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HomeMy WebLinkAbout03.06.89 Council Minutes MINUTES COUNCIL MEETING REGULAR MARCH 6, 1989 1. Mayor Kuchera called the meeting to order at 7:00 P.M. Members Present: Kuchera, Mayer, McKnight, Galler. Members Absent: Sprute. Also Present: Administrator Thompson, Attorney Grannis. 2. MOTION by McKnight, second by Galler to approve the agenda with the following changes: a. Remove item 6B - Diseased Elm Removal - 320 Maple Street. APIF, MOTION CARRIED. 3. MOTION by Galler, second by Mayer to approve the minutes of the February 21, 1989 regular meeting. APIF, MOTION CARRIED. 4. Dick Gerten addressed the Council during citizens comments, stating that he attended the Town Meeting on February 28, 1989 and was upset regarding the statements he had heard and read in the paper that the majority of the people at the meeting were opposed to the compost facility. Mr. Gerten stated that most of the people around him were there to hear the presentation and gather information and had not formed an opinion. Mr. Gerten also commended staff on the excellent presentation. 5. MOTION by Mayer, second by Galler to set a public hearing for March 20, 1989 at 7:15 P.M. to consider the preliminary plat of Country Hills Addition. APIF, MOTION CARRIED. 6. MOTION by Kuchera, second by McKnight to set a public hearing for April 3, 1989 at 7:30 P.M. to consider the vacation of the utility/drainage easement in Lots 11 and 12, Block 1, Fair Hills 4th Addition. APIF, MOTION CARRIED. 7. MOTION by McKnight, second by Mayer proclaiming the week of April 9 - 15, 1989 as Volunteer Recognition Week. APIF, MOTION CARRIED. 8. MOTION by Galler, second by Kuchera proclaiming March as Youth Art Month. APIF io MOTION CARRIED. 9. Mayor Kuchera opened a public hearing at 7:15 P.M. to consider amending Titles 10-1-14 and 10-3-2 (J) of the Zoning Ordinance relating to resource recovery. Administrator Thompson explained that the ordinance would be required if the City wished to consider building and operating a resource recovery facility in Farmington. Mr. Thompson added that, while most discussion had centered around the City's resource recovery facility proposed to be located next to the County Highway Shop, the ordinance would affect all industrial property and any resource recovery facility, either publicly or privately owned. The following testimony was heard: Adm. Thompson: If a private company wished to build a recycling plant, could the ordinance be amended? Yes, but again, I would like to caution that the Council should not consider amending the ordinance with only one Mayor Kuchera: project in mind. Council Minutes - 3/6/89 Pat Akin: I don't believe the Planning Commission and Council have separated the two issues. You just can't focus on a City owned composting plant, but must look beyond it. You have to make certain proper controls are in place. A private company could just as well operate under the proposed ordinance. I would like to make sure the Council is aware of all the issues. What is the definition and where are the 1-1 zones? (Administrator Thompson read the definition and described the 1-1 areas.) - Pat, Akin: Adm. Thompson: Pat Akin: em. Mayer: Pat Akin: em. Mayer: Pat Akin: em. Galler: of the attention. Pat Akin: Adm. Thompson: Andy Simon: Adm. Thompson: Are there any lot size requirements? The same as for all 1-1 uses. You could be spot zoning. If we were focusing on one location, that would be spot zoning. As a private citizen, could I apply for a resource recovery facility in the 1-1 zone adjacent to Marigold? Yes. But it would require a conditional use permit. Any potential problems would be addressed. I just want to be certain everything is considered. We would like to focus on the ordinance alone, but the proposed City Resource Recovery Facility has taken a lot Has a final determination been made on the City plant? No. Would incineration be allowed under the definition? If power was produced, probably. But it must be understood that the County could locate its facility with or without the ordinance because its authority in this area supersedes City Zoning laws. The proposed definition could be changed however to eliminate incineration. Mayor Kuchera: Adm. Thompson: When did the Planning Commission consider the ordinance? On January 24, 1989. Andy Simon: The proposed location for the plant is bad. It is near schools and residential areas. There is a chance of smell. The City would be encouraging businesses like Koch refinery to locate in the City. The technology is presently risky, with very few plants in operation. Our own consultant designed Filmore, which had an overrun of $200,000. Can we afford