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11-26-1990 CC MIN e e - MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, NOVEMBER 26, 1990 Members Present: Mayor Tralle, Councilmembers Schuldt, Holmgren, Dobel and Kropuenske Members Absent: None Staff Present: Lori Johnson, Finance Director; Steve Rohlf, Building and Zoning Administrator; Peter Beck, City Attorney; Sandy Thackeray, City Clerk Planning Commission Representative Present: 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 11/26/90 City Council A~enda Item 6.1, Councilmember Schuldt, was added to the agenda. I terns 4.1 and 4.2 were moved to follow Item 4.5 on the agenda. COUNCILMEMBER DOBEL MOVED TO APPROVE THE 11/26/90 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Open Mike There was no one present for this item. 4.3 & 4.4 Renewal of Licenses and Conditional Use Permits for UPA and NSP/P.H. Peter Beck, City Attorney, informed the Council that a final agreement has been reached and entered into between NSP, UPA and the City of Elk Ri ver. Peter Beck explained that the agreement allows for payment to the City from NSP and/or UPA in lieu of taxes as compensation for the location of the facility within the City. He stated that the City will recei ve a minimum of $190,956 yearly for the life of the project for payment in lieu of taxes and $589,044 will be paid for taxes of the plant. He stated that according to the agreement, decertification of TIF District #4, will take place effective January 1, 1991. Peter Beck, City Attorney, proceeded to review the agreement item by item with the Council. Councilmember Schuldt questioned what would happen to the the tax increment monies which the City will receive for 1990. The City Attorney explained that the City would keep the tax increment monies. City Council Minutes November 26, 1990 Page 2 e Councilmember Holmgren questioned Item #8 in the agreement pertaining to the City not initiating or advocating a legislative amendment authorizing the imposition of a local fee on the facility or power plant. He questioned what the definition of "City" was and whether or not he would be able to voice his opinion regarding this item to the legislature. Peter Beck explained that the City cannot initiate or take a position on any matters pertaining to local fees of the RDF facility or power plant nor should it advocate any such position. He further stated that a Councilmember, as an individual, should not ini tiate any such amendment but could voice an opinion regarding the matter. Mayor Tralle opened the public hearing. There being no-one for or against the matter, Mayor Tralle closed the public hearing. Steve Rohlf, Building and Zoning Administrator, stated that it was staff's intent to involve UPA and NSP in all investigations of odor and noise complaints. Mayor Tralle thanked Representative Jerry Bauerly for his help in negotiations of the Agreement. Mayor Tralle also indicated that both the County and the City would benefit from the agreement. e COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE AMENDED CONDITIONAL USE PERMIT NO. 87-10 FOR THE UNITED POWER ASSOCIATION WASTE BURNING FACILITY. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE RENEWAL WASTE FACILITY LICENSE FOR THE UNITED POWER ASSOCIATION FACILITY. COUNCILMEMBER SCHULDT SECONDED THE MOTION. CARRIED 5-0. OF THE SOLID WASTE BURNING THE MOTION COUNCILMEMBER DOBEL MOVED TO APPROVE THE AMENDED CONDITIONAL USE PERMIT NO. 86-86 FOR THE NORTHERN STATES POWER COMPANY REFUSE DERIVED FUEL RESOURCE RECOVERY FACILITY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE RENEWAL OF THE SOLID WASTE FACILITY LICENSE FOR THE NORTHERN STATES POWER COMPANY WASTE PROCESSING FACILITY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE FINAL AGREEMENT DATED 11/21/90 BETWEEN THE CITY OF ELK RIVER, NORTHERN STATES POWER COMPANY AND UNITED POWER ASSOCIATION. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1 Zone Chan~e ReQuest by Earl Hohlen/P.H. e Mayor Tralle explained that Mr. Earl Hohlen is requesting a zone change from R-1c/Single Family Residential and R-2b/Townhouse and Multifamily Residential to R-3. Mayor Tralle explained that the reason for Mr. Hohlen's request was to accommodate the mobile home park which he owns. City Council Minutes November 26, 1990 Page 3 e Al Nadeau, Planning Commission Representative, indicated that the Planning Commission recommended that the property be rezoned to a PUD because a PUD would accommodate the mobile home parkas a conditional use while limiting other uses which could be applied to the property. He further indicated that the Planning Commission also recommended that the land use map be amended to HR and also that the City Council add the southern portion of the affected property to the urban service district. Mayor Tralle opened the public hearing. Earl Hohlen, owner of the affected property, indicated that he was in agreement with the Planning Commission's recommendation to rezone the property to a PUD. There being no-one for or against the matter, Mayor Tralle closed the public hearing. Councilmember Schuldt indicated that he agreed with the Building and Zoning Administrator's recommendation that improvement of the intersection of County Roads 12 and 13 must be taken into consideration when considering the conditional use permit. e The Building and Zoning Administrator indicated that the City is dealing with County roads and suggested that he contact the City Engineer regarding the procedure to work with the County on these roads. Mayor Tralle suggested that transportation should be the next item seriously considered in the Growth Management Plan. