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08-18-1986 CC MIN e e e REGULAR MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY . MONDAY. AUGUST 18. 1986 Members Present: Mayor Hinkle. Councilmembers Gunkel. Schuldt. Williams. and Engstrom Members Absent: None Staff Present: City Adminstrator. Patrick Klaers; Building and Zoning Administrator. Stephen Rohlf; Street Superintendent. Phil Hals Also Present: David Sellergren. City Attorney; Terry Maurer. City Engineer; and John Klovning of Cedar Corporation. City consultant for RDF facility proposal 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. RDF Discussion Councilmember Gunkel made a statement regarding her commitment to the citizens of Elk River as a council member; that as an employee of UPA. she has not been pressured in any way to vote favorably on the RDF issue by UPA. That no conflict of interest exists with her voting on the RDF issue; and she will participate and vote on the RDF proposal. Mayor Hinkle introduced Mr. Tom Woods. representative of the Concerned Citizens Against Garbage Burning who would be conducting the citizens open forum on the RDF issue. Mr. Tom Woods introduced Dr. Robert Swan of Elk River. who would speak on the health issues associated with the RDF facility. Dr. Swan explained that through his research and study. he has learned that garbage burning produces toxic air emissions. namely. acid gases. heavy metals. and organic compounds known as dioxins and furons. Dr. Swan noted the following acid gases produced by garbage burning; hydrogen choride and nitrogen oxide. Dr. Swan further noted that the higher temperature of the RDF process produces more of these acid gases that coal burning does and further. that these gases contribute to the acid rain problem. Dr. Swan explained that there is no criteria established. as yet. to determine safe/dangerous levels of some of the acid gases mentioned, so therefore, no standards or limits have been set. Dr. Swan stated that studies have indicated a 70-90% reduction in acid gases with scrubbers. 2 City Council Minutes August 18, 1986 e Dr. Swan the air risk was cans and found in expressed addresses said about discussed his concern with heavy metal paricu1ates going into such as lead, cadmium and chromium. Dr. Swan, stated that this also greater in RDF than with burning coal, and that even if metal are sorted out, before processing, heavy metals can be other materials processed such as printing ink. Dr. Swan his concern that the Environmental Impact Statement (EIS) only heavy metals as contaminants through inhalation and nothing is possible ingestion or absorption by humans. Dr. Swan also outlined concerns with organic compounds, noting that there are 75 types of dioxins and 135 types of furons. Dr. Swan stated that these compounds have only been under study since 1975 and were discovered to be a result of municipal solid wastet burning. He further stated that dioxins have been proven to be very toxic and known to cause birth defects, liver disfunction and depression of the immune system. e Dr. Swan stated that the MPCA put out the EIS as an assessment of the effect of pollutants caused by the RDF processing and burning. He further stated that he feels the EIS makes the assumption that there would be no tumor promotion and that this is not correct as carcinogens would be emitted and could act together with other carcinogens to produce cancerous tumors. In conclusion, Dr. Swan stated that he felt the RDF processing plant should not be built because the whole operation would be detrimental to the health of the residents of Elk River. Ron Myhre, resident, discussed his concerns with safety of workers in the separation plant due to exposure to hazardous household chemicals. Mr. Myhre explained the 1983 Minnesota Employee Right to Know Act and that he felt NSP would not be able to comply with this law. Mr. Myhre further explained that the law requires the employer to provide accurate information on all hazardous chemicals the employee may come in contact with and that would not be possible with all the unknowns coming into the separation plant, this would not be possible. Other concerns noted by Mr. Myhre were: (1) traffic, odor, noise, garbage along highway and at the site. (2) no requirement for a plastic liner over the cement tipping floor and possibi1tiy of leaking through cracks. (3) possibility of ground water and river contamination if waste tank were to leak. Mr. Myhre concluded that he felt burning, burying and pollution were not the answers to the garbage disposal problem and that other methods must be developed. e 3 City Council Minutes August 18. 