this district. Arlon Fuchs, Planning Commission representative, stated that the Planning Commission had reviewed this request and had unanimously recommended approval with sixteen stipulations. Mayor Tralle opened the public hearing. Al Pfeifle, 20481 Auburn Street N.W.. came forward and stated that when the temporary asphalt plant was originally put in two years ago, Barton's received input from the neighboring property owners regarding the location of the plant and had agreed to place it at a certain location. He stated that the plant has since been moved to another location which was not agreed upon by Barton and the neighbors. Dick Peterson of Barton Sand and Gravel stated that the plant had been moved up the hill in order to solve two problems; air emission and water problems. He stated that he felt that the plant was still within the constraints of the originally approved conditional use permit. Mr. Peterson estimated that the plant had been moved approximately 250 feet to the northeast. - Steve Rohlf ,Building and Zoning Administrator, encouraged Mr. Pfeifle to contact staff if any problems concerning odor resulted. Mayor Tralle questioned what weather conditions would result in increased odor. Dick Peterson explained that the recycling of asphalt creates odor and that on rainy days the aggregate and the recycled asphalt are wetter, therefore, creating a ste8.JllY environment in the drum drier. He also explained that during an inversion the fumes are not dispersed, City Council Minutes May 21, 1990 Page 12 e therefore, the odors may be stronger, however, a higher stack may solve this problem. Councilmember Kropuenske questioned stipulation #13 which allowed the plant to operate seven days a week. He stated that he was concerned with summer traffic on Highway 169 and that a 7:00 a.m. to 2:00 a.m. time limit should be put on the temporary asphalt plant for Sundays. Dick Peterson explained that the Highway Department dictates when the roads will be worked on. He stated that the commuters wants the construction work to be done on weekends and nights, therefore, the plant must be able to operate during those times. Councilmember Kropuenske stated that he would then like to see an acceleration lane south on Highway 169 off of County Road 33. He stated that there has been a continual traffic problem in that area. Pat Klaers, Ci ty Administrator, stated that perhaps the Commercial Asphalt Company may be asked to contribute to the cost of constructing the acceleration lane. Mayor Tralle stated that this should be addressed as an addi tional stipulation. Dick Peterson questioned how the City would equitably divide the cost of the acceleration lane. He would like to see other gravel companies equally share the cost. Mayor Tralle closed the public hearing. e COUNCILMEMBER DOBEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR COMMERCIAL ASPHALT COMPANY TO OPERATE A TEMPORARY ASPHALT PLANT WITH THE FOLLOWING STIPULATIONS: 1. THAT A MAXIMUM OF 30% RECYCLED ASPHALT CAN BE USED IN THE OPERATION IN ORDER TO CONTROL ODOR. IF WEATHER CONDITIONS MAKE ODOR TOO NOTICEABLE, BARTON'S MUST REDUCE THE PERCENTAGE OF RECYCLED ASPHALT IN THEIR OPERATION TEMPORARILY UNTIL ATMOSPHERIC CONDITIONS ALLOW THE 30% LEVEL TO CONTINUE. 2. THAT LEAD CONCENTRATION AND FUE.L OIL COMPLY WITH CURRENT MPCA REGULATIONS OR BE MORE THAN 4,000 MGIKG, WHICHEVER IS LESS. FURTHER THAT AN ANALYSIS OF LEAD CONCENTRATION IN THE FUEL BE PROVIDED AS PER MPCA. 3. THAT A MAXIMUM OF 20% OPACITY IS ALLOWED FOR EMISSIONS FROM THE STACK. 