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12-17-1991 PC MIN . . .- . MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE COMMUNITY EDUCATION CENTER DECEMBER 17, 1991 Members Present: Chairman Johnson, Commissioners Spotts, Eberley, Bischoff, Van VanValkenburg and Nadeau Members Absent: Commissioner Schroeder Staff Present: Stephen Rohlf, Building & Zoning Administrator; Janelle Szklarski, Zoning Assistant; Terry Maurer, City Engineer; Tim Keane, City Attorney; and John Lichter, Environmental Consultant 1 . Pursuant to due call and notice thereof; the meeting of the Elk River Planning Commission was called to order at 7:05 p.m. 2. Consider 12/17/91 Plannin~ Commission A~enda Item 10.5, Discussion Items; Report on City Council Meeting and Discussion of Annual Meeting Arrangements. COMMISSIONER BISCHOFF MOVED TO APPROVE THE 12/17/91 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER VanValkenburg SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consider 11/26/91 Plannin~ Commission Minutes Page 3, Paragraph 3, delete "recommend approval of" and change to read "approved". COMMISSIONER EBERLEY MOVED TO APPROVE THE 11/26/91 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4. Plannin~ Commission Representative to Attend 1/27/92 City Council Meetin~ It was indicated that Commissioner Nadeau would attend the 1/27/92 City Council Meeting. 5. Conditional Use Permit Renewal/Solid Waste Facilitv/By UPA/P.H. Steve Rohlf, Building and Zoning Administrator, stated that United Power Association (UPA) is up for renewal for both their conditional use permit and license. Mr. Rohlf briefly addressed air emissions standards as outlined in his memo. Chairman Johnson opened the public hearing. Don McConnon, Manager of UPA, stated that he didn't have any additional information to add other than what was presented by Mr. Rohlf. Chairman Johnson closed the public hearing. Planning Commission Mintues December 17, 1991 Page 2 . Gordon Moldenhauer was concerned with the disposal of batteries at UPA because of the mercury content. John Lichtert Environmental Consultant, stated that there are no current standards enforced by MPCA or UPA as far as mercury content. Mr. Kaas stated they usually do not get any batteries at the UPA facility as they have already been removed. COMMISSIONER NADEAU MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT RENEWAL BY UNITED POWER ASSOCIATION WITH THE STIPULATIONS AS CITED IN STAFF'S MEMO. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6. Conditional Use Permit Renewal/Solid Waste FacilitY/By NSP/P.H. Steve Rohlf, Building and Zoning Administrator, introduced this item by stating that Northern States Power (NSP) is requesting approval for the renewal of their conditional use permit and license. Mr. Rohlf stated that staff is not proposing any language changes but would like to reemphasize the importance of spot checks for material illegally thrown away in the garbage, then being processed and ultimately burned. . Mr. Rohlf further stated that staff is trying to negotiate with NSP for a drop off site for used oil. He stated that drop off sites tend to be a real mess if they are not supervised. The City of Elk River no longer has any drop off sites for used oil. Mr. Kaas stated that they had no objections to working wi th the Ci ty regarding a drop off si te for used oil. Mr. Rohlf stated that staff has developed a list of materials that are unacceptable to be delivered to NSP as stated in Mr. Lichter's memo dated 12/10/91. Mr. Kaas stated that they had no problem with the catagories that staff was proposing but they were concerned with the language. Mr. Kaas suggested the following changes: 1) "Hazardous" pesticides or pesticide containers in "significant quanti ties" as they felt that there are types of pesticides that are not hazardous such as insect repellants. 2) Flammable or compressed gas cylinders in "significant quanti ties" as there are items found in the home such as hair spray which can explode under pressure. 3) Powders or materials which could cause explosive dust conditions in "significant quantities." Mr. Kaas stated that one of the cheaper explosives is non dairy creamer. Mr. Rohlf suggested that NSP and staff work together prior to the City Council meeting to fine tune the language. John Lichter was in agreement that staff should take another look at the language regarding these wastes. . Mr. Kaas stated that they were also requesting that the Planning Commission and staff consider a 10 day time-frame rather than the 4 day time-frame for written notices after an incident at the NSP plant. He stated that MPCA requires two weeks for that same report. Mr. Kaas stated this would give NSP time to better review the situation and determine a cause for the explosion. Mr. Lichter stated that if NSP were to do any investigation it would probably take two weeks. Mr. Rohlf stated that staff has no problem with the 10 day time-frame as . . ~ . Planning Commission Mintues December 17, 1991 Page 3 long as staff was notified by telephone immediately after an incident (fire) at the plant. Mr. Kaas further stated that they were asking for a procedure to deal wi th emergency fuel shortages. Mr. Rohlf suggested that staff would like time to work with the attorney regarding this procedure. COMMISSIONER NADEAU MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT RENEWAL BY NORTHERN STATES WITH THE FOLLOWING STIPULATIONS: 1. THAT STAFF AND NSP WORK TOGETHER PRIOR TO THE CITY COUNCIL MEETING TO FINE TUNE THE LANGUAGE REGARDING DANGEROUS WASTES. 