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05-23-1988 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL MONDAY, MAY 23, 1988 HELD AT THE ELK RIVER CITY HALL MEMBERS PRESENT: Mayor Gunkel, Counci1members Tra11e, Schuldt, and Dobe1. Counci1member Holmgren arrived at 7:20 p.m. MEMBERS ABSENT: None ALSO PRESENT: Pat K1aers, City Administrator; Steve Rohlf, Building and Zoning Administrator The City Council toured the RDF Plant at 6:00 p.m. 1. Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:15 p.m. 2. Consider 5/23/88 City Council Agenda Item 7.A. City Administrator was added to the City Council agenda. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 5/23/88 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4- o. 3.1. Consideration of 5/11/88 Board of Review Minutes The following sentences were added to items #2 and #3 on page one and two: "It was the consensus of the Board of Review to take no action." "The petitioner accepted the fact that no action was taken." It was also indicated that the Council consensus should be separated from the text on item #6. COUNCILMEMBER DOBEL MINUTES AS AMENDED. MOTION CARRIED 4-0. MOVED TO APPROVE THE MAY 11, 1988, BOARD OF REVIEW COUNCILMEMBER TRALLE SECONDED THE MOTION. THE 3.2. Consideration of 5/16/88 City Council Minutes The following corrections were made: Item 6.8 signage. The word "Allowed" was added in number /12 after the word Item 6.11 The words "for an R-1a zone" were added in the first paragraph of page 8. Item 6.13 The words "because the City accepted park land in lieu of these fees" was added to #2 at the end of the sentence. ~@YNeILMlMBER TRALLE MINUTES AS AMENDED. CARRIED 4-0. MOVED TO APPROVE THE MAY 16, 1988, CITY COUNCIL COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION Counci1member Holmgren arrived at this time. Page 2 City Council Minutes May 23, 1988 e 4. Main Street Update by Cliff Lundberg Cliff Lundberg, representative of the Downtown Association, presented the City Council with a total dollar amount of $8,600, and stated that $500 more would be added to this amount. He stated the money was given for the purpose of installing electrical outlets near the tree grates for the purpose of decorating the trees with lights. Mr. Lundberg stated that the Downtown retailers are requesting that the City cover the remaining cost of the project. COUNCILMEMBER TRALLE MOVED THAT THE CITY PAY THE REMAINING DOLLAR AMOUNT OVER THE $9,100 CONTRIBUTED, TO INSTALL THE ELECTRICAL OUTLETS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.1. Ordinance Amendment to Section 900.16 of the Elk River City Code/Public Hearing The Building and Zoning Administrator indicated that Barton Sand and Gravel is initiating an ordinance amendment which will allow temporary material processing associated with mineral extraction within legal gravel pits. Stephen Rohlf stated that Barton Sand and Gravel first initiated a zone change request before the Planning Commission and the Planning Commission voted against the request and suggested an ordinance amendment. e Rita Johnson, Planning Commission Representative, indicated that the Planning Commission voted in favor of the ordinance amendment. Mayor Gunkel opened the public hearing. There being no one for or against the matter, Mayor Gunkel closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO ADOPT ORDINANCE 88-15, AN ORDINANCE AMENDING SECTION 900.16 CONDITIONAL USES BY DISTRICT, SUB. 1 - A-1 AGRICULTURAL CONSERVATION DISTRICT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Conditional Use Permit/Barton Sand & Gravel/Public Hearing Steve Rohlf, Building and Zoning Administrator, indicated that Barton Sand and Gravel is requesting a conditional use to allow temporary asphalt pr?cessing in an existing gravel pit. Mr. Rohlf indicated that the location of the site will be toward the middle of the gravel pit and is well hidden by sand piles and a buffer of trees. Gary Sauer, President of Barton Sand and Gravel, indicated he had a meeting with