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01-16-1996 CC MIN - SPECIALSPECIAL MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, JANUARY 16, 1996 Members Present: Members Absent: Staff Present: Also Present: Vice Mayor Holmgren; Councilmembers Scheel, Farber, and Die~z Mayor Duitsman Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Terry Maurer, City Engineer; Kendra Lindahl, Zoning Assistant; Steve Ach, City Planner; Steve Rohlf, Building and Zoning Administrator; Lad Johnson, Assistant City Administrator James Tacheny, Planning Commission Representative .Call Meetin,q To Order Pursuant to due call and notice thereof, the special meeting of the Elk River City Council was called to order at 6:00 p.m. by Vice Mayor Holmgren. Consider Aqenda Item 4, Consider 1/8/96 Council Minutes, was withdrawn from the consent agenda and Item 7.7., Universal Signs, Inc.,/Video Update Request for Variance, was withdrawn. COUNCILMEMBER DIETZ MOVED TO APPROVE THE COUNCIL AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Consent A.qenda COUNClLMEMBER DIETZ MOVED TO APPROVE THE CONSENT AGENDA, WITH THE EXCEPTION OF ITEM #4, AS FOLLOWS: 5.1. 5.2, 5.3. 5.4. APPROVAL OF THE FOLLOWING LICENSES: ClGARETI'E, BEER OFF-SALE/HOLIDAY STATION STORE; THERAPEUTIC MASSAGE/THERAPEUTIC MASSAGE ESTABLISHMENT/KlM SCHEEL; CIGARETTE, ELK RIVER BOWL; MECHANICAL AMUSEMENT DEVICE, DYNAMIC SPORTS; KENNEL, GRACE OSTEIN MAINTENANCE AGREEMENT FOR BRIDGE 86515 BETWEEN WRIGHT COUNTY AND THE CITY OF ELK RIVER -- APPROVED REQUEST BY CITY PLANNER TO ATTEND NATIONAL PLANNIN,.~ CONF,~RENCE - - APPROVED RESIGNATION OF PETE REARDON, ELECTRO-MECHANICAL TECHNICIAN/WWTS OPERATOR AND REQUEST TO ADVERTISE FOR REPLACEMENT -- APPROVED COUNCILMEMBER F/-,RBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Special City Council Meeting January 16, 1996 Page 2 4. Consider 1/8/96 Council Minutes The City Clerk requested that there be a correction to the 1/8/96 Council minutes to include Councilmember Holmgren's request to correct Item 7.4., of the 12/18/95 City Council minutes to reflect a sixth condition requesting the Kraus Anderson trailer to be removed immediately from the site. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE 1/8/96 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.5. Consider Resolution Ordedn,q Public Hearin,q for Moratorium on the Establishment of Pawn Shops Withdrawn 5.6. Code Enforcement Update Zoning Assistant Kendra Lindahl reviewed the 1995 complaints received regarding ordinance violations. She indicated that the city received 78 complaints in 1995 and that a majority of them have been resolved. She further indicated that there are sixteen complaints that are still ongoing. 5.7. Utilities Commission Update Councilmember Dietz updated the Council on action taken at the January 9, 1996, Utilities Commission meeting. 5.8. Consider Special City Council Meetin,q Dates COUNClLMEMBER DIETZ MOVED TO CALL A SPECIAL JOINT MEETING OF THE CITY COUNCIL AND ELK RIVER UTILITIES COMMISSION TO BE HELD ON FEBRUARY 12 AT APPROXIMATELY 7:00 P.M. OR IMMEDIATELY FOLLOWING THE EDA MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER FARBER MOVED TO CALL A SPECIAL JOINT MEETING OF THE CITY COUNCIL AND SHERBURNE COUNTY BOARD OF COMMISSIONERS ON MARCH 19 AT 6:30 P.M. TO BE HELD AT THE SHERBURNE COUNTY GOVERNMENT CENTER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.9. Finance Award City Administrator Pat Klaers advised the City Council and citizens of Elk River that the city has received the Certificate of Achievement for Excellence in Financial Reporting for the 1994 fiscal year. The City Administrator indicated that it was appropriate to give recognition to the Finance Department as this award has been received for six consecutive years. Assistant City Administrator Loft Johnson acknowledged the efforts of the finance staff and thanked Lori Ziemer, Joan Frick, and Brenda Ebner for their hard work and dedication. 