2. THAT STAFF AND NSP WORK TOGETHER REGARDING THE 10 DAY WRITTEN NOTICE REPORT ON ANY INCIDENT AT NSP. 3. THAT STAFF AND NSP WORK TOGETHER TO COME UP WITH A PROCEDURE TO DEAL WITH EMERGENCY FUEL SHORTAGES. 4. TO REINFORCE THE LANGUAGE REGARDING SPOT CHECKING AT THE NSP PLANT. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 7. preliminary Plat/Replat #1 Gospodor' s Orono Lake Addition/By the City of Elk River/P.H. Janelle Szklarski, Zoning Assistant, stated that the City of Elk River is requesting approval for a replat of Blocks 1 and 2, and Outlots A, B, and C Gospodor's Orono Lake Addition. She stated that this is the proposed site for the new Elk River City Hall and Police Station. The Planning Commission will only be considering preliminary plat approval at this time. The City will be requesting approval of a conditional use permit for the proposed City Hall and Police station at a later date. Ms. Szklarski, summarized the factors which related to the plat as outlined in her memo dated 12/9/91. Chairman Johnson opened the public hearing. Gordon Moldenhauer of 13116 183rd Ave., was opposed to the plat because of the realignment of Orono Road as this would be in violation of the resident's property. He was further concerned with his taxes being raised because of this project. Mr. Moldenhauer asked for clarification on why Orono Road was being realigned. Terry Maurer, Ci ty Engineer, addressed his concern statj ng that Orono Road was being realigned to accommodate the new City Hall and police station. The architects who were retained to develop this site, felt this was the best site for the City's long term plan as it provides quick access to Highway 10 and the property size will accommodate the future expansion planned for the community recreation facility. Kathy Nadeau, was concerned with the emergency vehicles exi ting the site. Ms. Nadeau stated that residents in the area have been told that . . - . Planning Commission Mintues December 17, 1991 Page 4 accessibility and response time for emergency vehicle is not an issue, but she felt it was. Chairman Johnson stated that police cars seldom leave the City Hall site for emergency calls. This is done while they are out patrolling the City's 44 square miles. Greg Nadeau was also concerned about the emergency vehicles exiting through the residential area. Mr. Nadeau suggested that the City offices be moved west of the fairgrounds which would give the police better access to Highway 10. He felt that the City offices would be better located in the center of the City. Steve Rohlf, Building and Zoning Administrator, explained that there was a community task force put together by the City Council to locate an appropriate building site for a new City Hall to best fit the needs of the City. Craig Hagman, 18230 Fresno Street, raised several concerns; He stated that he was concerned with the environmental impact of locating City offices in the middle of a residential and recreational area. He felt it would be difficult to have a building of this type close to the lake and make it look aesthetically pleasing. Mr. Hagman was also concerned with the public safety issue regarding the emergency vehicles exiting through the park and the residential areas. He felt there were alternati ve sites that would better accommodate the Ci ty Hall and police station which would be more centralized in the City. Mr. Hagman stated he was strongly opposed to the location of the new City Hall. Larry Ebert, 13133 182nd Avenue, was opposed to the realignment of Orono Road. Mr. Ebert felt that it was very premature of the City to act on this issue when there were a number of issues that were not yet answered such as how long is the bridge going to be out; how long is Fresno going to be open; why can't the bridge be done separately from the City Hall plat. Terry Maurer, Ci ty Engineer, addressed Mr. Ebert's concerns regarding the realignment of Orono Road. Mr. Maurer indicated that the road is being relocated to better accommodate the building site and to make it a more useable piece of land. He also stated that this alignment when fully f~xtended to Waco Street would separate the future commercial business park on the north from the residentially zoned property to the south. Mr. Maurer reviewed the history of the project; the realignment of Orono Road; the Main Street Bridge; the possibility of extending Fresno Street; and future development. Gwen Smith, 18290 Fresno Street, questioned whether it was legal to temporarily extend Fresno Street without the resident's consent. Sue Lenz, 13087 183rd Ave., was concerned with