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09-14-2009 CCMMEETING OF °THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MOfV Y, SEI°MBE 14, 2009 Members Present: Mayor ~~linzing, Councilmembers Westgaard, Gumphrey, Motin, and Zerwas Members Absent; None Sta~'f Present; City Administrator Lori Johnson, City Attorney Peter Beck., Director of Economic Development Catherine Mel~elich, Environmental Administrator Rebecca Haug, Planning Manager Jeremy Barnhart, Finance Director Tim Simon, and Recording Secretary Jessica Miller Also Present; Planning Comumissioners Dana Anderson, Troy Ives, and Chad Westberg ~. Call Meetin To Order Pursuant to due call and notice thereof, the meeting of tlae Elk River City Council was called to order at G:29 by Mayor I~linzing. . 2. Consider Council,.Agenda Item 5.2. was removed from the agenda at the request al' the applicant. MOVED BY COUNCILMEMBER WESTGAARD AND SECGNDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5~0. 3. Consider Consent A enda MOVED BY COUNCILMEMBER GUMPHREYAND SECONDED BY COUNCILMEMBER WESTGAARD TG APPROVE THE FOLLOWING CONSENT AGENDA; 3.1. SEPTEMBERS, 2009 CGUNCIL MINUTES 3.2. SPECIAL EVENT REQUEST BY ELIi RIVER HIGH SCHOOL FOR HOMECOMING PARADE ON SEPTEMBER 25, 2009, WITH THE FOLLOWING CONDITIONS: 1. GARBAGE CLEANUP SHALL BE COMPLETED IMMEDIATELY FOLLOWING THE PARADE 2. ®BTAIN PERMISSION FROM THE PROPERTY OWNER GF THE ELK RIVER THEATER PARKING LOT FOR THE PARADE STAGING 3. MN/DOT SPECIFIED SIGNS SHALL BE INSTALLED BY FRIDAY, SEPTEMBER IS PER THE MAP PROVIDED. THE "ROAD CLOSED AHEAD" SIGN LOCATED AT JACKSON AND 5TH STREET CAN BE INSTALLED JUST PRIOR TO'T]HfE PARADE EVENT 4, POLICE AND RESERVE SUPPORT WILL BE PROVIDED FOR TRAFFIC CONTROL City Council Minutes Page ~ September 14, 2009 5. NQTICE GF THE EVENT MUST BE GIVEN TG AREA CHURCHES AND APARTMENT CGMPLE~ES AFFECTED BY THE PARADE RGUTE G. CANDY MAYBE HANDED GUT AT THE PARADE BUT IS NGT ALLGwED TG BE THRGwN FRGM MGVING OBJECTS ~.3. REIMBURSEMENT FGR EXPENSES INCURRED FRGM w®RI~NG GN A PHGTG-ESSAY GF ELI RIVER'S HISTQRY AS OUTLINED IN STAFF REPGRT MGTIGN CARRIED 5-4. 4. 0 en Mire No one appeared for open mire. 5.1. Board/Commission Tn~erviews The Council interviewed Paul Bell, Eric Johnson, and Wallace Fox as applicants £or the Planning Commission. MGVED BY C®UNCILMEMBER ZERwAS AND SECGNDED BY C®UNCILMEMBER GUMPHREYTG APPOINT I~.RISTIN HARRIS TG THE HERITAGE PRESERVATIGN CGMMISSIGN FGR A TERM EXPIRING FEBRUARY 2S, Z01Z, MGTIGN CARRIED 5-Q, MOVED BY CGUNCILMEMBER wESTGAARD TG APPOINT P.A~UL BELL AND V~IALLACE FGA TG THE PLANNING CGMMISSIGN FGR TERMS EXPIRING FEBRUARY ZS, X010, Motion died for lack of a second, MGVED BY CDUNCILMEMBER GUMPHREY AND SECGNDED BY CGUNCILMEMBER MGTIN TG APPOINT PAUL BELL AND ERIC J®HNSGN T®THE PLANNING CGMMISSIGN WITH TERMS EXPIRING FEBRUARY 2S, 2010, M®TIGN CARRIED 4-1. Councihnember westgaard opposed, 5.3. Conte t Review --Elk River Station A artments win Lakes Parkwa Ms. Mehelich presented the staff report, John Duey, Duffy Development Company -reviewed the proposed project and reviewed the requests for city support as outlined in the staff report. Consensus of the Council was that while they are supportive of the project they are not in favor of providing financial incentives given the current budget situation. Len Pratt, Pratt Homes -stated that this is an opportunity for Elk River to get a good project underway, Ms, Mehelich explained that the project will proceed with Planning Commission review and come back before the Counca.l on September 21, She stated that Mr. Duffy will continue with his application to MHFA without Council support on the financial assistance. She noted that he would still like a resolution of support for the flexibility of the planning items. City Council Minutes September ~ 4, 200 Page 3 5.4. Elk River Landfill -loint Meeting with ~h~ Planning Commission Request by Elk River Landfall, Inc. fox_Land Use Amendment to Change tlae Land Use of Certain, Protaerty from Mining to La~adfill, -- Case No. LU 09-O1 Re uest b Elk River Landfall Inc. for Rezonin to Chan e the Zonin from Al A ricultural Conservation to SwF Solid waste Facili - Case No. ZC 09-01 Ms, ~ahnson explained that in response to the Elk River Landfall's design modification, Hoisington I~.oegler Group Inc. ~HI~Gi~ updated the property and host fee annual impact and employment estimates and prepared revised charts, She clarified that the landfill's request has not changed, they are still requesting I09 acres to be reguided and xezoned, but are proposing more of the land to be available for commercial/industrial. Ms. Haug reviewed the graph outlining the origination of material and waste for the landfall. John Hellas, Waste Management - reviewed the following items as outlined in his handout: ® The landfall's commitment to solid waste processing ® Landfall's design modification ~ Free disposal coupons for Elk River residents Household hazardous waste facility '~ Additional gas plant ® Future end use Councilmember Gumphrey stated there are four closed landfalls within 2D miles of Elk River that all have six to eight foot fences around them. He questioned what makes the Elk River Landfall different. Mr. I~.ellas explained that modern landfalls are moxe state of the art with gas collection, power, liners, and leachate collection, He stated that many of the closed landfills maybe "open dumps" with no liner and that years ago landfalls didn't worry about environmental concerns or end uses. He indicated that many of Waste Management's closed landfalls across Northern Amexica are now ballfaelds, championship golf courses, wildlife areas, and parks. Stephanie Stolz, waste Management -stated that modifications to the landfall's