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12-01-1986 CC MIN REGULAR MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, DECEMBER 1, 1986 e Members Present: Mayor Hinkle, Councilmembers Tralle, Gunkel, Schuldt and Engstrom Members Absent: None Staff Present: Patrick Klaers, City Adminsitrator; Stephen Rohlf, Building and Zoning Administrator; Terry Maurer, City Engineer; David Sellergren, City Attorney; and Peter Beck, City Attorney 1. The meeting of the Elk River City Council was called to order at 7:30 p.m. by Mayor Hinkle. 2. 12/1/86 City Council Agenda COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 1211/86 CITY COUNCIL AGENDA. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Open Mike e Mr. Bill Pollard, Librarian, indicated that Norma Coleman will be resigning from the Library Board on December 16 after 9 years of service. Mr. Pollard requested the Council to honor Ms. Coleman in some way for her years of service on the Board. Mr. Pollard further mentioned that Honeywell furnace for the Library in the near future and Library may have to be closed for a while due to will be working on the that because of this the no heat. Mr. Harry Kreuser discussed the zone change request which the Council denied at their November 3, 1986 City Council meeting. He indicated he felt there has been an oversite. Mr. Kreuser stated that the Council denied the zone change due to traffic and spot zoning. He indicated that at the present time they are an island and felt the zone change would correct this. He further stated that 3 out of 5 properties in the affected area are now requesting the zone change. Mr. Kreuser noted that as for traffic, he was under the impression that the street was a main artery and was specifically constructed to handle traffic. e Mrs. Barb Kreuser stated that the zone change and conditional use permit request were two separate actions. She noted the Council did not act on the conditional use permit. She further noted that all the comments in the minutes referred to the conditional use permit and not to the zone change and felt there was some confusion in the minutes. Mrs. Kreuser also stated that the Council had received a letter from the Chamber stating that this zone change would be in line with the plans of the Governor;s Design Team. Mrs. Kreuser further stated that if the Daycare is definitely not allowed in the area she would still request the zone change to R-3 zoning. PAGE 2 e City Council Minutes December I, 1986 MAYOR HINKLE MOVED THAT THE AND THE PLANNING COMMISSION REVIEW THIS PARTICULAR AREA FORA ZONE CHANGE REQUEST. COUNCILMEMBER GUNKEL SECONDED THE MOTION. Councilmember Gunkel noted that after the Council voted against the zone change a decision was made to determine that this item would be put on a future agenda to reevaluate zoning and to create a place in the ordinance for daycares. COUNCILMEMBER GUNKEL MOVED TO AMEND THE MOTION TO STATE THAT THE ZONE CHANGE REQUEST WILL GO BACK TO THE PLANNING COMMISSION AFTER THE CITY COUNCIL HAS REVIEWED THE AREA FOR ZONE CLASSIFICATIONS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE AMENDMENT PASSED 4-0. THE MOTION AS AMENDED PASSED 4-0. Mr. Paul Medenwald of 1986 Council meeting lights on Proctor and to whether the City whose responsibility it 12104 Highland Road noted that at the October 6, he had brought up the question of putting street Highland and Jackson and Highland and inquired as had decided if street lights could be put in and would be to pay for them. e The City Administrator noted that street lights had been discussed with the Utilities Commission at a recent Council meeting. He indicated that according to the Utilities Commission, property owners requesting street lighting on their property must pay for installing the lights and the monthly lighting bill. Mr. Medenwald indicated that Highland Road is a State Aid Highway and noted that since this is a safety hazard and a state aid road, it could be state funded because of the hazardous conditions and further because it is a highly travelled road. The City Engineer indicated that in order to install street lights with State Aid Funds, the street must be up to State Aid Standards and further indicated that Highland Road is not up to State Aid Standards. Mayor Hinkle noted that the Council should look at establishing some type of policy regarding street lighting and who should bear the costs. Mr. Medenwald then questioned why State Aid Funds were not used for the Ridgewood Overlay Project. The City Engineer noted that State Aid monies for an overlay cannot be used for a project that has not been built to State Aid Standards. e Mrs. Berniece Pipenhagen addressed the Council with regards to the traffic problem on Gates Avenue. She indicated she has been to several Council meetings regarding this same problem. She noted that while the Police Officers are enforcing the speed limit the situation does get better, however, when they are not around it is right back to the same e e e PAGE 3 City Council Minutes December 1. 