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01-04-1988 CC MIN . e e MINUTES OF THE ELK RIVER CITY COUNCIL HELD AT THE SENIOR HIGH COMMONS AREA MONDAY. JANUARY 4. 1988 Members Present: Mayor Gunkel. Councilmembers Dobe1. Schuldt. Holmgren and Tra11e Members Absent: None Staff Present: Patrick Klaers. City Administrator; Stephen Rohlf. Building and Zoning Administrator; Greg Korstad. City Attorney. Also Present: John K1ovning. Cedar Corporation; Peter Kimball and Duane Kropuenske. Planning Commission Respresentatives 1. Pursuant to due call and notice thereof. the meeting of the Elk River City Council was called to order by Mayor Gunkel at 7:00 p.m. 2. Consideration of 1/4/88 Council Agenda Mayor Gunkel indicated that because of the large crowd expected for the Atlas Proposal. the meeting place had been changed from the Elk River Public Library to the Senior High Commons Area. Mayor Gunkel further noted that in order to give people ample time to get to the Senior High from the Library the public hearings would not begin until 7:30 p.m. Mayor Gunkel requested that items 5.4 through 5.9 be tabled due to the amount of time which would be involved with the Atlas Proposal. COUNCILMEMBER TRALLE MOVED TO CALL A SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL ON WEDNESDAY. JANUARY 20. 1988. AT 7:00 P.M. AT THE ELK RIVER CITY HALL IN ORDER TO HEAR ITEMS 5.4 THROUGH 5.9. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5- O. COUNCILMEMBER TRALLE MOVED TO TABLE COUNCIL AGENDA ITEMS 5.4 THROUGH 5.9 UNTIL THE SPECIAL COUNCIL MEETING TO BE HELD ON WEDNESDAY. JANUARY 20. 1988. AT THE ELK RIVER CITY HALL AT 7: 00 P.M. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER TRALLE MOVED TO APPROVE THE 1/4/88 CITY COUNCIL AGENDA AS AMENDED WITH THE DELETION OF ITEMS 5.4 THROUGH 5.9. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.1. Consideration of December 12. 1987. City Council Minutes COUNCILMEMBER DOBEL MOVED TO APPROVE THE 12/12/87 CITY COUNCIL MINUTES. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Page 2 City Council Minutes January 4. 1988 e 3.2. Consideration of December 21. 1987. City Council Minutes Counci1member Schuldt indicated that he would like the following wording added to item 6.6: "The City Administrator also concurred that technically the City did not authorize prior approval for the two police officer positions at top salary." COUNCILMEMBER TRALLE MOVED TO APPROVE THE DECEMBEt{ 21. 1987. CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike No one appreared for this item. e Mayor Gunkel gave an opening statement in regards to Atlas Incinerator's proposal in which she stated that Atlas has worked to comply with the City Ordinance and license and also with the MPCA regulations. She noted that Atlas has requested that no decision be made until an EAW study has been completed by the MPCA. Due to the fact that the time was 7:10 p.m. and the public hearing was scheduled to be held at 7:30 p.m.. the Council moved down to items 6 and 7 on the agenda. 6.1. Designation of Official City Depositories COUNCILMEMBER TRALLE MOVED TO ADOPT DESIGNATING DEPOSITORIES OF CITY FUNDS. MOTION. THE MOTION CARRIED 5-0. RESOLUTION 88-1. A RESOLUTION COUNCILMEMBER DOBEL SECONDED THE 6.2. Designation of Official City Newspaper COUNCILMEMBER SCHULDT MOVED OFFICIAL NEWSPAPER FOR 1988. THE MOTION CARRIED 5-0. TO APPOINT ELK RIVER STAR NEWS AS THE CITY COUNCILMEMBER TRALLE SECONDED THE MOTION. 6.3. Appointment of Vice Mayor COUNCILMEMBER TRALLE MOVED TO ELECT GENE SCHULDT AS VICE MAYOR FOR 1988. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. ~ 6.4. Reappointment of Fire Chief COUNCILMEMBER TRALLE MOVED TO APPROVE THE RE-APPOINTMENT OF RUSS ANDERSON AS FIRE CHIEF PER FIRE DEPARTMENT RECOMMENDATION. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. Page 3 City Council Minutes January 4. 1988 e 7.1. Resolutions Pertaining to Main Street Project COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 88-2. A RESOLUTION REQUESTING THE MINNESOTA COMMISSIONER OF TRANSPORTATION TO GRANT A VARIANCE FROM THE DESIGN STANDARDS OF MINNESOTA RULES PART 8820.9916. TO AUTHORIZE A TRAFFIC AISLE WIDTH OF 22.2 FEET ON JACKSON AVENUE. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER TRALLE MOVED TO ADOPT RESOLUTION 88-3. A RESOLUTION RELATING TO STOP SIGNS AT COMPACT INTERSECTION ON S.A.P. 204-113-04 FROM TRUNK HIGHWAY 10 TO UPLAND AVENUE IN THE CITY OF ELK RIVER. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 88-4. A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE JACKSON AVENUE IMPROVEMENT OF 1988. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER TRALLE MOVED TO ADOPT RESOLUTION 88-5. A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE MAIN STREET IMPROVEMENT OF 1988. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. ~ 7.2. Consideration of Cigarette Licenses COUNCILMEMBER TRALLE MOVED TO APPROVE THE SALE OF CIGARETTES FOR THE ESTABLISMENTS THAT HAVE SUBMITTED APPLICATION AND LICENSE FEES. AND ARE LISTED ON THE MEMO FROM THE DEPUTY CITY CLERK DATED DECEMBER 29. 1987. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER TRALLE MOVED TO ALLOW ONE WEEK FOR THE ESTABLISHMENTS THAT HAVE NOT SUBMITTED APPLICATION OR LICENSE FEE TO MAKE THE PROPER ARRANGEMENTS IN ORDER TO RENEW THEIR LICENSE FOR THE SALE OF CIGARETTES. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.3. Consideraton of Mechanical Amusement Device Licenses COUNCILMEMBER SCHULDT MOVED TO APPROVE THE OPERATION OF MECHANICAL AMUSEMENT DEVICES FOR THE ESTABLISHMENTS THAT HAVE SUBMITTED APPLICATION AND LICENSE FEES. AND ARE LISTED ON THE MEMO FROM THE DEPUTY CITY CLERK DATED DECEMBER 29. 1987. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHULDT MOVED TO ALLOW ONE WEEK FOR THE ESTABLISHMENTS THAT HAVE NOT SUBMITTED APPLICATION OR LICENSE FEE TO MAKE THE PROPER ARRANGEMENTS IN ORDER TO RENEW THEIR LICENSE FOR THE OPERATION OF MECHANICAL AMUSEMENT DEVICES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 7.4. Consideration of Bowling License COUNCILMEMBER DOBEL MOVED TO APPROVE THE LICENSE APPLICATION FOR THE ELK RIVER BOWL TO RENEW THE BOWLING ALLEY LICENSE FOR 1988. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. e Page 4 City Council Minutes January 4, 1988 7.5. Consideration of Copy Machine Purchase Mayor Gunkel indicated that Staff is requesting approval of the purchase of a new copy machine. She stated that the Deputy City Clerk had finished reviewing five different copy machines and is recommending the purchase of a Sharp 9750 for $11,995 per the report dated December 28, 1987. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE PURCHASE OF THE SHARP 9750 AT $11.995 TO BE PURCHASED THROUGH 1988 EQUIPMENT CERTIFICATES. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Check Register 5.1, e e COUNCILMEMBER DOBEL MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. 5.3. - Consideration and Solid Waste Facility Public Hearing of Conditional Use Permit. Zone Change Request License Request by Atlas Waste Management, Inc. Mr. Labat. President of Atlas Waste Management, Inc. stated that Atlas is requesting a conditional use permit. zone change. and a solid waste facility license for a waste burning facility proposed to be located on Lot 7, Block 1 of the Elk River Industrial Park. Mr. Labat read a that the company businesses who requested that statement and day. statement contained in the Company's Policy which stated will not support nor contract business with locations or condone abortion. Mr. Labat further stated that he has the City add to the conditional use permit such a that the maximum request for burning would be 38 tons per Mr. Paul Hoppe. President of Atlas Incinerators, explained that Atlas is looking to relocate from Blaine. He stated that Atlas is considering Elk River as a site location for a number of reasons which include: --Proximity of Elk River area to the Twin Cities. --Elk River's Industrial Park Site. --Good transportation access to Elk River. --Quality of life for personnel. --Progressive community. --Solid Waste Ordinance established. Mr. Hoppe gave a brief explanation of Atlas's purpose. He stated they design equipment to eliminate infectious waste by burning. Mr. Hoppe gave the following comments regarding Atlas's proposal: Atlas is proposing two buildings; one is an approximately 20,000 square foot incinerator production plant with a 6,000 square foot corporate office. The other is a 20,000 square foot research and development building which would be used for planning, research and development. Two-thirds of this building will be dedicated to contract burning in order to subsidize the planning and research. 