the neighboring residents and resolved their concerns. Mayor Gunkel opened the public hearing. There being no one for or against the matter, Mayor Gunkel closed the public hearing. e Planning Commission Representative, Arlon Fuchs, indicated that the Planning Commission recommended approval of the request. Page 3 City Council Minutes May 23, 1988 e The Building and Zoning Administrator indicated that Liesch and Associates, hired as the City's Consultants, reviewed this request. He indicated that Mr. Bob Berg of MPCA also reviewed the request. Discussion was held regarding the fact that the conditional use permit will be renewed in two years and also the fact that the use is temporary. Mr. Gary Sauer, owner and president of Barton Sand and Gravel, indicated that once the gravel is mined from the site the asphalt processing plant will be moved. Discussion was held whether or not gravel would be hauled in, therefore, making the situation a permanent situation as opposed to a temporary situation. Mr. Sauer indicated that it would be too costly to haul gravel in. The Building and Zoning Administrator indicated that the City can keep on top of the situation through the two year review process. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY BARTON SAND AND GRAVEL TO OPERATE A TEMPORARY ASPHALT PROCESSING PLANT WITH THE FOLLOWING CONDITIONS: 1. THAT THE MAXIMUM PERMEABILITY OF THE CLAY LINER OF THE SECONDARY CONTAINMENT FOR THE OIL STORAGE TANKS BE 10-6 CM/SEC. e 2. THAT A MAXIMUM OF 30% OF RECYCLED ASPHALT CAN BE USED IN THEIR OPERATION TO CONTROL ODOR. IF WEATHER CONDITIONS MAKE ODOR NOTICEABLE, BARTON MUST REDUCE THE PERCENT OF RECYCLED ASPHALT IN THEIR OPERATION TEMPORARY UNTIL ATMOSPHERIC CONDITIONS ALLOW THE 30% LEVEL TO CONTINUE. IF ODOR STILL PERSISTS, BARTON MUST RAISE THE STACK HEIGHT. 3 . THAT THE LEAD CONCENTRATION IN FUEL OIL USED IN THE PROCESS BE LIMITED TO 4,000 MG/KG. AN ANALYSIS OF LEAD CONCENTRATION IN THE FUEL IS REQUIRED. 4. THAT A MAXIMUM OF 20% OPACITY WILL BE ALLOWED FOR THE EMISSIONS FROM THE STACK. 5. THAT PARTICULATE EMISSIONS BE LIMITED TO A MAXIMUM OF 0.04 GR/DSCF. 6. THAT ALL CORRESPONDENCE BETWEEN BARTON AND MPCA, INCLUDING TEST RESULTS, BE COPIED TO THE CITY. 7. THAT BARTON BE ALLOWED TO USE THE FINES IN THE ASPHALT MIX AND THAT THE FINES BE KEPT IN AN ENCLOSURE TO AVOID WIND BLOWN LEAD CONTAMINATION. €I I THAT THI NATURAL VEGETATION BETWEEN THE PROPOSED PLANT AND HIGHWAY 169 BE LEFT NATURAL TO ACT AS SCREENING. ~ I THAT HARD SURFACING ON THI S TEMPORARY SITE I S NOT REQUIRED, HOWEVER, DURING DRY PERIODS THE SITE MUST BE WATERED TO AVOID DUST. e H~, THAT THI UTI IS LIGHTED TO AT LEAST 1~ FOOT CANDLES TO AVOID IT FROM BECOMING AN ATTRACTION FOR VANDALS. e e e Page 4 City Council Minutes May 23. 1988 11. THAT BARTON REIMBURSE THE CITY FOR THE COST OF REVIEWING THIS PROPOSAL PRIOR TO COUNCIL MAKING A DECISION ON IT. 12. THAT THE CITY'S APPROVAL IS CONTINGENT UPON MPCA GRANTING A PERMIT FOR THIS OPERATION. 13. THAT THE CITY HAS THE RIGHT TO SHUT THIS OPERATION DOWN IF THERE IS AN EMINENT DANGER. AND THE CITY STAFF HAS THE RIGHT TO INSPECT THE PREMISES AT REASONABLE HOURS FOLLOWING NOTIFICATION. 14. THAT THE PLANT IS TESTED WITHIN 60 DAYS OF START UP UNDER WORST CASE CONDITIONS: 350 TONS/HOUR. 30% RECYCLED ASPHALT. AND THE WASTE OIL TO FUEL THE PLANT. THE TEST RESULTS MUST BE SUBMITTED TO THE CITY. 15. THAT THE HOURS OF OPERATION ARE FROM 7:00 A.M. TO 7:00 P.M. 16. THAT THE BAG HOUSE FILTER IS TESTED ONCE PER MONTH FOR LEAKS AND THE RESUL TS OF THOSE TESTS ARE COPIED TO THE CITY. 17. THAT THE CONDITIONAL USE PERMIT BE RENEWED EVERY TWO YEARS. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Site Plan Review for Big Wheel Auto Steve Rohlf. Building and Zoning Administrator. indicated that Big Wheel Auto received Council approval for their proposed site plan on July 20. 