1986 problems. She indicated she and other neighbors would like to see more traffic control on Gates Avenue. 4. Administrative Subdivision Request/United Methodist Church/Public Hearing Mayor Hinkle one parcel to approved. they indicated that the Church is combining three parcels into build a complete parking lot. He stated that once this is will need a conditonal use permit for a parking lot. Mayor Hinkle opened the public hearing. Mr. Bob McCartney stated he was representing the United Methodist Church. He indicated the Church is trying to bring the parking lot up to City Standards and noted that a variance was granted by the City in 1979 to use vacated Quinn Avenue for parking. He stated that at the present time the Church needs additional parking. Mr. George Harrapat questioned whether the Church had any plan of moving the building that is presently on the site. Bob McCartney stated that the church is planning on moving the building to the southeast corner of the property. Mr. Harrapat indicated that at the present time his property line runs through the building. Mayor Hinkle closed the public hearing. COUNCILMEMBER TRALLE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY UNITED METHODIST CHURCH. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 5. Administrative Subdivision Request by Roger & Donna Hanson Public Hearing Steve Rohlf. Building and Zoning Administrator. noted that Roger and Donna Hanson of 22130 Quinn Avenue were requesting an administrative subdivision to split a five acre parcel from a 20 acre parcel. leaving two parcels. one 5 acres and another 15 acres. Mr. Rohlf noted that both parcels would be in keeping with the Zoning Ordinance. Mayor Hinkle opened the public hearing. Marlene Hintges noted she had a concern regarding a blind corner. Mayor Hinkle noted this would have to be discussed at a different time as this does not relate to the administrative subdivision. Mayor Hinkle closed the public hearing. PAGE 4 e City Council Minutes December 1, 1986 COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ADMNISTRATIVE SUBDIVISION REQUEST BY ROGER AND DONNA HANSON WITH THE STIUPLATION THAT A $100 PARK DEDICATION FEE BE PAID TO THE CITY PRIOR TO THE RECORDING OF THE SUBDIVISION. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. Zone Change Request by Mr. & Mrs. Ronald Werner/Public Hearing Planning Commission Representative, Duane Kropuenske introduced this item to the Council. He noted that Mr. & Mrs. Werner are requesting a zone change from R-4 to C3-a. He noted that the south half of the property is already zoned C3-a and the Werner's are requesting that the entire property be zoned C3-a. Commissioner Kropuenske noted that the Planning Commission unanimously voted in favor of the zone change because they felt a C3-a zone would be the best use of the property. He further stated that the Planning Commission also recommended that the City Council change the land use map from High Density to Highway Business. Mayor Hinkle opened the public hearing. Mr. Gil Darkenwald stated he was representing the Werners. e Mayor Hinkle closed the public hearing. Councilmember Schuldt questioned whether a stacking problem could develop on 169 if the property were zoned commercial. Mr. Darkenwald stated there would be anothe access which was not shown on the map and felt there would be no stacking problem. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE ZONE CHANGE REQUESTED BY MR. & MRS. RONALD WERNER FROM R-4 TO C3-A. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER TRALLE MOVED TO REVISE THE LAND USE MAP TO REFLECT HIGHWAY BUSINESS. COUNCILMEMBER 'GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4- o. 6.5. Administrative Subdivision Request/Ronald & Myra Werner/Public Hearing The Building and Zoning Administrator noted that Mr. & Mrs. Werner were requesting to split an approximate 5.3 acre parcel of land into 4 parcels, 3 of which would be approximately one acre and the fourth would be the remainder of the parcel, being approximately 2.3 acres. He indicated this property lies to the north of Main Street and west of Highway 169. The Building and Zoning Administrator noted that there is a private drive that would access the properties. e Mayor Hinkle opened the public hearing. No one appeared for or against the matter. Mayor Hinkle closed the public hearing. PAGE 5 City Council Minutes Decemb er I, 1986 e COUNCILMEMBER GUNKEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION RIQUEST WITH THE STIPULATION THAT AN EASEMENT AGREEMENT BE ENTERED INTO WITH THE FOUR PROPERTIES INVOLVED AND FURTHER THAT THIS ROAD SHALL BE A ~RIVA'rn ROAD. