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06-25-1990 CC MIN - e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER COMMUNITY EDUCATION BUILDING MONDAY, JUNE 25, 1990 Members Present: Mayor TraIIe, Councilmembers Schuldt, Kropuenske, Dobel and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administratorj Steve Rohlf, Building and Zoning Administrator; Janelle Szklarski, Zoning Assistant; Peter Beck, City Attorney; Sandy Thackeray, City Clerk; Terry Maurer, City Engineer; Planning Commission Representatives Arlon Fuchs, Mary Eberley Rita Johnson, and Al Nadeau 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 6/25/90 City Council A~enda I tern 5, agenda. Sherburne County Historical Society, was withdrawn from the Item 6.5, Sign Ordinance Summary, was added to the agenda. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 6/25/90 AGENDA AS AMENDED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 6/18/90 City Council Minutes COUNCILMEMBER DOBEL MOVED TO APPROVE THE 6/18/90 CITY COUNCIL MINUTES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike No one appeared for this item. 6.1 UPA Solid Waste License and Conditional Use Permit Renewal Steve Rohlf, Building and Zoning Administrator, indicated that NSP and UPA are requesting a temporary extension to their' conditional use permi ts and licenses which expire on July 2. He indicated that the staff met with NSP and UPA to review the licenses and conditional use permits. NSP and UPA have requested an extension to their licenses and conditional use permits until the October 1. He indicated that NSP and UPA will use the interim time period between now and October 1, to eliminate some of the problems and concerns. UPA Mr. Rahko Mr. Rahko representing UPA, addressed the Council. He indicated that it was their intention to address the concerns of the City during the interim period. Mr. Rahko indicated that the following were items which they would be working on during the interim period: e e e City Council Minutes June 25, 1990 Page 2 1. To keep the doors of the storage building closed, other than for entering and exiting, to eliminate odor. 2. To contain fires in a separate area and to contact the Building and Zoning Administrator when a hot load was delivered and dike the containment area if fire suppression water escapes. 3. Mr. Rahko indicated that they were not ready to deal with the fire and police protection issue at this time. 4. Mr. Rahko indicated that UPA has ordered a silencer and muffler to try to solve the noise problem. Peter Beck, City Attorney, suggested that the Council request UPA to submit a letter to the City staff and Council stating their intentions of how they will deal with these issues between nQw and October 1. He further suggested that the letter would be submitted to the Council for review to determine whether it is consistent with what Mr. Rahko discussed tonight. Mayor Tralle requested public comment regarding the UPA site. No one spoke for or against this matter. COUNCILMEMBER KROPUENSKE MOVED TO EXTEND THE CONDITIONAL USE PERMIT AND LICENSE FOR UPA UNTIL OCTOBER 1, CONTINGENT UPON THE RECEIPT OF A LETTER DETAILING THE ITEMS SPECIFIED BY UPA DEALING WITH THE INTERIM PERIOD. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2 NSP Mr. Glen Kaas, representing NSP, addressed the Council regarding the issues requested by staff for NSP to address: 1. Litter Control - Mr. Kaas indicated that NSP will be doing litter clean up once per week within the expanded boundaries. 2. Landscaping - Mr. Kaas indicated that there are some areas regarding the landscaping requests by staff in which they are in total agreement such as paving areas. He further indicated that there are other areas in which they are unsure as to what staff expects. Mr. Kaas stated that he will meet with Steve Rohlf regarding this issue and resolve it. 3. Mr. Kaas indicated that they will run a quarterly ad reg~rding public drop off sites. 4. Mr. Kaas indicated that they have and will continue to maintain a fire break on the tipping floor. 5. The noise issue is still under study by the City. Mr. Kaas indicated that NSP is also working to reduce the noise levels. City Council Minutes June 25, 1990 Page 3 e 6. Run-off water testing - Mr. Kaas indicated that NSP has agreed to work on this area and further that they will monitor the run-off water as per staff's recommendation. 7. Explosion inspection - Mr. Kaas indicated that NSP will continue to have inspections one day per week. He indicated that since the inspections have started they have seen a decrease in the explosions. 