the realignment of Orono Road. If anyone misses the bend in the road they're going to end up in her back yard. Ms. Lenz further questioned the amount of green area that was suppose to buffer the commercial property from the residential area. . . . Planning Commission Mintues December 17, 1991 Page 5 Greg Nadeau stated that he was not only concerned about Fresno Street being connected to the new road, but also concerned about the sewer lift station and its location. He stated that he would like to see the lift station located towards the west end of the plat. The location of the lift station was discussed. Jeff Colbath, 13155 183rd Avenue asked what the distance would be from Orono Road to his back yard. Terry Maurer addressed his concern explaining the difference between the road right-of-way and the driving surface which would be about 13 feet. He further indicated that the east bound traffic lane is proposed to be about 25 feet wide. He explained that the road is wider than normal because there has to be enough room for the center median because of safety reasons. Mr. Colbath asked if the 13 ft. between his property line and the right-of-way would be landscaped. Mr. Maurer stated that generally the berm would be sodded. Gordon Moldenhauer was also concerned with the location of the City offices because of the accessibility and jeopardizing the recreational needs of the resident in the area. Irv Moldenhaurer, 12860 Orono Road, concurred with the concerns of the other residents. He was also opposed to the realignment of Orono Road. One of the residents of the area suggested that the lighting be minimal so as to not be intrusive to the residential area. Terry Davis, 12967 Orono Road, would like to see the natural vegetation along the shoreline be maintained as much as possible Commissioner VanValkenburg explained that the City has been struggling wi th a new location for the City offices for a number of years. He further stated that some property had been given to the City and in order to better develop that property to it fullest extent Orono Road has to be aligned the way its shown on the plat. He stated he was sensitive to the resident's concerns. Commissioner VanValkenburg further stated that when Orono Road was laid out to maximize this property, the road got awfully close to the residential area. He suggested that maybe the City could compromise and give up some footage by moving the road further to the north so as to better buffer the residential lots from the commercial area. This was also the general consensus of the Commission. Kelly Carter, 18239 Denver, felt that just because the City was given some land it was not a good enough reason to build a City Hall and police station in that area especially because it will bring a lot of new traffic to an already traffic congested area. Ms. Carter suggested al ternati ve sites such as the industrial park and areas more centralized. Jeff Colbath, 13155 183rd Avenue, was concerned with the speed limit on Orono Road, and also sewer and water assessments. Mr. Maurer addressed his concerns stating that the speed limit would be about 30-35 mph for safety reasons. He further stated that when sewer and water is brought . . . Planning Commission Mintues December 17, 1991 Page 6 to the area, the existing rural lots would not be assessed. Sewer and water are planned to be extended to the si te as part of the Western Area Phase I Improvements. Chairman Johnson closed the public hearing. Commission Nadeau felt that because the land was donated it was more or less a cut and dried case. Commissioner Eberley also felt it was a good site as the City needs development to the west of the City. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE PRELIMINARY PLAT FOR REPLAT #l GOSPODOR' S ORONO LAKE ADDITION BY THE CITY OF ELK RIVER WITH THE FOLLOWING STIPULATIONS FOR CITY COUNCIL'S CONSIDERATION: 1. THAT LOT 3, BLOCK 1 BE CHANGED TO OUTLOT A, AND THAT THIS OUTLOT BE DEDICATED SPECIFICALLY FOR PARK PURPOSES, IN LIEU OF A PARK DEDICATION FEE. 2. THAT THE CITY IS RESPONSIBLE FOR INSTALLING STREET SIGNS AND STREET LIGHTS IN THIS PLAT. 3. THAT APPROVAL OF THIS PLAT IS CONTINGENT UPON THE ADOPTION OF THE PHASE I IMPROVEMENTS WESTERN AREA FEASIBILITY STUDY BY THE CITY COUNCIL. 4. THAT THE PROPOSED 183RD AVENUE IS MOVED A MINIMUM OF 25 FT. TO THE NORTH TO ALLOW FOR GREATER BUFFERING BETWEEN THE RESIDENTIAL AREA AND THE STREET. 5. THAT THE LIGHTING BE SAFE AND SUBDUED SO AS NOT TO AFFECT THE PRIVACY OF THE RESIDENTS IN THE AREA. 6. THAT THERE BE APPROPRIATE SCREENING BY WAY OF VEGETATION OF SUCH A NATURE THAT THE QUALITY OF THE VEGETATION WILL SCREEN AND ABSORB THE NOISE FROM THE POLICE VEHICLES AND RESIDENTS CLOSE TO THE ROAD. CITING THE FOLLOWING CONCERNS OF THE CITIZENS: THE DISADVANTAGE OF THE ROAD'S POSITION TO THE REAR OF THEIR PROPERTY; VEGETATIVE SCREENING OF THE BUILDING ITSELF: THE TEMPORARY ROAD GOING THROUGH THE CITY HALL SITE; STREET LIGHTING; POLICE & EMERGENCY VEHICLES; POSSIBLE EXTENSION OF FRESNO STREET; SEWER AND WATER ASSESSMENTS; AND FUTURE DEVELOPMENT TO THE WEST. ALSO CITING STAFF'S MEMO. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 6-0. A 10 minute recess was taken at this time. 8. Sexual Iv Oriented Land Uses Steve Rohlf, Building and Zoning Administrator, briefly reviewed his memo dated 12/3/91. Staff is recommending that Sexually Oriented Land Uses be looked at on a case by case basis as conditional uses. Staff . . . Planning Commission Mintues December 17, 1991 Page 7 further recommends that the I-1/Light Industrial and I-2/Medium Industrial zones be allowed for Sexually Oriented Land Uses. Mr. Rohlf gave a brief summary of the definitions which were related to the displaying of sexually oriented material. The main concern was that children would be exposed to the adult material. Chairman Johnson opened the public hearing. Tim Keane, City Attorney, stated that the City Council adopted a moratorium on adult related land uses on April 30, 1990. Since that time, the Planning Commission has studied Sexually Oriented Land Use issues at their work sessions where they studied the report of the Attorney General's Working Group on the Regulation of Sexually Oriented Business, articles, correspondence, and a number of research papers to consider alternative regulatory options as well as the impact of Sexually Oriented Land Uses on other communities. Mr. Keane suggested that all these documents be considered when reviewing this ordinance and that they be made part of the public record. Hours of operation were discussed. Mr. Keane suggested that the hours of operation be from 9:00 a.m. to 11:00 p.m. because by that time the elementary school age children would be in school. These hours would eliminate the accessibility and availability of sexually oriented material during those periods of high crime activity. Issues raised and discussed at the meeting included the following: How will Sexually Oriented Land Uses be controlled in a PUD? What keeps minors who are employed in a video store from viewing and having access to these material while under employment? How will live nude shows be controlled such as lingerie shows? Tim Keane stated that a City must provide a reasonable opportunity for adult uses to exist as determined by the U.S. Supreme Court. He further stated that while a Ci ty cannot exclude adult uses, it may exercise its jurisdiction in restricting placement of such businesses per the zoning ordinance. COMMISSIONER BISCHOFF MOVED TO TABLE THIS ISSUE AND CONTINUE THE PUBLIC HEARING TO THE NEXT SCHEDULED PLANNING COMMISSION MEETING TO GIVE THE PLANNING COMMISSION MORE TIME TO STUDY THE LIVE ENTERTAINMENT ISSUE. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Eberley stated she would like more time to comment on the citizen's input which was discussed at one of their workshops. 9. Mineral Excavation Overlay District Steve Rohlf, Building & Zoning Administrator, stated that staff is proposing that mineral excavation activities are regulated under an overlay zoning district. Currently, the City allows mineral excavation activities in the agricultural, light industrial, and medium industrial zones as conditional uses. Mr. Rohlf submitted a letter from Barton Sand and Gravel regarding the changes they would like considered . . . Planning Commission Mintues December 17, 1991 Page 8 --------------------------- regarding the proposed mineral excavation overlay district ordinance. Mr. Rohlf asked that their letter dated 12/12/91 be made part of the public record. Chairman Johnson opened the public hearing. Dick Peterson representing Barton Sand and Gravel stated that they had no additional comments other than what was presented in their letter. Mr. Pederson indicated that they were not opposed to the overlay zone. Chairman Johnson closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF AN ORDINANCE AMENDMENT TO SECTION 900.12 (PERMITTED, ACCESSORY AND CONDITIONAL USES), ALSO APPROVAL OF AN ORDINANCE AMENDMENT TO SECTION 900.10 (ZONING DISTRICTS) BY THE CITY OF ELK RIVER. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 10. Solid Waste Facilities Steve Rohlf, Building & Zoning Administrator, stated that an error was made when this ordinance was originally adopted. This ordinance amendment is being proposed to correct that error. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF AN ORDINANCE AMENDMENT TO SECTION 900.12 TITLED "PERMITTED, ACCESSORY AND CONDITIONAL USES" BY THE CITY OF ELK RIVER. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 10.5 Discussion Items Commissioner Eberley stated that the City Council intended to interview seven applicants for the three vacant positions on the Planning Commission. Chairman Johnson indicated that she needed the menu selection for their luncheon which is scheduled for their 1992 Annual Planning Commission Meeting to be held at the Elk River Country Club on January 18, 1992. 11. Adjournment There being no further business, COMMISSIONER NADEAU MOVED TO ADJOURN THE MEETING. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at approximately 11:20 p. m. Respectfully submitted, ShaJLIYJU Y!) ClfU-, Sharon Maue