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Variance Request by Oak Crest Partnership/Public Hearing Commissioner Kropuenske stated that Oak Crest Partnership was requesting a 5 foot encroachment on the 10 foot rear setback for a garage. He noted there was an error when the slab was poured for the garage and further stated that the setback was missed by staff when inspected. Commissioner Kropuenske noted that there is also a request for a 2 foot variance on the 5 foot required setback for the garage on the north side of Parcel C. He indicated the reason for this request is because the surveyor misread the surveying stakes. The Building developer to required 10 the developer and Zoning Administrator noted that staff allowed the pour the slab for the garage encroaching 5 feet onto the foot setback due to the fact that they were led to believe also owned the property to the north of the land. e Commissioner Kropuenske stated that the Planning Commission denied the 5 foot encroachment on the north property line and approved the 3 foot encroachment on the east property line contingent on a fire wall. Mayor Hinkle opened the public hearing. The Building and Zoning Administrator noted that Oak Crest Partnership has a purchase agreement but is actually not the owner at the present time. He indicated that at the time he allowed the slab to be poured he was led to believe that Oak Crest Partnership actually owned the property, and further noted that this was one of the reasons the Planning Commission voted to approve the variance. Berniece there is property. Pipenhagen a chance stated she was against the variance and stated that Oak Crest would happen to not further develop this Mayor Hinkle closed the public hearing. The Building and Zoning Administrator indicated that he spoke to Don Werner of Oak Crest Partnership who indicated they are interested in purchasing the property. The Building and Zoning Administrator further noted he felt the variance should stand on its own merit independent of whether Oak Crest own the property or not. e COUNCILMEMBER TRALLE MOVED TO APPROVE THE VARIANCE REQUEST OF THE THREE FOOT ENCROACHMENT ON THE EAST PROPERTY LINE CONTINGENT ON A FIRE WALL BEING INSTALLED. AND FURTHER TO DENY THE FIVE FOOT VARIANCE ON THE NORTH PROPERTY LINE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. PAGE 6 City Council Minutes December 1. 1986 e 8. Conditional Use Permit by Oak Crest Partnership/Public Hearing Commissioner Kropuenske indicated that Oak Crest Partnership is requesting a conditional use permit to construct a metal skinned garage on Parcel B. Commissioner Kropuenske stated that at the Planning Commission meeting discussion and comments from neighbors occurred regarding the unattractiveness and quality of the garages and how they would look in the future. He further noted that the Planning Commission recommended denial of the request unanimously. Commissioner Kropuenske noted that the Planning Commission also discussed the garbage containers on the property and the fact that they are not screened and are too low and may be a health hazard to small children. Mayor Hinkle closed the public hearing. Andy Wotonowitz stated that they are requesting a conditional use permit for metal garages so that they can follow through with the other building. He indicated that he felt by using wood on one garage and metal on another. it would not look very attractive. e Berniece Pipenhagen stated the existing metal skinned garage looks very shabby. Pat McCave stated he felt the garage is an eyesore and stated the garages should be made of a better quality material. Councilmember Gunkel stated that it was because of the existing building that the ordinance conditional uses to construct other metal-skinned of the unattractiveness was amended to require buildings. COUNCILMEMBER GUNKEL PERMIT TO CONSTRUCT SECONDED THE MOTION. MOVED TO DENY THE REQUEST FOR A CONDITONAL USE A METAL SKINNED GARAGE. COUNCILMEMBER ENGSTROM THE MOTION PASSED 4-0. 9. Conditional Use Permit Request by City of Elk River/Public Hearing Commissioner Kropuenske stated that the Planning Commission reviewed this request for a conditional use permit to allow a weight lifting club in the existing City Hall which is currently zoned C-1. He stated the Planning Commission unanimously voted to approve the conditional use permit request based on the following five recommendations: e 1. Showers be installed per State code. 2. Parking shall meet City Code. 3. Hours of operation from 9:00 a.m. to 10:00 p.m. 4. One year review of conditional use permit. 