1986 e Next. Mr. Woods introduced Mr. Jerry Schroeder. teacher and Right to Know area consultant. Mr. Schroeder stated that he felt NSP was using the landfill problem as bait when they say that there will be a 70% reduction in the amount of waste that goes into the landfill. Mr. Schroeder says that 25% reduction is more likely. He further stated that the ash will have to go into the landfill and even if the ash tests out to be too toxic. it will just be diluted and will go into the landfill anyway. He explained that even though the various counties to be involved wi1 be responsible for their own waste rejects. there is nothing to prevent them from contracting with a private landfill to dispose of the rejects and it potentially could still go into the Elk River Landfill. Mr. schroeder stated that NSP will be contracting with counties and municipalities for 1.500 tons' of solid waste per day at a cost of $35 to $55 per ton. With a 260 day a year operation processing 1.500 tons of garbage a day at an average of $45 per ton for the 20 year contract. Mr. Schroeder explained that amounted to more than 350 million dollars that NSP would take in. Mr. schroeder also stated that for every 1.8 million spent at the burning facility. only one job would be provided. and for every 15 million spent at the separtion plant. only one job would be provided. It Mr. Dave Briggs. a carpenter and resident of Elk River. discussed recycling as an alternative to burning and burying solid waste. Mr. Briggs reviewed a case history of a recycling program in New York City which was done at a 75% recycling rate using bottles. cans. paper. plastic. scrap food and wood. He concluded his presentation by stating that incineration would cause future problems and that recycling was more efficient and would cause no additional pollution. Leslie Davis of Earth Protector of Minneapolis. spoke to the group regarding the importance of the decision before the Council. He stated that he felt there is a choice of two paths for the Council to follow; (1) negotiation and compromise with so called "Mechants of Greed." or (2) to stop the dumping,burning and burying of municipal and commercial waste and look for other methods of dealing with the problem. Marilyn Schroeder of the Community Hospice. and resident of Elk River presented a petition with 500+ signatures of Elk River residents against the proposed RDF processing plant and burning faci1itiy at UPA. e Mr. Tom Woods discussed the dangers of dioxins and furons and quoted various reports written about emissions from solid water burning plants in Sweden. West Germany. Canada. and the United States. Mr. Woods further discussed the UPA plant operation in the 1970's and non- compliance because of black smoke emissions. Mr. Woods concluded his remarks by stating that he felt the City needs more time to research the issue before making a decision that will affect the health and safety of its residents. He further concluded that there is no consensus on information coming out and that until more is known about the long term effects of burning RDF. the project should not be allowed. 4 City Council Minutes August 18, 1986 e Mayor Hinkle noted that the MPCA will be conducting a public meeting on Wednesday, August 20th, and that the City Council will also have a public meeting on Thursday, August 21st. He added that both meetings will be held at the Elk River Senior High Theater at 7:30 p.m. 3. Agenda The following agenda, 12.B. County Historical Resolution. items were added to the August 18, 1986 City Council Letter from Councilmember Williams, 12.C. - Sherburne Society Request, and 12.D. Traffic Signing COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE AUGUST 18, 1986 CITY COUNCIL AGENDA AS AMENDED~COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4'-0. 4. Minutes of 8/11/86 City Council Minutes Councilmember Gunkel requested that the discussion portion of Item 5.C., page 3, be revised to reflect the intent of the Council, as correctly indicated in the motion following the item. e COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MINUTES OF THE AUGUST 11, 1986 CITY COUNCIL MEETING AS. AMENDED. COUNCILMEMBER WILLIAMS. SECONDED THE MOTION . THE MOTION PASSED 4-0.. 