38 tons will be the final capacity for the burning. Atlas has officially requested the MPCA to initiate an Page 5 City Council Minutes January 4, 1988 e --------------------- Environmental Assessment Worksheet (EAW), and is further requesting that Council delay any action until the results of the EAW are made public. Total cost of the two proposed facilities will be $3,000,000. Mr. Val Carver, Engineer for Atlas, explained that the purpose of the facility is primarily for 1) the development of Atlas's equipment; 2) test and incinerate waste for applicability of the equipment; and 3) contract burning of waste. He indicated Atlas will design the equipment to meet stricter requirements than are necessary. Both incinerators are designed as "State of the Art" equipment and both will have scrubbers. Mr. Carver then proceeded to explain what will be burned, giving the percentage of each item. He indicated they will be burning 3,000 pounds per hour, 24 hours per day. John Klovning of Cedar Corporation, the City's Solid Waste Consultant, gave a summary of his recommendations for Atlas. Mr. Klovning's summary is stated in his memo to Steve Rohlf dated December 24, 1987. Steve Rohlf, Building and Zoning Administrator, briefly reviewed his recommendations to the City Council as stated in his memo to the Mayor and City Council dated December 23, 1987. e Duane Kropuenske, Planning Commission Representative, stated that the Planning Commission reviewed the Atlas Request at their December meeting for 3 1/2 hours. He indicated the City Attorney and Solid Waste Consultant were present at the meeting. The Planning Commission were assured that Atlas was within the guidelines and standards set forth in the solid waste ordinance. The Planning Commission made a motion to recommend approval of the Conditional Use Permit for 150 pounds per hour test burn and up to 1,500 pounds per hour contract burn with certain conditions set forth by the Planning Commission on a vote of 4-2 with Commissoners Temple and Kimball voting against the request. Mr. Kropuenske read the conditions set by the Planning Commission at this time as listed in the 12/15/87 Planning Commission minutes. Peter Kimball, Planning Commission Representative, stated he cast a negative vote to the Atlas request at the Planning Commission meeting for the following reasons: it would set a bad precedent in the City; approval would place the City Council in the situation of not being able to deny similar industries in the City; it would be in a very sensitive area of the City, being close to the schools. He further stated there was a need for an informational meeting prior to the Planning Commission or City Council meeting because there was too little knowledge available about the subject and the City was moving too fast with this situation. Greg Korstad, City Attorney, commented on the City's obligations regarding action on the Zone Change, Conditional Use Permit and the Solid Lic ense. e e e e Page 6 City Council Minutes January 4. 1988 ------------------------ Mayor Gunkel requested that the following letters showing opposition to the proposal be placed in the minutes. Annette Antiqua Gary and Mary Keifenheim Dawn Moyer Guenther Sagan Mayor Gunkel opened the public hearing at this time and explained that the public hearing will not be officially closed tonight as it will be continued at the time the results of the EAW are made public. The following people spoke regarding the Atlas Request. 1. Arde Jacobs 19450 Proctor Road - Stated he was not opposed to the incinerator but was opposed to the burning program. Questioned where the ash would be disposed of. 2. Ray Kra1jic -10168 20lst Avenue - Questioned how often testing would take place. 3. Roger He rmanutz - 14306 189th Lane NW - Questioned the cost of analysis dioxin. Also questioned whether the policy statement on abortion was a recent change of policy. 4. Paul Medenwald 12104 Highland Avenue - Would like this to be put to the people by referendum. 5. Mark Palmer 957 Main Street - Opposed because of danger to children and property value. 6. Vern Iverson - 11966 195th Circle - Stated his concern with dioxins and possible heavy metal concentration. 7. Larry Sizon - 19969 Pascal Avenue - Opposed. 8. Judy Halstad policy into how the City 14890 191st St.n NW - Questioned when Mr. Labat put the effect regarding the burning of hospital waste. Questioned could ever be sure what was being burned from hospitals. 9. Charlie Schuldt - 12600 Ridgewood Drive - Opposed. 10. Wayne Neuroth - 12890 Orono Road - Opposed because of the possibility of potential problems. 11. Dan Nicholson dealing with the values. 19732 Polk Street unknown and also Opposed due to the issues of because of the affect on property 12. Debby Demoret children. 