8. Traffic Control - Controller to check trucks as they leave the plant for leaky loads. Steve Rohlf I Building and Zoning Administrator, indicated that NSP is requesting to haul rejects on Sunday between 9:00 a.m. and 2:00 p.m. He suggested that the City allow NSP to do this during the interim period to determine whether or not it would cause a. problem. e Peter Beck, City Attorney, indicated that another area which NSP must look at is the intersection improvementsj mainly the acceleration and deceleration lanes on Highway 10. Mr. Beck indicated that the City is requiring that NSP pay for the improvements at the intersection. Mr. Beck further indicated that the reason for putting the three week time period on a response to this request is to coordinate it with reconstruction period with a road construction project by MnDOT, therefore, saving cost to NSP. Mayor Tralle pointed out that this is very important as it is a safety issue. Councilmember Holmgren informed Mr. Kaas that he has had several complaints regarding garbage trucks running the curb on Highway 10 and Main Street. He requested NSP to address the drivers regarding this matter. Mayor Tralle requested the City Administrator to investigate the definite cost figures for full time City inspectors at the RDF facility, 24 hours per day. He indicated that he would like a job description drawn up and data on salary, overhead, and fringe benefit costs. COUNCILMEMBER DOBEL MOVED TO EXTEND THE CONDITIONAL USE PERMIT AND LICENSE FOR NSP UNTIL OCTOBER 1, CONTINGENT UPON THE RECEIPT OF THE LETTER DETAILING THE ITEMS SPECIFIED BY NSP DEALING WITH THE INTERIM PERIOD AND CONTINGENT UPON APPROVAL BY STAFF REGARDING THE LANDSCAPING PLAN REVISIONS AND RUNOFF WATER TESTINGj AND FURTHER THAT EXTENSION OF THE PERMIT WILL ALLOW HAULING OF REJECTS ON SUNDAY FROM 9:00 a.m. 2:00 p.rn AND FURTHER THAT NSP SEND A LETTER TO THE COUNCIL CONFIRMING THEIR COMMITMENT TO PAY FOR THE IMPROVEMENT OF THE ACCELERATION AND DECELERA T I ON LANES. COUNC I LMEMBER SCHULDT SECONDED THE MOT I ON . THE MOTION CARRIED 5-0. e City Council Minutes June 25, 1990 Page 4 e 6.3 Plannin~ Study Presentation by BRW Mr. Bill Weber of BRW, stated that he had met with the Planning Commission and reviewed the four focus area studies. He indicated that the Planning Commission has made a recommendation on these studies Mr. Weber presented the focus area studies to the Council which included areas A, B, C and D, presented in the preliminary draft of the focus area studies dated May 29, 1990. Area A Mr. Weber stated that Area A is located in the southwestern portion of the City. Mr. Weber indicated that it is estimated that approximately 45 to 55 acres of sewered and watered residential lots CQuld occur in Area A each year for the next 10 years assuming that sewer and water is extended to the western area of the City. Mr. Weber discussed the existing lot sizes in relation to the lot size requirements for sewer and watered lots. Mr. Weber recommended that the City design a new zoning district to accommodate single family housing transition from one acre lots to smaller lots. e Mr. Weber discussed the existing parks and the need for more parks. He also discussed the need for an improved access to the Mississippi River. Mr. Weber stated that the Planning Commission concurred with the Growth Management Plan, and he also concurred with the Growth Management Plan, that Area A should be the location for the extension of sewer and water to open up residential areas in the City. Mayor Tralle requested public comments. Dave Ringmond of Riverview Heights commented on the lack of medium size park facilities for residential homeowners. Mr. Ringmond also commented on the County property located behind the courthouse. He questioned whether the City would have control over the appearance of a building if the County were to construct a County garage on the property. Mr. Al Sanudo of Riverview Drive questioned the direction of the sewer and water. He further indicated that he was pleased to see the proposed new lot sizes for land across from Riverview Drive. He indicated that he is speaking for 60 individual homeowners in the area regarding their concern. He indicated that they are concerned about very small lots which would produce starter homes. He indicated that this would lower the value of the existing homes. e Stewart Wilson of Troy Street stated that he would like to commend the Planning Commission and Mr. Weber on the Planning Study. City Council Minutes June 25, 1990 Page 5 e Area B Mr. Weber indicated that Area B is approximately 313 acres in size and located in the central portion of Elk River on either side of U.S. Highway 169. He further stated that the site is bounded by 197th Avenue on the north, Jackson Avenue on the west, School Street on the south and partially Dodge Avenue on the east. Mr. Weber indicated that the area is divided