5. Open Mike Mr. Joe Sipe, owner of the gas/service station at the intersection of Main Street and Highway #10, was present to ask the Council if they felt he would have a problem getting approval for a canopy over his gas pumps. Mr. Sipe stated that he was not aware his business was still considered non-comforming unless he went through the conditional use process. It was the general feeling expressed by the City Council that Mr. Sipe could go ahead and order the materials for the canopy and that he should proceed with the conditional use process as soon as possible. 6. Supplemental Public Properties Abutting Hearing for Bituminous Overlay Project for Certain Ridgewood East and Ridgewood East Third Additions Patrick Klaers, Administrator, stated that three additional properties have been included in the overlay project, as per the City Council's request. The owners of those parcels are Hagg Co,. Inc. (Lanesborough Heights Apartments), Don Hylanderer (Elk Ridge Estates), and Central Investment Corporation. Mayor Hinkle opened the public hearing. e No one was present to address the Council on this issue. Mayor Hinkle closed the public Hearing. COUNCILMEMBER SCHULDT MOVED TO ADD THE THREE PARCELS MENTIONED ABOVE TO THE RIDGEWOOD EAST. AND RIDGEWOOD EAST THIRD ADDITION OVERLAY PROJECT. COUNCILMEMBER .ENGSTROM SECONDED THEMOTION~ THE MOTION PASSED 4-0. 5 City Council Minutes August 18, 1986 e 7. Deerfield 3rd Addition Final Plat Mr. Dennis Taylor, Surveyor for the developers, reviewed changes in the proposed plat, noting the addition of a service road on the west edge of the plat, the division of several lots to create four additional lots in the subdivision, relocation of the 191st cul-de-sac access, a proposed roadway through Block 4 access to the 40 acre parcel to the east, the realignment of the access to Elk Hills Drive as recommended by Terry Maurer, and the addition of two outlots eliminating the park land as previously proposed. Discussion was carried on regarding the changes. The Council expressed their feeling the proposed changes improved the overall plat layout. Councilmember Gunkel stated that she felt it was appropriate that the City claim an easement for the service road to run along the western edge of the entire plat at this time to avoid any future problems. It was determined that the roadway marked 190th Lane was incorrect and should be 190th Avenue. e Discussion was carried on regarding the proposed changes and it was determined that the plat could be approved with several conditions, without going back to the Planning Commission. Planning Commissioner, Arlon Fuchs, questioned Terry Maurer, City Engineer, what the time frame would be for getting the northerly access to the plat on Highway #169. Mr. Maurer stated that he was working with MnDOT on the access layout and would be submitting to the Brainerd office next week for their comments. Further discussion was carried on regarding the proposed access to Highway #169. It was determined by the City Council that all necessary easements for the roadway from MnDOT and the land owners must be recorded before allowing the final plat to be recorded. Discussion of the signage for the plat followed. It was determined by the City Council that the signage would be addressed by the Planning Commission as part of the PUD agreement review periods. Councilmember Gunkel questioned Mr. Maurer whether or not he felt secure that MnDOT will grant the access onto Highway #169. Mr. Maurer stated that he did not foresee any problems and that in fact, MnDOT has been very helpful getting the process moving. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE DEERFIELD 3RD ADDITION FINAL PLAT WITH THE FOLLOWING CONDITIONS: e 1. THAT THE NINE STAFF RECOMMENDATIONS AS OUTLINED ON PAGE TWO ON THE BUILDING AND ZONING ADMINISTRATOR'S MEMO TO THE MAYOR AND CITY COUNCIL DATED AUGUST 14, 1986, BE CONSIDERED AS REQUIREMENTS FOR THE APPROVAL OF THIS FINAL PLAT. 6 City Council Minutes August 18. 1986 e 2. THAT A ROAD EASEMENT FOR A SERVICE ROAD ON THE WESTERN BOUNDARY RUNNING THE LENGTH OF THE ENTIRE DEERFIELD 3RD PLAT BE GRANTED TO THE CITY. 3. THAT THE NAME CHANGE OF 190TH LANE TO 190TH AVENUE BE MADE IN THE FINAL PLAT. 4. THAT THE SIGNAGE BE APPROVED BY THE BUILDING AND ZONING ADMINISTATOR. PLANNING COMMISSION AND CITY COUNCIL. 5. THAT THE EASEMENT FOR THE HIGHWAY /1169 ACCESS BE RECORDED BEFORE SIGNING AND RECORDING OF THE FINAL PLAT. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 5-0. 8. Sealcoating of Parking Lots COUNCILMEMBER WILLIAMS MOVED TO APPROVE THE AWARDING OF THE CONTRACT TO BLACKTOP PARKING LOTS AT 5TH AVENUE AND HOLT AND 195TH AND ULYSSES STREET TO BATZER CONSTRUCTION. INC. AT A COST OF $8.850.00. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. e 9. Resolution Amending Resolution 86-40 regarding $105.000 G.O. Equipment Certificates COUNCILMEMBER GUNKEL MOVED TO APPROVE RESOLUTION 86-54. A RESOLUTION AMENDING RESOLUTION 86-40~ AUTHORIZING THE ISSUANCE OF $105.000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES. SERIES 1986A. COUNCILMEMBER WILLIAMS SECONDED THE MOTION~ THE MOTION PASSED 4"-0. 10. Ordinance Amendment for Burlington Northern Railroad/Public Hearing Mayor Hinkle opened the public hearing. Mr. Richard Kronk. of Donahue and Associates. reviewed the request of Burlington Northern to locate a signal maintenance building on the west side of Proctor Avenue on the north side of the railroad tracks. Mr. Kronk stated that the building to be placed at this site would be moved here from Deleno. Discussion was downtown area parking lot. carried on regarding the removal of the old depot in the and the possibility of the site being converted to a City Mayor Hinkle closed the public hearing. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE ORDINANCE AMENDMENT TO ALLOW RAILROAD MAINTENANCE. BUILDINGS AS A CONDITIONAL USE IN RAILROAD RIGHT OF WAY WITHIN R4 ZONED DISTRICTS. COUNCILMEMBER WILLIAMS SECONDED THE e MOTION. THE MOTION PASSED 4-0. e e e 7 City Council Minutes August 18. 1986 11. Conditional Use for Burlington Northern Railroad/Public Hearing Mayor Hinkle opened the public hearing. Planning Commission Chairman. Tralle. reviewed the six recommendations of the Planning Commission on this issue. Discussion was carried on regarding the blacktopping of the parking lot. Mayor Hinkle closed the public hearing. COUNCILMEMBER GUNKEL MOVED APPROVAL OF THE CONDITIONAL USE FOR BURLINGTON NORTHERN RAILROAD SUBJECT TO COMPLIANCE WITH -THE RECOMMENDATIONS OF - THE PLANNING COMMISSION". WITH - THE - EXCEPTION - - OF - THE REQUIREMENT - OF BLACKTOPPING OF- THE PARKING LOT AND THAT - GRANITE FINES BE USED INSTEAD. COUNCILMEMBER SCHULDT SECONDED THE MOTION. -THE MOTION PASSED 4-0. - 12. Other Business A. Piwowar Property Councilmember Schuldt noted that the improvements made by Mr. Piwowar were acceptable. but asked the Building and Zoning Administrator to request the the following also be done: (1) that the pile of junk wood next to the shed be removed so it was out of site (2) that the Utilities be contacted regarding the fire hydrant buried in the weeds (3) that the tree inspector check out the standing dead trees to be removed (4) that the brush on the property be cleaned up by Mr. Piwowar B. Letter from Warren Williams Councilmember Williams stated that due to the recent sale of his residence. his family would be relocating to Mesa. Arizona and that he would be resigning from the City Council. effective August 19. 1986. C. Sherburne County Historical Society Request Mr. K1aers stated that the Historical Society has contacted the City to place an ad for the City. at a cost of $250.00. in a a book they plan to publish on the history of Sherburne County. COUNCILMEMBER ENGSTROM MOVED THAT THE CITY ADMINISTRATOR BE DIRECTED TO CONTACT THE CHAMBER OF COMMERCE TO PARTICIPATE-AND SHARE THE COST OF PLACING-AN AD FOR THE CITY OF ELK RIVER IN THE PROPOSED HISTORY OF SHERBURNE - COUNTY BOOK. COUNCILMEMBER SCHULDT SECONDED -THE- MOTION". THE MOTION PASSED 4-0. e e e 8 City Council Minutes August 18, 1986 D. Resolution from Police Chief COUNCILMEMBER SCHULDT MOVED TO APPROVE RESOLUTION 86-55, A RESOLUTION REQUESTING COUNTY . ACTION. TO IMPROVE TRAFFICE SAFETY ON COUNTY ROAD 30. COUNCILMEMBER ENGSTROM SECONDED THE MOTION.. THE MOTION PASSED 4- o. Councilmember Schuldt and Mayor Hinkle stated that they felt it was not appropriate for the summer help to drive the squad car to deliver council packets. E. MPCA Meeting COUNCILMEMBER GUNKEL MOVED THAT THE BUILDING AND ZONING ADMINISTRATOR PRESENT A BRIEF STATEMENT AT. THE... MPCA. MEETING. ON . THE RDF. PLANT, STATING THAT THE. CITY WILL . REQUIRE THE LATEST . TECHNOLOGY FOR POLLUTION CONTROLS, I.E.. SCRUBBERS, FOR THE. BURNING . OF. RDF. MAYOR HINKLE SECONDED THE MOTION. THE MOTION PASSED 5-0; 13. Check Register COUNCILMEMBER GUNKEL MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER ENGSTROM SECONDED. THE MOTION ~ THE MOTION PASSED 4-0.. . 14. Adjournment There being no further MEETING BE ADJOURNED. MOTION PASSED 4-0; business, COUNCILMEMBER GUNKEL MOVED THAT THE COUNCILMEMBER SCHULDT SECONDED THE MOTION.. THE The Elk River City Council adjourned at 11:20 p.m. Respectfully submitted, 2:tbrdJ2 ~h Deborah Kleckner Recording Secretary z/ -( cie-rUJlA ~