8724 Needham - Opposed due to the potential danger to e e e Page 7 City Council Minutes January 4, 1988 13. Paula Donnelly 1911 6th Lane - Opposed due to the possible impact on family and property. The City does not know the affects of the RDF plant yet and should wait before allowing anything else of this nature in Elk River. 14. Tom Woods 544 5th Street - Opposed - Indicated his concern regarding down time, what exactly is being burned, the total impact of Atlas and RDF. Mr. Woods indicated he felt the people of Elk River should have had a longer notice in order to research this further before the Council meeting. 15. Chuck Brady - 1522 Main Street - Opposed. 16. Ken Case - 12951 Meadowvale Road - Opposed. 17. Julie Soderberg - 13842 189th Avenue - Opposed - Questioned if the City was planning any financial support to Atlas. 18. Tom Stall - 578 Tipton - Opposed. 19. Wendy Mordal - 1026 4th Street - Opposed. 20. Ken Williams - Owns three lots in Brentwood - Questioned how recent the policy was regarding the burning of fetuses. 21. Bob Jones - 13504 Islandview Drive - Opposed 22. Bob Neary Stated he has a business in the Industrial Park and stated he would not have come to the Industrial Park if Atlas was in operation. 23. Bob Saxon - 18044 Union - Opposed. 24. Dr. Howard Johnson 209 E. Main Street - Opposed due to dioxins, food chain contamination and danger to children. 25. Jerry Schroeder - 13575 Islandview Drive - Opposed. 26. Ben Wallace - 29740 150th Street - Opposed. Questioned hospital wastes and chemical waste. Also questioned size of incinerator. 27. Marilyn Brown hospital wastes. 191st Avenue Stated concern regarding infectious 28. Don Glussman Corporation. Buffalo Opposed. Stated Stated he is the president of Tescom his concern for people working at Tescom. 29. Sue Farber 19404 Norfolk Avenue - Opposed. Stated her concern that the City should have informed the people prior to the Council meeting. 30. Cathy Backus Opposed. Questioned where ash would be disposed of. Would like to see a moratorium on burn plants. 31. Richard Hetland - 18810 Boston St. NW - Opposed. e Page 8 City Council Minutes January 4, 1988 ---------------------- 32. Paula Yahnke Zimmerman Opposed due to the fact that this will affect an area larger than Elk River. 33. Pauley Smith - 10029 Parish Avenue - Opposed to the burning of fetuses. 34. David Briggs have enough consensus of 1111 4th information the community Street - Opposed. Stated the Council does not to make a decision. Would like to see a before the Council makes a decision. 35. Kent Peabody - 200th Avenue - Opposed. 36. Gene Scribner - 13489 Islandview Drive - Opposed. 37. John Williams - 11688 198th Avenue - Opposed. 38. Steve Payden - 525 8th Street - Opposed. 39. Ed Cunnington Stated his concern and the ability to Plymouth General Manager for Tescom. Opposed. regarding the health of the employees, property value, attract and keep employees. 40. Clara Inman 7262 Odean Avenue - Opposed. ~ 41. Grid Bedine - 1111 School Street - Opposed. e No one else from the public spoke on this subject at this time. Mayor Gunkel again explained that the public hearing will be continued and that the public will be notified regarding the time and location. The Mayor noted that all the people that spoke were against the proposal and that approximately 300 _ 400 citizens were present for the public hearing. Also, on such sensitive issues in the future, an informational meeting will be held; and further stated that the City is going through the proper process and this public hearing is the proper time to receive citizen input regarding the proposal. Mayor Gunkel would attempt hearing. indicated that the Council, Consultants and people from Atlas to answer the questions and concerns raised during the public The following were some of the items discussed: --Disposal of ash. Mr. Labat explained that the ash will be disposed of out of State, but the site has not yet been determined. --The cost of monitoring dioxins. relatively high. Mr. Klovning explained that the cost is --Policy statement regarding the buring of fetuses. Mr. Labat stated that the corporation policy on abortion has been recently adopted and was adopted because of Elk River's concern regarding this matter. Page 9 City Council Minutes January 4, 1988 e --Discussion was held be burned; validity equipment; down time Carver explained that full. regarding the shipping and handling of the products to of the term "State of the