5.10. Review the 199,, Policy Chan.qe Re.qardin.q the Role of the City En.clineer in Plannin.q Public Improvements Within Private Developments Special City Council Meeting January 16, 1996 Page 3 City Administrator Pat Klaers indicated that in 1994 the City Council approved a change in the engineering policy by adopting resolution 94-105 which allowed developers to use another engineer other than the city engineer for certain types of public improvement planning work, City Engineer Terry Maurer indicated that there have been no negative effects from the policy change. City Administrator Pat Klaers recommended that the City Council continue working under Resolution 94-105. The City Council concurred with the City Administrator's recommendation. 5.11. Consider Phoenix Enterprises Request for the City En,qineer to Prepare the Grading Plans for Hillside Crossing II City Administrator Pat Klaers indicated that the city has received a request from Phoenix Enterprises to have the City Engineer complete the grading plan for a private development project. The City Administrator indicated that this is not consistent with the city's current policy. The City Administrator stated that staff, including the City Attorney, is recommending against the request for the reasons outlined in his 1/16/96 memo. The City Administrator indicated that if it is the Council's desire to grant the request, he would suggest that the policy not be changed and that this request be treated as an exception to the policy. Marly Glines indicated that 90 percent of the design work is currently being done by the city's engineer. COUNCILMEMBER FARBER MOVED TO APPROVE THE CITY ENGINEER TO DO THE GRADING PLANS FOR THE PRIVATE DEVELOPMENT PROJECT FOR PHOENIX ENTERPRISES PROVIDED THAT A WAIVER AND HOLD HARMLESS CLAUSE ARE SIGNED BY THE PRIVATE DEVELOPER. COUNCILMEMBER SCHEEL SECONDED THE MOTION. Vice Mayor Holmgren indicated that he suppods this motion because it is a commercial development as opposed to residential development, and further, because it is a very large project and a very small part of all of the work that MSA has done for the company to develop this certain project. THE MOTION CARRIED 3-0-1. Councilmember Dietz abstained. 5.12. Discussion of Capital Improvement Proclram - Continued from 1/15/96 Worksession The City Administrator indicated that no items were carried over from the January 15 Capital Improvement Program Council work. session, and therefore, there was no need for discussion at this time. It was noted that the Riverview Heights neighborhood meeting will be held on February 8, 1996. 7.1. Request for Final Plat by Randy Lindquist and Jeff Mastley - Weatherwood, Case No. P 95-01 City Planner Steve Ach indicated that Jeff Mastley and Randy Lindquist are requesting final plat approval to subdivide approximately 80 acres into 21 single Special City Council Meeting Page 4 January 16, 1996 family residential lots. Steve Ach indicated that the major outstanding issue of drainage has been reviewed by the City Engineer. Councilmember $cheel indicated her opposition to some of the requirements of the plat including bituminous streets, extension of Troy Street, and street lights, and fudher indicated her opposition to park dedication fees and surface water management impact fees. COUNCILMEMBER DIEI'Z MOVED TO ADOPT RESOLUTION 96-4, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR THE WEATHERWOOD PLAT, CASE NO. P 95-01. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.8. General Plannin.cl Permit Application Zoning Assistant Kendra Lindahl indicated that the city occasionally receives requests for planning issues that do not fit under a conditional use permit, a variance, or any other planning applications. She indicated that in order to deal with these items quickly and consistently, staff has created a new permit which will be called a general planning permit application. She indicated that staff is proposing a fee of $50 to cover some of the administrative costs associated with these applications. COUNClLMEMBER DIETZ MOVED TO APPROVE THE GENERAL PLANNING PERMIT APPLICATION WITH A FEE OF $50. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNClLMEMBER DIETZ MOVED TO RECESS AT 6:35 P.M. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. o The City Council reconvened at 7:00 p.m. Open Mike- No one appeared for this item. 7.6, Larry Rohlf Request for Amendment to a Conditional Use Permit, Public Hearinq, Case No CU 95-28 Kendra Lindahl indicated that Larry Rohlf is requesting that the speed limit and directional sign requirements be removed from his mini-storage conditional use permits CU 89-10 and CU 90-07. She indicated that the mini-storages are located at 11885 and 11869 1921/2 Avenue NW. Kendra Lindahl indicated that the conditional use permits issued in 1989 and 1990 had a number of conditions. She further indicated that staff inspected the property and found that there were three conditions that had not yet been met. · The 5 m.p.h, speed limit signs were not posted on either lot. · The exit only and enter only signs were not installed on either lot. · The planting of nine trees on Lot 2 and ten trees on Lot 3 according to the drainage plan wcs not yet completed. Special City Council Meeting Page January 16, 1996 Kendra Lindahl showed a video of the location. She indicated that the Planning Commission reviewed the request for amending the conditional use permits and recommended to eliminate the sign requirements, but added a condition that all replacement trees be of a size and condition that will help the property meet the most current landscaping ordinance. · Planning Commission Representative James Tacheny indicated the Planning Commission felt that speed limit signs were not necessary due to the small amount of traffic in the area. Vice Mayor Holmgren opened the public headng. Pete Rohlf, property owner, indicated that there was never a need for the speed limit signs. He indicated that he received a letter from the state indicating that 1.5 cars travel that road per day. Pete Rohlf requested the city to reimburse him for the cost of notifying surrounding residents and applying for an amendment to the conditional use permit in the amount of $235. He indicated he was paying to eliminate signs that were unnecessary in the first place. Councilmember Farber indicated that he had a problem with having Mr. Rohlf pay for something that was not necessary. Councilmember Scheel indicated that she was opposed to the conditions. There being no further comments from the public, Vice Mayor Holmgren closed the public headng. COUNCILMEMBER DIETZ MOVED TO APPROVE THE AMENDMENT TO CU 90-07 AND CU 89-10 TO ELIMINATE THE $ M.P.H. SPEED LIMIT SIGNS AND THE ENTER ONLY AND EXIT ONLY SIGN REQUIREMENTS AT PETE'S MINI-STORAGE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. It was the consensus of the City Council to discuss the possibility of refunding the conditional use permit amendment fees to Pete Rohlf at another time. 7.2. United Power Association Request for Renewal of Conditional Use Permit for Solid Waste Facility, Public Headn.q, Case No. CU 95-29 Building and Zoning Administrator Steve Rohlf indicated that United Power Association is requesting renewal of its solid waste facility license and conditional use permit. Steve Rohlf reviewed the staff report on this issue. Steve Rohlf indicated that staff is recommending that the two year renewal permit be changed to four years. He further indicated that language is being incorporated into the conditional use permit and license that would automatically add new performance standards set by Minnesota Pollution Control Agency into the City's permit, if they are more restrictive. Steve Rohlf indicated that the environmental protection agency has modified some language on the testing of boilers. Steve Rohlf indicated that when this issue is reviewed by the state, UPA may be before the Council with a request to modify the language to be consistent wi~h the Environmental Protection Agency language in regard to the frequency of testing the boilers. Special City Council Meeting Page 6 January 16, 1996 Planning Commission Representative James Tacheny indicated that the Planning Commission recommended approval. 