5. Limit to 100 square feet of signage to be flush with the building and no red signs to be used which might be confused with traffic signals. PAGE 7 City Council Minutes December I, 1986 e Mayor Hinkle the request. opened the public hearing. No one appeared for or against Mayor Hinkle closed the public hearing. COUNCILMEMBER TRALLE MOVED TO APPROVE THE REQUEST FOR A CONDITIONAL USE PERMI'!' TO ALLOW A WEIGHT LIFTING CLUB IN A C-l ZONE TO BE LOCATED AT 505 UPA DRIVE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. Zone Change Request by Mr. Lyle Talbot/Public Hearing Commissioner Kropuenske stated that Mr. Lyle Talbot is requesting a zone change on a piece of property currently zoned R-la to I-I. He noted that the general location of the propety is east of the Burlington Northern right-of-way adjacent to the Industrial Park and north of County Road #1. Commissioner Kropuenske stated that at the Planning Commission meeting there were two residents owning property adjacent to the affected property stating they were against the zone change and stated their intent was to develop the property to the north as residential and further stated they felt the zone change would harm the value of their property. Commissioner Kropuenske stated that the Planning Commission voted to deny the zone change request with a 5-1 vote. e Mayor Hinkle opened the public hearing. Mr. Bob Jacobs explained that the property north of the land will be residential at some time in the future. Mr. Ray Goodin indicated he represented Mr. Talbot. He indicated he would like to suggest that the City Council turn this back to the Planning Commission for reconsideration. Mr. Bill Brady indicated he felt residential dwellings in the area. was zoned as it presently is when zoning is changed there would be no that eventually there will be He further indicated that the land it was purchased and feels once the stopping what could go in the area. Mayor Hinkle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO DENY THE ZONE CHANGE REQUEST BY MR. TALBOT. COUNCILMEMBER TRALLE SECONDED THE MOTION. Councilmember Tralle stated that he concurred with Commission's vote. the PI anning Councilmember Gunkel stated she felt it was important that County Road #1 remain as the natural boundary between residential and industrial zones. e THE MOTION PASSED 4-0. PAGE 8 City Council Minutes December 1, 1986 e 11. Variance Request by Larry Loken/Public Hearing Commissioner Kropuenske stated that Mr. Loken of 17451 Tyler Street is requesting a 1,800 square foot variance on the 1,000 square foot maximum garage size to build a 2,800 square foot garage; a 9.5 foot encroachment on the 12 foot maximum height of a garage to build the garage 21.5 feet; and also a 150 foot encroachment on the 300 foot setback required from a metal skinned builing to a neighboring residence. Commissioner Kropuenske stated that the request was based on the fact that the property is sold to a couple who are truck drivers and they are buying the property contingent on the variance being approved so they can store their truck in the garage. Commissioner Kropuenske noted that the Planning Commission voted 6-0 to deny the variance request based on the fact that the encroachments were so excessive and that they did not want to set a precedent by granting such excessive variances. Mayor Hinkle opened the public hearing. No one appeared for or against the matter. Mayor Hinkle closed the public hearing. e MAYOR HINKLE MOVED TO DENY THE VARIANCE REQUEST FOR THE SAME REASONS THE PLANNING COMMISSION GAVE. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. Councilmember Tralle indicated he felt there were appropriate places in the City for truck terminals. The Building and Zoning Administrator noted that tractors and trailers are allowed on residential property. Councilmember Tralle indicated he felt the Ordinance should be looked at regarding this matter. 12. Variance Request by Joseph Bistodeau/Public Hearing Commissioner Kropuenske indicated that Joseph Bistodeau of 14285 191st Ave. in Elk River is requesting a 10 foot encroachment on the 20 foot side yard setback. Commissioner Kropuenske indicated that Mr. Bistodeau is planning on converting the existing garage into part of his home and then build a detached garage. He further stated that there were no residents present objecting and that the Planning Commission voted 6-0 to approve the request. Mayor Hinkle opened the public hearing. No one appeared for or against the matter. Mayor Hinkle closed the public hearing. e COUNCILMEMBER TRALLE MOVED TO APPROVE THE 10 FOOT VARIANCE REQUESTED BY JOSEPH BISTODEAU. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. The City Council recessed at 9:05 and reconvened at 9:10 p.m. PAGE 9 City Council Minutes Decemb er 1. 1986 e 13. Solid Waste Ordinance Amendment/Public Hearing City Attorney. drafting of a better regulate Peter Beck. reviewed with solid waste ordinance. all solid waste facilities the Council the reason for the He noted this ordinance will in the City of Elk River. Mr. Beck stated that his office had received several sets of written comments regarding the ordinance. He indicated he has been able to address and incorporate all sections that he felt had merit to the ordinance except certain comments which he had received today. Mr. Beck at this time briefly discussed the amendments made in the ordinance. The following are the Sections which were amended: 604.08. 604.14(1 & 2). 604.14(5a & 5b). 604.28. 604.28(4 & 4f). 