into three areas; B-1: between 193rd and 197th Avenue; B-2: south of 193rd and east of Highway 169; B-3: west of Highway 169. Mr. Weber stated that the study shows Area B-1 planning for larger lots with sewer and water in order to preserve the trees. He indicated that it is suggested that a new zoning district be approved for 3/4 acre sewered and watered lots in the B-1 area. Mr. Weber indicated that part of Area B-2 is planned for highway business. and part is planned for high density residential. He further indicated that Area B-3 is planned for medium density residential which allows sewered 1/3 acre lots and multiple family structures, and further that the southeastern 1/3 of B-3 is planned for highway business. e Mayor Tralle questioned the multi -family in Area B-3. He indicated that he felt it would be a burden on the area with the number of apartments and duplexes currently existing in that area. Planning Commission representative Arlon Fuchs indicated that multi-family in this area would be fourplexes and sixplexes rather than apartment buildings. The City Administrator questioned how the multi-family and commercial development in that area would affect the intersection of Highway 169 and School Street. He questioned whether the intersection should be studied to determine how commercial zoning in the area would affect the intersection. He suggested that limitations could be put on commercial development in that vicinity if problem develop. The Council recessed at 8:53 and reconvened at 9:05. Area C Mr. Weber indicated that Area C is located in the southeastern portion of the City of Elk River and is bounded by Trunk Highway 169 on the west and County Road 12 on the north. Mr. Weber indicated that most of Area C is not within the Elk River planned urban service area according to the Growth Management Plan. He indicated that the Planning Commission has recommended that this area be considered for an extension to the sewer and water district in phase 2 or 3. The land use proposal calls for commercial land along Highway 169, retaining the wet land areas, and residential areas. e City Council Minutes June 25, 1990 Page 6 e Area D Area D runs between the Mississippi River and the Burlington Northern railroad tracks from Highway 169 to the southeastern City limits. Mr. Weber indicated that the Planning Commission has suggested that an effort be made to keep agricultural land open between major commercial and industrial areas in order to retain the image of a location where "City and Country flow together." Mr. Weber indicated that the Area D land use proposal is consistent with the Growth Management Plan. Mr. Weber indicated that sanitary sewer could be brought to Area D but this should not take place in the immediate future. He indicated that there are several reasons for this recommendation as listed in the focus area study preliminary draft on Page 104. Mr. Weber concluded his presentation. COUNCI LMEMBER KROPUENSKE MOVED TO ADOPT BRW' S TEXT AS PRESENTED FOR AREAS A, B, C AND D, INCLUDING THE MAPS AS PRESENTED BY BRW. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Mayor Tralle thanked Mr. Weber and the Planning Commission for their help in preparing the focus area studies. e Councilmember Schuldt stated that he had a concern regarding the utilities being recommended for Area A and also questioned the rate of development in Area A without sewer and water. Bill Weber indicated that the pace of development would be slower without utilities in Area A. Councilmember Schuldt indicated that he disagreed that the utili ties should be brought into Area A first. He indicated that he has heard a lot of concern regarding Area D. He indicated that there is a lot of industrial land in Area D which will not develop without City sewer and water extension to that area. He stated that there has been some interest expressed about sewer going to Area D. Councilmember Schuldt expressed his concern regarding the type of development that will take place along Area D without the extension of utilities. He indicated that the development along Area D would remain pretty much the same as it is. He indicated that the development is a type of development that does not enhance the commercial development or appearance of the area. Councilmember Schuldt stated that the main development along that area will remain or continue to be used car lots. Councilmember Schuldt further indicated that he disagrees with Bill Weber in this matter. Councilmember Schuldt indicated that the same concerns and conditions expressed in the study for not extending water and sewer to Area D were not considered in Area A. Councilmember Schuldt indicated that it would be his desire to vote on the four areas separately so that he