7.3, 7,4, Vice Mayor Holmgren opened the public headng. Jim Eggen of UPA introduced himself and offered to answer any questions regarding this subject. There being no fudher comments from the public, Vice Mayor Holmgren closed the public hearing. Councilmember Farber indicated his concern regarding the odor emitted from the plant. COUNCILMEMBER DIETZ MOVED TO APPROVE THE SOLID WASTE FACILITY LICENSE AND CONDITIONAL USE PERMIT CU 95-29 FOR UNITED POWER ASSOCIATION WITH THE AMENDMENTS AS LISTED IN THE MEMO TO THE MAYOR AND CITY COUNCIL DATED DECEMBER 20, 1995. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Conditional use Permit by Strai,qhtline Excavation/Barton Sand and Gravel/for Mineral Excavation, CU 95-30 Building and Zoning Administrator Steve Rohlf indicated that Straightline Excavation/Barton Sand & Gravel are requesting approval of a conditional use permit for mineral excavation. Steve Rohlf reviewed staff repod on this issue. Planning Commission Representative James Tacheny indicated that the Planning Commission recommended approval of the conditional use permit for mineral excavation. Vice Mayor Holmgren opened the public hearing. There being no one for or against the matter, Vice Mayor Holmgren closed the public headng. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT AS DRAFTED IN THE MEMO TO THE MAYOR AND CITY COUNCIL DATED DECEMBER 20, 1995, FOR MINERAL EXCAVATION AS REQUESTED BY STRAIGHTLINE EXCAVATION/BARTON SAND AND GRAVEL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Renewal of Conditional Use Permit and Solid Waste Facility License by the Elk River Landfill Building and Zoning Administrator Steve Rohlf indicated that Elk River Landfill is requesting to renew its conditional use permit and solid waste facility license. Steve Rohlf presented the staff repod on this issue. Planning Commission Representative James Tacheny indicated that the Planning Commission recommended approval of the conditional use permit and solid waste facility license. Vice Mayor Holmgren opened the public hearing. Special City Council Meeting Page 7 January 16, 1996 Vickie Kreger, Elk River Landfill, updated the Council on the progress the Elk River Landfill has made to date. There being no fudher comments from the public, Vice Mayor Holmgren closed the public headng. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT, CU 95- 31, AND SOLID WASTE FACILITY LICENSE AS DRAFTED IN THE MEMO TO THE MAYOR AND CITY COUNCIL DATED DECEMBER 20, 1995, FOR ELK RIVER LANDFILL. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.5. Northern States Power Request for Renewal of Conditional Use Permit and License for Solid Waste Facility, Public Headn.q, Case No CU 95-32 Building and Zoning Administrator Steve Rohlf indicated that Northern States Power has requested renewal of its solid waste facility license and conditional use permit. Steve Rohlf reviewed the staff repod on this issue. Planning Commission Representative James Tacheny indicated that the Planning Commission recommended approval of the conditional use permit and solid waste facility license. Vice Mayor Holmgren opened the public headng. Glen Kaas, representative of Nodhem States Power, indicated that NSP had no problems with the requirements of both the conditional use permit and solid waste facility license. There being no further comments from the public, Vice Mayor Holmgren closed the public headng. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE RENEWAL OF THE SOLID WASTE FACILITY LICENSE AND CONDITIONAL USE PERMIT CU 95-32 FOR NORTHERN STATES POWER WITH THE MODIFICATIONS AS LISTED IN THE MEMO TO THE MAYOR AND CITY COUNCIL DATED DECEMBER 20, 1995. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8. Other Business There was no other business. 9. Staff Updates There were no staff updates. Special City Council Meeting January 16, 1996 10. Adjournment Page 8 There being no further business, COUNClLMEMBER DIEi'Z MOVED TO ADJOURN THE MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. . . . . ....... . .. .. The special meeting of the Elk River City Council was adjourned at 7:35 p.m. Respectfully submittedy Sandra Thackeray Ci~ Clerk