604.34. Mayor Hinkle opened the public hearing. Dan Erhardt from Anoka County Board of Commissioners spoke generally on the conditional use permit and the Solid Waste Ordinance. He commented on regulatory duplications and stated he felt the conditional use permit adequately addresses the concerns and. therefore. felt the Solid Waste Ordinance was just duplicating this conditional use permit. e Mr. Jerry Johnson. Coordinator for Tri-County Solid Waste Commission was representing Frank Madsen and presented the Council with a resolution. Mr. Roger Miller. NSP Attorney stated that they are having difficulty in determining the need for the proposed ordinance. He noted that under existing regulations they are required to have a conditional use permit which can have special conditions attached to it and further stated that existing laws in the State and City would protect the public interest. Mr. Miller requested the following changes to the Solid Waste Ordinance: 604.04(3 & 4). Page 7 the words store and stored should be redefined to to state temporary storage of that type of material until it can be apropriate1y dealt with. 604.08 (1&2) - Question on fee structure. He indicated this applies to the conditional use permit and should be clarified whether this is a duplication for the fees contained in the general zoning ordinance. 604.08 (3) - He indi~ated Minnesota Statutes limits the fee to 7.5 cents per cubic yard. 604. 0 (3f) - The term best available technology is too vague. e 604.14(2) - Reference to even number year is incorrect. 604.14(5a) - Add the words "or continued suspension" after the words consider revocation. PAGE 10 City Council Minutes December I, 1986 e 604.28 - Regulations are repetitious of require~ents under the permitting process. the State of Minnesota 604.28(3a) - Word possible in line 5 should be changed to practicable 604.28(j) - Duplicative of MPCA requirements 604.30(3f) - Will need provision to allow recovered metals to be stored in open topped trucks and trailers. 604.30(n) - Add the words "during permitted receiving hours" at the end of the sentence. Mr. Miller indicated that these were the major changes they were requesting in the ordinance. Mr. Jerry Schroeder of 13575 Is1andview Drive thanked the City Council and Staff for drafting the ordinance with the intent of protecting the Citizens of Elk River. e Mr. Ron Myhre of 10022 175th Avenue indicated Dr. Johnson asked that he deliver the message to the Council that he has seen many accidents at the intersection of Main Street and Highway 169 and feels his patients will be at a risk if the route should be negotiated and allowed to include Main Street. Mr. Myhre also stated that he was in favor of adopting the ordinance as it stands. Mr. Tom Woods duplicative and the ordinance. responsive to the stated he has heard concerns about the ordinance being stated that we are adding local control to the project by He indicated he is hoping the City Council will be more needs and safety of the citizens of Elk River. Mr. Tim Thorton, Attorney from the 1awfirm of Hart, Bruner and O'Brien. stated he was representing the Elk River Sanitary Landfill. He indicated that there are several provisions in the ordinance that will put the Elk River Landfill out of business. He stated that the insurance, bonding and redundant provisions in the ordinance will harm the landfill. He further indicated that by adopting this ordinance the City is picking out one single entity. He urged the Council to eliminate the provisions of the ordinance that deals with the landfill because the landfill already deals with these provisions on Federal and State levels. Marlene Hentges indicated she has a contaminated well from the Landfill. She indicated the City needs regulations for Landfills. At this time City Attorney, Peter Beck, reviewed Mr. Miller's amendments and made the following revisions to the ordinance: e 1) 604.04 (3&4) - Where the words store and stored appear language shall be added to indicate the allowance of 30 days temporary storage of hazardous waste so that material can be appropriately dealt with. PAGE 11 City Council Minutes December 1. 1986 e 2) 604.08 (1&2) - Language will be cleaned up so that it is clear that building permit fees are not duplicative of licensing fees. 3) 604.08 (3) - Reference will be added to refer to State Statute to indicate 7.5 cents per cubic yard. 4) 604.14 (1&2) - References to the even-numbered year will be corrected. 5) 604.14 (5) - The words "or continued suspension" add~d after the word revocation. 6) 604.30 (3f) - The words "except that recovered metals may be stored in open topped trailers" shall be added. 7) 604.30 (3f) - The words "during business hours" shall be added at the end of the last sentence. This concluded the revisions proposed by Attorney Peter Beck. Mayor Hinkle closed the public hearing. e Counci1member Gunkel made some comments and had some questions regarding the solid waste ordinance. She questioned item 604.28 (4e). Discussion was held whether there was too much technical data required. It was the consensus of the Council. after further discussion. to insert the words "by request" at the end of item 604.28(4e). COUNCILMEMBER ENGSTROM MOVED THAT THE CITY COUNCIL ADOPT ORDINANCE 86-18, (SOLID WASTE ORDINANCE) WITH THE ABOVE REVISIONS MADE BY CITY ATTORNEY, PETER BECK. AND FURTHER WITH THE REVISION IN ITEM 604.28(4E). COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. COUNCILMEMBER GUNKEL MOVED TO EXTEND THE COUNCIL MEETING PAST MIDNIGHT. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Consider Conditional Use Permit for RDF Plant/Public Hearing Dave Se11ergren. City Attorney. discussed Draft #6 of the conditional use permit with the City Council. He indicated that Draft #6 was responsive to everything except to two letters he received in his office today. Mr. Se11ergren explained the amendments he had made in the conditional use permit (Draft #6) and also discussed the changes proposed by NSP from their letter dated November 26. 1986. Mayor Hinkle opened the public hearing. e Mr. Tim Thorton. Attorney. representing the Landfill indicated that #20 was unfair to the landfill since it will be taking away a large amount of business from the landfill. He questioned why the City would subject the Landfill to such a condition. PAGE 12 City Council Minutes Decemb er 1, 1986 e Mr. Leslie Davis of the Earth Protectors stated he felt the dioxin issue is not being fully addressed. He further stated the Conditional Use Permit is giving approval for the ash and dioxin. He further indicated the MPCA has not set any guidelines for Elk River and felt it was up to the local government to act in the best interest of the citizens. Mr. Miller, Attorney for NSP indicated NSP had concerns and some proposed amendments to the conditional use permit and further stated that the City's Attorney, Dave Se1lergren had previously reviewed the amendments. Mr. Ron Myhre he sees no City. stated he does not want the project in Elk River and stated benefit to Elk River by having the facility located in the Mr. David Briggs of 1111 4th Street in Elk River stated the Council should look at the facts more closely. He stated that the fact is that we are just changing our garbage. He stated he would propose that the City put their energy and money in solving the production of garbage. He further stated he hoped the Council would deny the Conditional Use Permit. e Mr. Tom Woods of 544 5th Street indicated there was no full and complete analysis of the risk for this project received from MPCA. He stated he did not feel MPCA has thought this matter out but are just tired of the whole situation. Mr. Woods urged the City Council to vote against the conditional use permit. Steve Shirts of 423 Quinn Avenue stated he felt this whole RDF process is a learning process for all people involved including UPA, NSP and MPCA. Dr. Robert Swan indicated that the concerned Citizens Group has tried to inform the people of Elk River, not frighten them. He stated he was concerned with the health problems that will come from the RDF Plant. He indicated he was against the project. Mayor Hinkle closed the public hearing. Dave Sellergren, City Attorney, made the following revisions in the conditional use permit draft #6: 1) Page 3, Item #10 - the words "in writing" be inserted after the word allowed. 2) Page 4, Item /117 - the words "associated with facility truck traffic" shall be added. 3) Page 4, Item 21B - the word "solely" shall be added after the words have been caused. e e PAGE 13 City Council Minutes Decemb er 1. 1986 Counci1member Tra11e indicated he felt the Council should deal with item #10 and that the issue of traffic should be resolved. It was indicated that at the present time UPA had not obtained permission from Burlington Northern or MnDot for cross over purposes. Mayor Hinkle indicated that it could be possible to allow the trucks to come to the signal on Highway #10 and Main Street and turn right and then use UPA Drive with the stipulation that UPA Drive be upgraded to be able to handle the traffic. Mayor Hinkle further indicated he would like to pass the conditional use permit and resolve this traffic item in the future. Counci1member Gunkel noted that On page 4. Item #17. 165th is the only area discussed and felt that if other roads would be used. that these should also be included. COUNCILMEMBER TRALLE MOVED APPROVAL OF RESOLUTION 86-86 A RESOLUTION GRANTING CONDITIONAL USE PERMIT AND HEIGHT VARIANCE FOR RDF FACILITY WITH THE STIPULATION THAT THE CORRECTIONS AS DISCUSSED WITH THE CITY ATTORNEY BE INCLUDED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 5-0. ~ 16. Check Register e COUNCILMEMBER TRALLE MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER GUNKEL SECONDED THE MOTION~ THE MOTION PASSED 4-0. 17. Adj ournment There being no further business. COUNCILMEMBER GUNKEL MOVED TO ADJOURN THE CITY COUNCIL MEETING. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 4-0. The meeting of the Elk River City Council adjourned at 1:00 a.m. J~ Sandy Thackeray Recording Secretary