would not have to vote against the entire study. Mayor Tralle questioned whether the motion could be withdrawn so that Councilmember Schuldt could vote on the issues separately. This was not acceptable to the maker of the motion nor to the second. e City Council Minutes June 25, 1990 Page 7 e Councilmember Holmgren indicated that he felt it was an excellent effort to come up with a workable plan. He further indicated that he does not fully agree with all of the assumptions in the plan, but does feel in the most part that the plan is a good plan. Councilmember Kropuenske indicated that this is the City's chance to be pro active and plan for the growth of the western area. Councilmember Kropuenske indicated that the east area will eventually change, but felt that this is an opportunity to create major changes to the western area of the City. Councilmember Schuldt indicated that no matter what the desire or need for City sewer and water to the east, it would not happen because it will be going west first with the adoption of this plan. Councilmember Kropuenske indicated that he felt t}le City must look at the overall needs of the City and take a stand on certain issues. Councilmember Holmgren indicated that he was surprised at the lack of significance of the intersection of Highway 101 and Highway 10. Mr. Weber indicated that there is no direct access to the Highway or the intersection. e Councilmember Dobel indicated that he would like to thank the staff and Bill Weber. He stated that he felt good about the plan and Area D, and further indicated that he felt Area A would develop very fast. THE MOTION CARRIED 4-1. Councilmember Schuldt voted against the motion. 6.4 Joint Plannin~ Commission/Council Discussion Mayor Tralle stated that due to the lack of a quorum with the Planning Commission, he felt it would be best to continue this matter at a future date. Rita Johnson, Planning Commission Representative distributed to the Council some information on applications for City Boards, Commissions and Committees. Ms. Johnson further requested the Council to consider a joint Planning Commission and City Council meeting at a future date with nothing else on the agenda other than the meeting. 6.5 Si~n Ordinance Summary COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE SUMMARY FOR THE SIGN ORDINANCE. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.1 Renewal of Liquor Licenses Sandy Thackeray, City Clerk, indicated that according to the City's e ordinance, prior to approval of liquor must be current in their property taxes. checked all establishments and found delinquent in its property taxes. licenses, all establishments She indicated that she had the Sunshine Depot to be City Council Minutes June 25, 1990 Page 8 e Rob VanValkenburg, owner of the Sunshine Depot, indicated that he is in the process of selling the Pizza Station. He stated that with the sale of the Pizza Station he would be paying the property taxes in full. The Council discussed the fact that Mr. VanValkenburg was not given much notice regarding the fact that his taxes had to be paid in order for his liquor license to be approved. Due to this fact, the Council considered extending the time limit for payment of taxes for 60 days. COUNCILMEMBER DOBEL MOVED TO APPROVE THE LIQUOR LICENSE FOR THE SUNSHINE DEPOT CONDITIONAL ON THE REAL ESTATE TAXES BEING PAID IN FULL BY SEPTEMBER I, 1990. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Kropuenske abstained as the First National Bank has financed the Sunshine Depot. e Mayor Tralle indicated that several concerns have been raised regarding the number of police calls and the type of police palls to Broadway Bar and Pizza. He indicated that the police department has provided information showing the number of calls to the liquor establishments in the City. Mayor Tralle indicated that the Broadway Bar and Pizza is the only establishment in the City which has had several calls relating to fights in the establishment. Mr. Rick Kurth, owner of Broadway Bar and Pizza, indicated that he is aware that fights have been a problem at his establishment. He stated that he has taken steps to try to control the fights at the establishment by hiring three bouncers instead of two. He indicated that he has also removed certain people from the bar and banned them from coming back. He stated that some of the problems are taking place outside of the bar and stated that there will be a bouncer working outside of the bar. Councilmember Holmgren suggested more lighting in the parking area and behind the building to prevent some of the problems. Mayor Tralle indicated that he has heard of other problems taking place at Broadway Bar and Pizza such as the serving of inebriated people and also the