1987. Since that time Big Wheel Auto is proposing several changes to the original site plan. and therefore. is before the City Council with the proposed changes. Mr. Rohlf indicated that Big Wheel is proposing a maximum of 4 rental spaces besides themselves in their building. The square footage of the building will stay the same as originally proposed. Mr. Rohlf explained that the major changes consist of the location of the Big Wheel Auto Store in the building and the changing of the building from metal siding to rock faced block. He indicated that the number of parking stalls will remain the same. Planning Commission Representative. Arlon Fuchs. indicated that the Planning Commission recommended approval of the request. COUNCILMEMBER TRALLE MOVED TO APPROVE THE SITE PLAN REVISIONS REQUESTED BY BIG WHEEL AUTO WITH THE FOLLOWING STIPULATIONS: 1. THAT THE SIGNAGE BE REVIEWED BY THE PLANNING COMMISSION AND APPROVED BY CITY COUNCIL. 2. THAT ALL PARKING. LOADING. AND DRIVE AREAS BE HARD-SURFACED. 3. THAT LIGHTING MUST BE LIT TO A MINIMUM OF 1~ FOOT CANDLES AND THAT IT BE DIRECTED AWAY FROM ADJACENT RESIDENTIAL AND ROAD RIGHT-OF-WAY. e e e Page 5 City Council Minutes May 23. 1988 4. THAT UP TO FIVE TOTAL OCCUPANTS ARE ALLOWED IN THE BUILDING. 5. THAT PARKING SPACES ADJACENT TO THE MAIN ACCESSES INTO THE BUILDING BE LEFT OPEN FOR A FIRE ACCESS FOR EXITING THE BUILDING AND FIRE FIGHTING. 6. THAT THE DRIVE AROUND THE BUILDING BE A MINIMUM OF 20 FEET IN WIDTH AND MARKED FIRE LANE SO THAT NO PARKING WOULD BE ALLOWED IN IT. 7. THAT ANY OUTSIDE TRASH RECEPTACLE ASSOCIATED WITH THE BUILDING BE SCREENED IN A DESIGN HARMONIOUS WITH THE DESIGN OF THE BUILDING. 8. THAT THE LOADING AREAS ARE STRIPED AND SIGNED SO THAT THEY ARE NOT TAKEN UP WITH PARKING. 9. THAT THE LANDSCAPING ON THE SITE BE AS PER THE PROPOSED PLAN. BUT A MINIMUM OF 20% OF THE LOT. 10. THAT THE OUTSIDE APPEARANCE OF THE BUILDING BE AS PER THE REVISED SITE PLAN. 11. THAT THE PARKING STALLS REMAIN THE SAME AS IN THE ORIGINAL SITE PLAN OR AT LEAST MEET CODE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Job Description for Zoning Assistant The City Administrator distributed a job description for the position of Zoning Assistant. for Council review. He indicated that an ad for this position has been put in the paper and will run for two weeks. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE JOB DESCRIPTION OF ZONING ASSISTANT AS PRESENTED TO THE COUNCIL. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Noise Ordinance COUNCILMEMBER TRALLE MOVED TO ADOPT ORDINANCE 88-16. AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF ELK RIVER PROVIDING FOR THE REGULATION OF NUISANCES CAUSED BY NOISE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.1. City Administrator Update The City Administrator indicated that the Tax Increment Financing Plan #5 has been distributed to the County and the School and will be on the June 20. 1988. City Council Agenda. The City Adminisntrator informed the City Council that Mr. Larry Morrell has been looking at a site between Jackson Avenue and Highway 169. north of the School Administration Building as a possible site to relocate his trucking business. After Council discussion. it was the consensus that a different location for this business would be preferred. Page 6 City Council Minutes May 23. 1988 e The City Administrator indicated that the City will be working with Mr. Larry Morrell to aid him in finding a new location for his business. He indicated that the City is considering the possibility of locating a new City Hall on Larry Morrell's property. Discussion also took place regarding the fact that the Council is considering asking for RFP's for the old City Hall site. COUNCILMEMBER HOLMGREN MOVED THAT AN APPRAISAL BE OBTAINED FOR LARRY MORRELL'S PROPERTY AND ALSO FOR THE OLD CITY HALL SITE. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. There being no further business. COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING OF THE ELK RIVER CITY COUNCIL. COUNCILMEMBER TRALLE SECONDED THE MOTION. 'THE MOTION CARRIED 5-0. The meeting adjourned at 9:00 p.m. Sandy Thackeray Deputy City Clerk ~/C~ e e