4. THAT PARTICULATE EMISSIONS BE LIMITED TO A MAXIMUM OF .04 GR/DSCF. 5. THAT ALL CORRESPONDENCE BETWEEN BARTON'S AND MPCA, INCLUDING TEST RESULTS BE COPIED TO THE CITY. 6. THAT BARTON BE ALLOWED TO USE BAG HOUSE FINES IN THEIR ASPHALT MIX AND THAT THE FINES MUST BE KEPT IN AN ENCLOSURE TO AVOID WIND BLOWN LEAD CONTAMINATION. e 7. THAT THE NATURAL VEGETATION BETWEEN THE PROPOSED ASPHALT PLANT AND HIGHWAY 169 BE LEFT TO ACT AS SCREENING. FURTHER, THAT ADDITIONAL PINES ARE PLANTED TO FURTHER SCREEN THIS AREA. City Council Minutes May 21, 1990 e 13. 14. 15. e 16. 17. Page 13 8. THAT DURING DRY PERIODS, THE SITE MUST BE WATERED TO AVOID DUST. 9. THAT THE STREET LIGHT ADJACENT TO THE PLANT BE KEPT IN RUNNING ORDER. 10. THAT BARTON REIMBURSE THE CITY FOR THE COST OF REVIEWING THEIR PROPOSAL. 11. THAT THE CITY'S APPROVAL IS CONTINGENT UPON MPCA GRANTING A PERMIT AND THAT TEST RESULTS ARE ACCOMPLISHED BY JULY 1, 1990, AND THAT BARTON BE FOUND IN COMPLIANCE WITH PREVIOUS SET STANDARDS. 12. THAT THE CITY HAS THE RIGHT TO CLOSE THIS OPERATION DOWN IF THERE IS AN EMINENT DANGER AND THAT THE CITY STAFF HAS THE RIGHT TO INSPECT THE PREMISES AT REASONABLE HOURS FOLLOWING NOTIFICATION. THAT THE HOURS OF OPERATION FOR THE PLANT ARE FROM 7:00 A.M. TO 7:00 P.M. SEVEN DAYS A WEEK. THAT THE BAG HOUSE FILTER IS TESTED ONCE PER MONTH FOR LEAKS AND THE RESULTS OF THOSE TESTS ARE COPIED TO THE CITY. THAT THE CONDITIONAL USE PERMIT BE REVIEWED IN TWO YEARS AND A NEW PERMIT BE OBTAINED AT THAT TIME. THAT STAFF . WORK TOGETHER WITH THE PETITIONER TO RESOLVE THE RUN OFF PROBLEM. IF, AND AS NECESSARY, THE APPLICANT SHALL CONTRIBUTE TO THE EXPENSE OF AN ACCELERATION LANE ON SOUTHBOUND HIGHWAY 169. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.11 Final Plat of Auburn Commons by R.E.P. Ltd. '11* e COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE FINAL PLAT OF AUBURN COMMONS WITH THE FOLLOWING STIPULATIONS: 1. THAT THE DEVELOPER IS RESPONSIBLE FOR THE REPAIR OF AUBURN PLACE NECESSITATED BY THE CUTS NEEDED TO SERVE THIS PLAT WITH CITY SEWER AND WATER. THIS RESTORATION MAY CONSIST OF PATCHING AND SEALCOATING AUBURN PLACE OR RECONSTRUCTION, WHICHEVER IS DEEMED MORE APPROPRIATE BY TERRY MAURER, CITY ENGINEER. 2. THAT THE FINAL APPROVAL OF GRADING, DRAINAGE, SEWER AND WATER, IS BY TERRY MAURER. 3. THE DEVELOPER IS RESPONSIBLE FOR LOT GRADING WITHIN THE PLAT AND SEWER AND WATER LINES TO SERVICE THE LOTS. FURTHER, THAT ALL SITE WORK, SEWER AND WATER LINES, GRADING AND STREET RESTORATION IS COMPLETED TO THE SATISFACTION OF THE CITY ENGINEER PRIOR TO BUILDING PERMIT ISSUANCE. A ONE YEAR COMPLETION DATE FOR THIS WORK FROM THE DATE OF FINAL PLAT APPROVAL SHOULD ALSO BE REQUIRED. City Council Minutes May 21, 1990 Page 14 e 4. THAT LOT 2 GIVES AN EASEMENT TO LOT 1, LOT 3 GIVES AN EASEMENT TO LOT 4, AND LOT 7 GIVES AN EASEMENT TO LOT 5 TO ACCOMPLISH SEWER AND WATER ACCESS FOR THE PLAT. 5. THAT THE DEVELOPER PROVIDE AS-BUILTS OF THE WATER AND SEWER LINES TO THE CITY. 6. THAT THE DRAINAGE AND UTILITY EASEMENT ON THE WEST SIDE OF THE PLAT AND ALONG THE NORTH SIDE OF LOT 1 BE MADE A MINIMUM OF 10 FEET WIDE. THIS WOULD ALLOW FOR WORKABLE EASEMENTS IN CASE THE PROPERTIES TO THE NORTH OR WEST ARE NOT FURTHER DIVIDED. 7. THAT HAVING TWO LOTS ON AN INTERSECTION OF AUBURN PLACE AND 5TH STREET I S NOT PREFERRED, BUT I F APPROVED, LOT 7 MUST HAVE ITS DRIVEWAY ON AUBURN PLACE AS FAR iNORTH AS PRACTICAL. LOT 6 MUST HAVE ITS DRIVEWAY ON 5TH STREET AS FAR TO THE WEST AS PRACTICAL. 8. THAT FINANCIAL ASSURANCE IS PROVIDED BY THE DEVELOPER FOR THE RESTORATION OF AUBURN PLACE IN AN AMOUNT ESTIMATED BY TERRY MAURER TO BE $2,000. 9. THAT THE DEVELOPER IS RESPONSIBLE FOR BOULEVARD RESTORATION AND RESEEDING. e 10. THAT $2,100 PARK DEDICATION IS PAID PRIOR TO FINAL PLAT REVIEW FOR THE SIX ADDITIONAL BUILDING SITES CREATED. 11. THAT NO BUILDING PERMITS ARE ISSUED UNTIL ALL STIPULATIONS ON THE APPROVAL OF THIS PLAT ARE SATISFIED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-l. Councilmember Schuldt ~as opposed. 