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10-29-1990 CC MIN e e - MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, OCTOBER 29, 1990 Members Present: Mayor Tralle, Councilmembers Holmgren, Dobel, Kropuenske and Schuldt Members Absent: None Staff Present: Pat Klaers, City Administrator; Peter Beck, City Attorney; Janelle Szklarski, Zoning Assistant; Steve Rohlf, Building and Zoning Administrator; Sandy Thackeray, City Clerk; Gary Schmitz, Recycling Coordinator Also Present: John Lichter, Environmental Consultant; Mike Sandusky, Recycling Task Force Chair; Robert Bischoff, Planning Commission Representative 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. 2. Consider 10/29/90 City Council A~enda Item 4.1, Garbage Ordinance Discussion, was added to the agenda. COUNCILMEMBER DOBEL MOVED TO APPROVE COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE AGENDA AS AMENDED. THE MOTION CARRIED 5-0. 3. Consider 10/22/90 City Council Minutes COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 10/22/90 CITY COUNCIL MINUTES. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Dobel abstained due to absence from the meeting. 4. Open Mike No one was present for this item. 4.1 Garba~e Ordinance Discussion Mayor Tralle stated that for the last two years, the City has undertaken a study regarding a garbage and recycling program. He explained that mandatory garbage service is not a new requirement because the City's previous garbage and refuse ordinance required garbage collection for every residence in the City; however, there was no way to enforcement this ordinance. He stated that the Recycling Task Force has recommended organized garbage routes with mandatory garbage pick-up and mandatory recycling, which the City has recently initiated. City Council Minutes October 29, 1990 Page 2 e Mayor Tralle asked for public comments at this time. Mary Hoffer, 21323 Meadowvale Road, presented a petition to the City Council which stated that the residents of Elk River do not need mandatory garbage collection. The petition requested the Council to revoke mandatory collection and try voluntary collection and recycling. The petition contained 68 signatures. Ms. Hoffer stated that mandatory garbage collection is not necessary or fair. She stated that the City is subsidizing the garbage collectors and that there are people who are on a fixed income who cannot afford this service. Merrill Thompson, 10046 206th Avenue, stated that his mother would be unable to bring the garbage out to the road. He questioned what course of action the people could take if they were unhappy with the garbage hauler assigned to them. Margaret Ambrose, 509 51/2 Street, stated she is a widow and does not generate a lot of garbage. She indicated that she has a special si tuation with East Tonka Sanitation and does not need weekly garbage service pick-up. George Deschene, 10583 Twin Lakes Road, stated that he has his own commercial business, which is a home occupation, and all his refuse is picked up by a commercial garbage service. e Mayor Tralle indicated that the Council will look at situations where a homeowner has a legal home occupation and garbage dumpster service. Carl Miller, 708 Auburn Street, questioned how the City could bill in advance for service he has not received. Mayor Tralle introduced Mike Sandusky, Chair of the Recycling Task Force Committee. Mr. Sandusky explained that the State has mandated, by SCORE Legislation, that cities must recycle. He explained that people will pay more, now and in the future, to dispose of their waste and that people will have to continue to recycle in the future. He explained that the rising cost was due partly to the rising cost of pollution control equipment. Mr. Sandusky indicated that the Task Force had researched other recycling programs and found that a curbside program could help guarantee success for the recycling program. He indicated that if the City is to meet the recycling goals set by the Legislature, curbside recycling must be offered and used. Rich Hoffer, 21323 Meadowvale Road, stated that the Council is supposed to represent the people and that the people do not want mandatory garbage or recycling whether it is right or wrong. e Jane Follmer indicated that the recycling program does not allow for the pick-up or collection of leaves. She stated she did not want to be charged by the City for garbage and recycling if they were not going to pick up everything. City Council Minutes October 29, 1990 Page 3 e Rosie Myer, 17855 Cleveland, stated that she does not like the fact that she is being told who should pick-up her garbage. Peter Busch, 13912 223rd Avenue, stated that the tipping fees will be increased the first of January and that garbage costs will continue to rise. Melissa Bush, 22023 Meadowvale Road, questioned whether the State is reimbursing the City for getting involved in mandatory garbage and recycling and questioned whether the City would be enforcing mandatory recycling. David Thompson, 13410 221st Avenue, indicated that he does recycle and that he does not need to pay the City to continue his recycling efforts. Mr. Kreuser, 13241 Highway 10, indicated that he was out of town at least three weeks out of the month and he does not want to pay for pick-up during the time that he is not home. e Merrill Kampa, 13822 211th Avenue NW, indicated that he is on a fixed income and cannot afford the garbage bill. He indicated that he has put his house up for sale