infrastructure need to be made to allow public access as part of the end use. She stated that waste Management is committed to making those modifications. Councilmember Gumphrey questioned how the landfill settles and what type of buildings can be constructed there. Mx. I~ellas indicated the landfill waste settles as a unit and that a small sub-grade pad can be engineered but typically only small structures such as gazebos, park benches, and overlook areas can be constructed within the footprint, Councilmembex Westgaard questioned if the construction of the new eight burnex unit is incorporated within or outside the 33 acres set aside for future commercial development. Mr. I~,ellas indicated outside, Councilmember Moon questioned if the remaining 7G acres X109 acres total minus floe 33 acres for future developments is tlae landfill footprint and buffer. City Council M.nutes Page 4 September ~4, 2009 Mr. I~ellas stated that the 7C~ acres includes the landfill footprint, buffer, berms, ponds, and goads. Councilamember Zerwas expressed concern that the landfill is requesting the entire X09 acres be rezoned for the landfill despite 33 acres being proposed as future commercial develapment. His concern is that once the property is rezoned it would not be difficult for the landfill to continue expansion to the south if the commercial development area remains undeveloped. Mr. I~ellas explained that the landfill requires infrastructure around the liner and footprint and they felt it was best to request the entire 109 acres be rezoned to allow for this, He stated that waste Management would be willing to provide the city with legal documentation assuring that the 33 acres will be designated as future commercial development. Deb Walters, waste Management -clarified that the footprint is just the area where tlae waste goes within the landfill. Mr. Beck stated out of the i09 acres the landfill is requesting to be rezoned, 33 acres is for future commercial development and 41 acres is the landfill footprint which leaves 35 acres for the support area. He indicated his understanding is that the bulk o£ the landfill infrastructure will be located witla.i.n those 35 acres. Ms. Stotlz stated that the landfill and the city agreed that the bulk of the infrastructure will be located an the east side of the expansion area and that nothing will be within the 200 foot setback along the westside. Councilmember Zerwas stated that with the recycling and leachate storage it sounds like activity will take place further south than originally anticipated. He expressed concern. Mr, I~ellas indicated that there are no current plans for infrastructure to be located within the commercial development area. He added that since the area will be actively mined the landfill thought locating infrastructure within this area temporarily if necessary would be the best option. Mr. Beck explained that the interim needs within the 33 acre commercial development area could be addressed without including that area in the 109 acre rezoning request. He stated the A~ zoning district with mineral excavation overlay allows most of what the landfill is requesting in that area, He explained that specific temporary activities could be addressed through the conditional use permit. He added that the mineral excavation ordinance may need to be tweaked from tinge to time to address some of tlae interim uses. He believed this would get the landfill what they need during the tame tlae landffll is open and when it closed the Council would be assured the land was going to be developable. Councilmember Motin stated that if the request is approved he would be in favor of rezoning only the 76 acres. He stated he would take it one step further and designate the 33 acre future commercial development as commercial reserve but still allow interim uses. He explained there has not been firm discussion on what the end use of the property is and he believes leaving the property as Al leaves it open as to what the end use will be. Mike Caron, Tiller Corporation -stated they will be Finished mining when tl~e landfill is ready to close, which is approximately 2030, City Cotmcil Minutes September 14, X009 Page 5 Councilmember Morin questioned if the city can require mining operations to cease at a specific time. Mr. Beck indicated yes because the property being mined is included in the landfill's rezoning request. He explained that a condition could be added to the conditional use permit that requires mining operations to cease within a specif ed time after closure of die landfill and the city could require the site be brouglat to final grade. He further explained that the 33 acre commercial development area could be rezoned as commercial reserve transitional ~CR7~ as that ordinance contemplates interim uses. He stated that the ordinance is easily amendable to accommodate the situation while remaining within the intent of the ordinance. He stated that from a legal side he does not see any issues that are not accomplishable as long as a policy decision is made. 5.5. Council ~~en Forum There were no issues for open forum. 6. Other Business There was no other business. 7. Council Uuda~es There were no Council updates. $. Staff Updates Ms. Johnson indicated that the Homecoming Parade is Friday. She asked Councilmembers to let staff know whether or not they plan to be in the parade. Ms. Johnson stated she wall be attending tl~e Sherburne County Board meeting tomorrow in support of the VA Clinic locating in EIk River. 9. Adjournment There being no further business, Mayor l~i.nzing adjourned the meeting of the Elk River City Council at 7:4$ p.m. Minutes prepared by Jessica Miller. ,- /~ ,; ~~ ,, Tina Allard, City Clerk ~ ~ Stepha e Klinzing, May~r~~