6.12 Extension Deadline for the Comoletion of Sandoioer Estates Imorovements e Steve Rohlf, Building and Zoning Administrator, explained to the Council that the one year completion date for improvements to Sandpiper Estates has expired and the developer is requesting that this date be extended, as should the Letter of Credit. CouncilmemberSchuldt questioned what improvements were left in the plat. Mr. Rohlf stated that the roads were not up to standards yet. He also stated that an over lay was submitted for when sewer and water was extended to this area. Mayor Tralle questioned how the potential property owners of these lots will be notified about possible sewer and water extension. Mr. Rohlf explained that as building permits are pulled,appIicants will receive a handout with the overlay explaining the possible extension of sewer and water services. Pat Klaers, City Administrator, stated that he would like to enter into the record that this property is not a part of the 345 homes which were excluded from the trunk assessments. He stated that the lots within Sandpiper Estates will be assessed for trunk utility extensions. Peter Beck, City Attorney, indicated that the State Statutes provide that controls on a plat cannot be changed until two years have elapsed after the final plat e e e City Council Minutes May 21, 1990 Page 15 approval. He stated Sandpiper Estates received final plat approval in 1987. Mayor Tralle questioned whether the conditions of the plat should be changed to add sealcoating, street lighting, and concrete curb and gutter as stipulations of the plat. He indicated that these requirements are not included with new plats. COUNCILMEMBER KROPUENSKE MOVED TO TABLE DISCUSSION ON CONSIDERING AN EXTENSION DEADLINE FOR THE COMPLETION OF SANDPIPER ESTATES IMPROVEMENTS UNTIL THE JUNE 4, 1990, CITY COUNCIL MEETING. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Check Re~ister COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.1. Community Center Task Force Update Councilmember Holmgren explained that the group was considering hiring a local Architect, Doug Moe, to direct them on how to plan for the proposed Community Center. He explained that this would involve an approximate $250 fee. The Architect would be used to provide input prior to hiring a facilitator for the Community Center project. 9. . City Administrator Update Pat Klaers, City Administrator, resumed discussion regarding the Trail Grant and Aid program. He stated that he did not feel the Park and Recreation Commission would support such a program. Mayor Tralle indicated that he would like the Park and Recreation Commission to look at the proposal and give a recommendation to the Council. At this time, Mr. Klaers entered into the record a letter from Janet Cardinal of 19127 Tyler Street NW, dated May 10, 1990, regarding assessments for road improvements on Tyler Street. Also entered into the record was the City's draft response to Ms. Cardinal and a notice of the assessment hearing. Mr. Klaers also indicated that he had received a request from .the Fire Department to purchase. a radio for the new fire truck at a cost of $1,200, and to replace the existing four inch hose with a five inch hose at a cost of $2,900. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE EXPENDITURES FOR THE FIRE DEPARTMENT TO BE PAID FOR OUT OF THE TRUCK BOND FUND. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. e e e City Council Minutes May 21, 1990 Page 16 10. Adjournment There being no further business, COUNCILMEMBER SCHULDT MOVED TO ADJOURN THE MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 10:30 p.m. Respectfully submitted, ~~ Janelle Szklarski Zoning Assistant