because of the rising costs in Elk River. He stated that the Council should put more efforts toward eliminating junk mail., which ends up as garbage, instead of charging the ci tizens for mandatory garbage pick-up. Lou Fountain, 801 Irving Avenue, indicated that she was representing two senior citizens who live next door to her. She indicated that neither of them generate much garbage and that because of their age and the low volume of garbage, she allows them to use her garbage barrel. She requested that the Council make some type of adjustments for these types of situations. Mayor Tralle indicated that the City staff and Council will be considering making adjustments for low volume or low income residents. Lou Fountain explained that there is a recycling charge on the bill and does not feel it is fair that the people must pay for recycling. Carol Turner, Cleveland Street, indicated that she does not have any garbage, does not need the pick-up, and that there is nothing to recycle because she does her own recycling. Carol Mausoff, 1825 Main Street, indicated that she is a widow with very little garbage. Jim Cameron questioned whether the City's method was the best way to force people to recycle. He indicated that people get fed up with "having things forced down their throats." e Rich Hoffer stated that a vast majority of citizens do not want mandatory garbage pick-up. City Council Minutes October 29, 1990 Page 4 e Dean Thompson, Elk Lake Road, stated that he has been recycling for years and feels that most people have also been recycling. He indicated that the program has nothing to offer or reward those people who have been recycling and, in fact, they are being penalized. David Thompson indicated he did not ask for garbage service. Linda Cameron indicated that she was unaware of the program until a barrel was dropped in her driveway and at that time still did not know what was going on as there was no note left with the barrel. Richard Driessen, 22347 Monroe, stated that the rate was high. He suggested that the garbage pick-up rate could be reduced if garbage from other cities go through the processing plant. Ron Mhyre, 10022 175th Avenue NW, indicated his support for the recycling program initiated by the City. Carl Jackson, 209th Avenue, indicated that he does not feel that mandated garbage is necessary to enforce the recycling program. Councilmember Dobel stated that the City needs a leaf drop-off center and the possibility for recycling plastics. e Mayor Tralle thanked the citizens for their City staff and City Council will take exceptions to the Ci ty' s mandatory garbage program. comments and stated that into consideration some collection and recycling The Council recessed at 9:00 p.m. and reconvened at 9:15 p.m. 5.1 NSP/UPA License and CUP Renewal/P.H. Mayor Tralle stated that the Council had previously tabled requests by NSP and UPA for renewal of their licenses and conditional use permits and that a temporary extension was granted until October 29, 1990. UPA - Conditional Use Permit Paragraph 13: e Dan McConnan stated that UPA is requesting an objective evaluation of odor and noise complaints. He suggested that the City relinquish its power and use the State criteria in determining noise and odor levels. The Building and Zoning Administrator indicated that he had a concern regarding using only MPCA standards. John Lichter, City Environmental Consultant, stated that he feels the City could use their own methods to determine if there is an odor or noise problem, and if there is, they could then use the MPCA standards. He further indicated that UPA would be involved in any investigation. Peter- Beck, City Attorney, indicated that the question is. whether or not the UPA facility should be deodorized. He indicated that this draft renewal does not reqUire UPA to deodorize, but gives staff the opportunity to have them deodorize if necessary. Dan McConnan indicated that there has not been e e e City Council Minutes October 29, 1990 Page 5 any evidence Councilmember remain as it the Counci I permit. shown that there is an odor problem in 1990. Kropuenske indicated that he felt the language should is in the conditional use permit. It was the consensus of to leave the language in Paragraph 13 as it is in the It was the consensus of the Council that Paragraphs 17, 21a and 23 remain as drafted. Paragraph 20: It was noted that the word residue be stricken in this paragraph except at the start of the second sentence. Paragraph 21d: The City Attorney indicated that there are separate negotiations being held regarding the tax status of the RDF which could affect this paragraph. It was the consensus of the Council that the language of Paragraph 21d be consistent with any other agreements with the overall facility of the RDF Plant and UPA burners. UPA - Solid Waste Facility License It was the consensus of the Council that the language in the Solid Waste License remain as it is in the draft license. Mayor Tralle opened the public hearing on the UPA license and CUP at this time. Ron Mhyre questioned why the word residue was stricken from the language of the conditional use permit. He further questioned whether this residue is tested. Dan McConnan of UPA stated that the residue is a limestone and it has been tested and does meet the MPCA limits. Ron Mhyre indicated that he had a complaint about noise from the plant. He stated that.