Art" equipment; height of the and the accumulation of waste during down time. Mr. there are two units and they are scheduled to be 80% Mayor Gunkel stated that the Council will look at the cumulative affect of the burn facilities on air quality in Elk River; she stated it will be looked at in combination and also as separate entities. Councilmember Tralle stated that the environment is a major concern of the project. He stated that these concerns will be answered in the EAW. He stated that Elk River should be helping expand the businesses already in Elk River and stated it is a serious issue if another industry comes into Elk River and forces other industries out. He stated this should not be allowed. Councilmember Tralle stated that the issue of using public funds to help this industry financially would be a great injustice to the residents of Elk River. Councilmember Dobel stated he was elected to represent the people of Elk River and would do this to the best of his ability. He stated his concern regarding the affect this plant would have on property values. e Councilmember Schuldt commented on the size of the crowd and glad to see the citizens at the meeting voicing their concerns. Schuldt questioned Atlas regarding bringing in trash from out of and also questioned the definition of a "hot spot". stated he was Counc ilmemb e r state to burn COUNCILMEMBER TRALLE MOVED TO EXTEND THE MEETING PAST MIDNIGHT. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Holmgren stated that he came prepared to learn more about Atlas than he actually did this evening. He indicated that he was impressed with the large crowd and with the comments made by the people. Mayor Gunkel stated that Atlas offers manufacturing and research which is different than RDF. Mayor Gunkel further indicated that she was unsure as to whether Atlas would be meeting a need of Elk River Citizens by contract burning. She further stated her concern regarding the cumulative affect of Atlas and RDF. Mayor Gunkel stated she would like to see the Council consider the adoption of a policy which would not allow other proposals of this nature in Elk River until the RDF Plant is in operation. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE PUBLIC HEARING. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER TRALLE MOVED TO RECONVENE THE COUNCIL MEETING AT THE ELK RIVER CITY HALL IN ORDER TO CONTINUE WITH THE NEXT ITEMS ON THE AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e Page 10 City Council Minutes January 4. 1988 e 5.10. Ordinance Amendment Regarding Moratorium on Subdivisions/Public Hearing The City Administrator explained that the proposed moratorium was recommended by the Growth Management Plan Task Force. The City Attorney explained that the moratorium orders that there be no construction on lands in the future sewered district except on subdivisions that are presently approved or subdivisions served by sewe r and water at the time the development takes pI ac e . Mayor Gunkel opened against the matter. the public hearing. There being no one for or Mayor Gunkel closed the public hearing. Discussion was held regarding the recommendation from the Planning Commission. It was indicated that the Planning Commission recommended that the moratorium be lifted as soon as possible so as not to create a negative image for Elk River. The City Administrator explained that the moratorium will last only until the City adopts the residential section of the Growth Management Policy. e COUNCILMEMBER TRALLE MOVED TO ADOPT ORDINANCE 88-1, AN ORDINANCE ESTABLISHING THE NEED FOR AND DIRECTING THE IMPOSITION OF A MORATORIUM ON THE SUBDIVISION AND IMPROVEMENT OF CERTAIN UNSEWERED LANDS WITHIN THE CITY. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.6. Recommendation of Interview of EDC The Council discussed possible candidates for the Economic Development Coordinator interviews. After discussion, it was the consensus to allow the City Administrator to mail a list of recommended candidates. put together from the Council list, Mike Mulrooney's list, Finance Director's list and the City Administrator's list, and submit to the Council for further determination and recommendation. The City Administrator indicated that Staff would be interviewing on January 23. 1988. There being no further business. COUNCILMEMBER TRALLE MOVED TO ADJOURN THE MEETING OF THE ELK RIVER CITY COUNCIL. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 1:05 a.m. I ~~c~~ Recording Secretary e