problem of drugs in the area. Mayor Tralle indicated that the Council must put Mr. Kurth on notice that there are serious problems at his establishment and if steps are not taken to correct the problems that the Council must consider taking action. Mayor Tralle suggested that Mr. Kurth meet with the City Attorney and the Chief of Police to draw up a formal document relating to procedures in which Mr. Kurth would expect to follow in order to eliminate the problems occurring at Broadway Bar and Pizza. e COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE LIQUOR LICENSE FOR BROADWAY BAR AND PIZZA CONTINGENT UPON THE CITY RECEIVING A LETTER FROM MR. KURTH REGARDING THE PROCEDURES HE EXPECTS TO TAKE TO ALLEVIATE THE FIGHTS, THE SERVING OF INEBRIATES AND DRUG USE AT BROADWAY BAR AND PIZZA AND FURTHER THAT THE CHIEF OF POLICE REPORT TO THE COUNCIL WITHIN 90 DAYS TO DETERMINE WHETHER MR. KURTH IS FOLLOWING THROUGH WITH THE RECOMMENDED PROCEDURES IN HIS LETTER. COUNCILMEMBER DOBEt SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes June 25, 1990 Page 9 e COUNCILMEMBER SCHULDT MOVED TO APPROVE THE REMAINING LIQUOR LICENSES LISTED IN THE MEMO DATED JUNE 21, 1990, FROM THE CITY CLERK. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE MECHANICAL AMUSEMENT DEVICE LICENSE FOR WAPITI PARK. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2 Temporary Liauor License for St. Andrew's COUNCILMEMBER DOBEL MOVED TO APPROVE A TEMPORARY ON SALE BEER LICENSE FOR ST. ANDREW'S CHURCH TO BE HELD ON AUGUST 19, 1990. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.3 Temporary Charitable Gamblin~ License/St. Andrew's Sandy Thackeray, City Clerk, indicated that St. Andrew's has made application for a temporary one day gambling license for the August 19, 1990, parish festival. The Council took no action to deny this request. 9. City Administrator Update e The City Administrator informed the Council that the City has made an offer to buy 68 acres of land from Mr. Morrison, located in the northeast quarter of the City conditional upon PCA approval. He informed the Council that land would be used for the purpose of spreading and treating sludge from the Wastewater Treatment Plant. Mr. Klaers indicated that the PCA did do an evaluation of the property and found that 8 of the approximately 35 acres of the eastern land is useable. He indicated that all of the approximately 25 acres to the west of the house is useable. Mr. Klaers indicated that the City is pursuing making an offer on the western 25 acres. Mr. Klaers indicated that he has heard concerns from several of the surrounding residents regarding their opposition to the dumping of the sludge on the property in that area. He indicated that PCA is planning an informational meeting to inform the residents of the procedure for dumping the sludge. It was the consensus of the City Council to consider looking for other available land for the City's use. The City Administrator indicated that the City has been looking for other land for close to a year. He indicated that the City would like to pursue the Morrison site and also pursue looking at other sites. The City Administrator distributed a letter of resignation from Dick Fursman, Economic Development Coordinator. The City Council accepted the resignation. e City Council Minutes June 25, 1990 Page 10 e The City Clerk indicated that the City has requested quotes from janitorial services for the cleaning of the administration building in City Hall. She indicated that out of five quotes, the lowest was from Lori Britz at $450 per month. It was the consensus of the Council to authorize the City Clerk to hire Lori Britz under the condition that she be insured. The City Administrator indicated that the Request for Proposal for prosecuting Attorneys has been prepared. He questioned whether the City Council would like to review the RFP. It was the consensus of the City Council to not review the RFP, but to authorize the City Administrator to run the ad in the Star News. The City Administrator informed the Council that they will be pursuing construction the MacGibbon sidewalk this summer. . The City Administrator indicated that the sewer bills are based on the water rates during the months of January, February and March. He indicated that John Plaisted, owner of the car wash, has requested that he be billed monthly, as January, February and March are his highest water usage months, which is opposite of most homes and businesses. The Council agreed to this monthly billing for the car wash. 10. Ad.iournment e There being no further business, COUNCILMEMBER SCHULDT MOVED TO ADJOURN THE MEETING. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 10:45 p.m. Respe~tfully submitted, sI~v. Sandy Thackeray City Clerk e