~ the noise was due to a back-up signal and requested that the signal be turned down. The Building and Zoning Administrator stated that the signal is as required according to OSHA standards. Mr. Mhyre indicated that he wanted to go on record as stating that the RDF and UPA facilities were a mistake and that he does not want to see the license or conditional use permit renewed. There being no other comments for or against the matter, Mayor Tralle closed the public hearing. City Council Minutes October 29, 1990 Page 6 ---------------- e NSP - Conditional Use Permit Paragraph 6: Glenn Kaas, representative of NSP, stated that the City has the right to come into their plant at any time, however, he does not feel a full time inspector is necessary and could create some problems regarding safety issues with NSP. He indicated that NSP is doing a good job of investigating the material that comes into the plant. Councilmember Kropuenske stated that he felt the language should remain in the conditional use permit regarding a full time inspector just in case it is needed. Peter Beck, City Attorney, stated that it is not anticipated that a full time inspector will be needed but the language is in the conditional use permit to protect the City. Councilmember Schuldt conditional use permit. to be drafted stating financial or proprietary questioned the word "proprietary" in the The City Attorney stated that new language is that the right of inspections not apply to information. Glenn Kaas language. reasonable. requested that the word "reasonable" be added to the It was the consensus of the Council to add the word e Paragraph 8: The Building and Zoning Administrator distributed a letter to Mr. Kaas from John Lichter, City Environmental Consultant, dated October 29, regarding chain of command for NSP reporting to City staff regarding materials that are not approved to be processed at the facility. The Council reviewed the letter and it was the consensus of the Council to revise Paragraph 8 to incorporate the letter submitted by John Lichter, City Environmental Consultant. Peter Beck further indicated that if the letter is changed at any time, the change will be incorporated in the condi tional use permit. It was the consensus of the Council to change the hours in this paragraph in order to help eliminate the traffic situation during rush hour. It was further the consensus to add the words "to UPA" whi,ch would allow the hauling of RDF to Wilmarth. Paragraph 16: It was the consensus of the Council that litter could be picked up once a week, with the day of the week to be left to NSP's discretion. Paragraph 20 & 21d: e It was the consensus of the Council that these paragraphs remain as drafted in the conditional use permit. Councilmember Kropuenske stated that if the language in the licenses and conditional use permits are not resolved by the time they are next brought back to Council, he will not vote for an extension. e e e City Council Minutes October 29, 1990 Page 7 Glenn Kaas requested that the words "temporary basis" be omitted in Paragraph 11. After discussion by the Council, it was the consensus to eliminate the words "temporary basis" due to the fact that the permit is renewed every other year. NSP Solid Waste Facility License Paragraph 8: It was the consensus that this paragraph remain as drafted in the conditional use permit. . Mayor Tralle opened the public hearing on the NSP license and CUP at this time. Ron Mhyre stated that he would like to see an inspector available on call in the night if needed and further feels that the word temporary should not be eliminated. There being no further comments, Mayor Tralle closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE PUBLIC HEARING AND TO EXTEND THE CONDITIONAL USE PERMITS AND SOLID WASTE LICENSES OF NSP AND UPA TO NOVEMBER 26, 1990, 7:00 P.M. AT THE ELK RIVER PUBLIC LIBRARY. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Kropuenske noted that this would be the last extension for the license that he would consider. 5.2 Conditional Use Permit Grace Ostien/Metal Skin Accessory Buildin~/P.H. Mayor Tralle explained that Mrs. Ostien is proposing to construct a metal skin agricultural building of 11,160 square feet on her property located at 20842 Concord Street. He stated that a condi tional use permit is necessary because the building is larger than 2,000 square feet in size and also because it would be a second accessory structure on the lot. Planning Commission Representative, Robert Bischoff, indicated that the Planning Commission recommended approval of the conditional use permit request with three stipulations. Mayor Tralle opened the public hearing. Mayor Tralle noted that he received a note from Ned McCarty and Tom Hanson who are both landowners located near the proposed structure who are opposed to the conditional use permit. There being no comments from the public, Mayor Tralle closed the public hearing. City Council Minutes October 29, 1990 Page 8 e COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY MRS. GRACE OSTIEN FOR AN 11, 160 SQUARE FOOT AGRI CULTURAL STRUCTURE ON HER PROPERTY LOCATED AT 20848 CONCORD STREET WITH THE FOLLOWING STIPULATIONS: 1. THAT THE CONDITIONAL USE PERMIT BE REVIEWED EVERY TWO YEARS WITH EMPHASIS PLACED ON THE MAINTENANCE OF THE BUILDING. 2. THAT THE PROPERTY SHALL REMAIN TWENTY ACRES IN SIZE AND IF THE PROPERTY IS SUBDIVIDED THE BUILDING SHALL BE REMOVED. 3. THAT NO MORE THAN 12 HORSES SHALL BE ALLOWED ON THIS PROPERTY DUE TO CONCENTRATION OF NITRATES. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Holmgren questioned how realistic it would be to tear down the building if the property were subdivided. Mrs. Ostien indicated that the land will not be subdivided because of the lay of the land. She stated that of the property is low land. 5.3 Conditional Use Permit by Jeff Lawson/P.H. e Mayor Tralle noted that Jeff Lawson is requesting a conditional use permit to construct an agricultural accessory building 1200 square feet in size. He further explained that a conditional use permit is necessary because Mr. Lawson already has a detached accessory structure on his property. Planning Commission Representative, Robert Bischoff, stated that the Planning Commission recommended approval of the request. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE A CONDITIONAL USE PERMIT REQUESTED BY JEFF LAWSON FOR AN AGRICULTURAL ACCESSORY BUILDING OF 1200 SQUARE FEET IN SIZE. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4 Ordinance Amendment to Section 900.12 and 900. 20/Ci ty of Elk River/P.H. Mayor Tralle indicated that the City has recently passed ordinance amendments restricting the number and size of accessory structures allowed on a parcel of land. He stated that since these ordinances have been adopted, the City has received complaints indicating that they are too restrictive and, therefore, the Council is reconsidering these ordinances. e Planning Commission Representative, Robert Bischoff, stated that the Planning Commission recommended approval of the draft ordinances. . . . City Council Minutes October 29, 1990 Page 9 COUNCILMEMBER HOLMGREN MOVED TO APPROVE ORDINANCE 90-44, AN ORDINANCE AMENDING SECTION 900.12, PERMITTED ACCESSORY AND CONDITIONAL USES BY DISTRICT, SUBDIVISION C-R1, SINGLE FAMILY RESIDENTIAL DISTRICT. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DOBEL MOVED TO APPROVE ORDINANCE 90-45, AN ORDINANCE AMENDING SECTION 900.12, PERMITTED ACCESSORY AND CONDITIONAL USES BY DISTRICT, SUBDIVISION B-A1, AGRICULTURAL CONSERVATION DISTRICT. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED 1'0 ADOPT ORDINANCE 90-46, AN ORDINANCE AMENDING SECTION 900.20, GENERAL REGULATIONS, SUBDIVISION 4, ACCESSORY STRUCTURES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5 Ro~er Hendrickson Conditional Use Permit/Metal Skin Buildin~/P.H, Mayor Tralle indicated that Roger Hendrickson is requesting a conditional use permit to construct a metal skin nonagricultural accessory building on his property located at 9738 221st Avenue. Steve Rohlf, Building and Zoning Administrator, stated that under the City's current ordinance, only one det.ached accessory building is allowed and additional agricultural accessory buildings are allowed as a condi tional use but the ordinance does not allow for an additional nonagricultural building. Steve Rohlf explained that with the adoption of the last three ordinances, under Item 5.4, Mr. Hendrickson would be allowed an additional nonagricultural accessory building on his property with a conditional use permit. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. Robert Bischoff, Planning Commission Representative, indicated that the Planning Commission unanimously recommended approval of the request. COUNCILMEMBER DOBEL MOVED TO APPROVE A CONDITIONAL USE PERMIT REQUEST BY ROGER HENDRICKSON TO CONSTRUCT A METAL SKIN NONAGRICULTURAL ACCESSORY BUILDING ON HIS PROPERTY LOCATED AT 9738 221ST AVENUE NW WITH THE FOLLOWING STIPULATIONS: 1. THAT THE PERMIT BE SUBJECT TO A TWO YEAR REVIEW WITH EMPHASIS PLACED ON THE MAINTENANCE OF THE BUILDING. 2. THAT THE PROPOSED STRUCTURE WILL NOT BE USED FOR A BUSINESS BUT WILL BE USED FOR STORAGE ONLY. 3. THAT APPROVAL OF THE CONDI'rIONAL USE PERMIT WILL BE EFFECTIVE UPON THE DATE OF PUBLICATION OF ORDINANCE 90-44, 90-45, AND 90-46. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e e e . City Council Minutes October 29, 1990 Page 10 6.1 Pizza Hut License Transfer for Mechanical Amusement License COUNCILMEMBER DOBEL MOVED TO APPROVE THE TRANSFER OF MECHANICAL AMUSEMENT LICENSE FOR PIZZA HUT, INC. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. City Administrator Update The City Administrator informed the Council that a joint meeting with the Community Center Task Force and City Council has been confirmed for November 8. He further informed the Council that a Budget Worksession has been confirmed for Tuesday, November 13, at 5:30 p.m. at City Hall. The City Administrator informed the Council that the City Engineer will be going before the County Board on November 6, to request approval of an agency agreement to work on Proctor Avenue. He further informed the Council that there will be expenditures of some City funds for this project. . The City Administrator indicated that the Park and Recreation Commission had requested to use funds to construct backstops for the outdoor hockey rink. He indicated that there are landfill funds in the Park's budget for this type of proj ect and further stated that the request is estimated at a maximum of $2500. The City Administrator noted that the Street Superintendent does have an alternative which would total about $1300 including the Street Departments time, labor and supplies. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF CONSTRUCTING A BACKSTOP. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Adjournment 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 adjourned at 10:45 p.m. Respectfully submitted, ~~~~. Sandy Thackeray City Clerk