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 90-47, AN ORDINANCE REZONING CERTAIN LAND FROM R-1C/SINGLE FAMILY AND R-2B/TOWNHOUSE AND MULTIFAMILY RESIDENTIAL TO PUD/PLANNED UNIT DEVELOPMENT. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO AMEND THE LAND USE MAP FROM MEDIUM DENSITY RESIDENTIAL TO HR/HIGH DENSITY RESIDENTIAL. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 90-66, A RESOLUTION FOR ADDING CERTAIN PROPERTY TO THE PLANNED URBAN SERVICE AREA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2 Zone Chan~e Request by Elroy Cornelius/P.H. Mayor Tralle explained that Mr. Elroy Cornelius is requesting to rezone his property from R-1b and R-1c to R-2b. He indicated that the R-2b zoning designation would allow townhouses up to four units. e Planning Commission Representative, Al Nadeau, indicated that the Planning Commission recommended approval of the request to rezone the property to R-2b. He further stated that the existing land use of medium density residential will accommodate an R-2b zoning designation. City Council Minutes November 26, 1990 Page 4 e Marilyn VanPatten-Chuba was present representing Mr. Cornelius. Mayor Tralle opened the public hearing. There being no-one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 90-48, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO ZONE CERTAIN PROPERTY FROM R-1B AND R-1C/SINGLE FAMILY RESIDENTIAL TO R-2B/TOWNHOUSE AND MULTIFAMILY RESIDENTIAL. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council recessed at 8:00 p.m. and reconvened at 8:15 p.m. 5.1 Insurance Update e Dan Greene, the City's Insurance Consultant, reviewed the City's 1990-91 insurance policy. He indicated that after requesting quotes on the insurance proposal from several different companies he was recommending that the City continue to carry their insurance through the League of Minnesota Cities Tt'ust. He stated that he had checked individual carriers and they could not compete with the League's price and could not supply all of the coverages required by the City, especially the dam and the swimming beach liability coverage. Dan Greene explained that the premium is higher this year due to the addi tions to the public works building and the fire station plus the sewer plant being reevaluated to more accurately reflect the actual replacement cost of the facility. He further indicated that the aerial ladder truck and other equipment was purchased by the City causing a slight increase in the City's insurance program. Dan Greene indicated that after discussion with the City Staff J he is recommending that the City Council consider deleting glass coverage which would give the City a $711 credit and also changing the deductible on the general liability from $250 to $1,000 which would give the City a $5,232 credit. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE MODIFICATIONS TO THE INSURANCE POLICY BY DELETING THE GLASS COVERAGE AND CHANGING THE DEDUCTIBLE ON THE GENERAL LIABILITY TO $1,000 THEREBY LEAVING A TOTAL PACKAGE PREMIUM OF $107,987 THROUGH THE LEAGUE OF MINNESOTA CITIES TRUST. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1 Councilmember Schuldt e Councilmember Schuldt voiced his concern regarding the east Highway 10 corridor and the types of businesses that are allowed on the highway. He indicated that his main concern is in regard to the number of used car lots on east Highway 10. He indicated that both Pro Motors and Nord Motors have received conditional use permits for used car lots on the highway and both of them will be discontinuing their business. He indicated that his concern is with the conditional use permit remaining with the property and thereby allowing other used car lots to be moved e e e City Council Minutes November 26, 1990 Page 5 onto the sites. Councilmember Schuldt stated that he would like the Council to consider the possibility of changing the conditional use permit ordinance so that when a business ceases to operate on any given premises, the conditional use permit would terminate. Councilmember Schuldt also indicated his concern regarding the pawn shop in Elk River. He indicated that the pawn shop is no longer in business and questioned whether the Council should consider a moratorium on pawn shops until such time the City can resolve the conditional use permit question. Mayor Tralle indicated that pawn shops are controlled through the license procedure and through the zoning ordinance. He indicated that he shared Councilmember Schuldt's concern regarding the number of used car lots along Highway 10. Mayor Tralle directed staff to look into the conditional use permit ordinance in regard to the conditional use permit remaining or ceasing when the business is no longer in operation. Councilmember Kropuenske indicated that he would be opposed to conditional use permits ceasing with the business moving or ceasing operation due to the hardship in volved in obtaining a loan for the property. He indicated that the growth of the conditional use permits should be controlled in some other way. Mayor Tralle indicated that he had received a request from Planning Commission Representative Al Nadeau to have a joint meeting with the Planning Commission and City Council before appointments to the Planning Commission are made in order to discuss the turmoil and to improve communications between the Council and Planning Commission. It was the consensus of the Council to agree to such a meeting if time allowed in the month of December. 7. Adjournment There being no further business, COUNCILMEMBER HOLMGREN 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 8:50 p.m. ~Resp ctfully sub~itted, t~~~~~ andra Thackeray 7 City Clerk