such an overrun? I am not aware of any plant operating in the black. The plant could cost up to $2,000,000. Can we afford that? The sludge we are adding is considered a Type 2 waste which is toxic. Will the compost be con- sidered hazardous waste? Why doesn't the City consider placing it at the County incinerator site? The consultant talks about filters to control odors and at the same time says the composting process doesn't produce odors. Bill Carey: 10-20 years ahead date. Ruth Simon: Adm. Thompson: This is a new technology. The County is doing something about it, so why is the City considering it? We may be of ourselves. We can always get into composting at a later Are we encouraging the incinerator by passing this ordinance? I don't believe so. Council Minutes - 3/6/89 Pat Akin: I serve on the County Solid Waste Board and Farmington would be excluded based on siting criteria. It is my understanding that most of the solid waste statutes address County activities. Ginny Black (KPCA): As far as the MPCA is concerned, we don't treat cities or counties differently when reviewing applications. Can we get a guarantee that the County will let us keep our own solid waste for at least 20 years? I am not sure. Andy Simon: Adm. Thompson: Andy Simon: Ginny Black: Mayor Kuchera: em. Galler: waste operation. Pat Akin: Could the Met Council take over? I doubt if the Met Councilor MWCC would want to take over your facility. They took over our wastewater treatment. Chairman Steve O'Keefe of the Met Council and MWCC staff have indicated they have no interest in taking over the solid We've got to make changes in the way we deal with solid waste. Adm. Thompson: I would like to note that this is a rapidly developing industry and I don't think the City should turn its back on it. Chaska just granted a permit for a 300 ton/day privately owned composting plant in its industrial park. em~ Galler: Also there is a 600 ton/day waste processing facility in Eden Prairie's industrial park operated by Reuter, Inc.. Owen Pool: Don't the larger plants process garbage cheaper than small plants? Robert Williamson: The larger plants are generally more sophisticated and more capital intensive. The plant incorporates designs which are not necessary in small plants. Some systems do not presuppose upfront recycling which the Farmington design incorporates. em. Mayer: Most of the discussion has centered on the City's composting and recycling plant. We have two separate issues here and the one at hand is the zoning amendment. There appears to be no concern regarding the City recycling, yet that factor is an integral part of the amendment. Under our current zoning ordinance, I do not feel we are prepared to store and process the recyclables. Maybe the definition is too broad, but that issue should be addressed before we begin with recycling. If we need to narrow the scope, then that's what we should do. Adm. Thompson: Owen Pool: Bill Carey: Pat Akin: I concur, but I would recommend that the ordinance address publicly owned recycling or place strong controls on private. The City should turn the entire system, including collections over to private. I agree. It appears the City is committed to collection by the purchase of the new equipment. Council Minutes - 3/6/89 Jim Emond: Pat Akin: Lakeville is also initiating recycling. Right now I pay $42.00 per quarter for collection. What does the Council intend to do tonight? Mayor Kuchera: I think the Council should make a decision tonight. I have a lot of respect for the Planning Commission expertise in zoning matters and I have to go along with their recommendation. We look to the Planning Commission to guide us. em. Mayer: Pat Akin has already noted that we are committed to collection/recycling. We don't need to make a decision on the composting plant tonight, but I feel it is wrong to try and kill the project through the zoning process. Let the compost plant stand on its own merits. That's what the feasibility/design process and conditional use process are for. I'm confident we can take care of recycling, but we should address it in the ordinance. em. McKnight: Can we recycle under the present ordinance? Adm. Thompson: While recycling isn't specifically addressed in the Zoning Ordinance, Attorney Grannis has indicated storage would be allowed under the Solid Waste ordinance. I feel the matter should be specifically addressed by the Council. Att. Grannis: could also make Ordinance. Andy Simon: The Council can pass the ordinance as presented, or amend it, but it must relate to the 1-1 District. The Council a determination on the applicability of the Solid Waste It sounds like the Council is trying to confuse the issue. Francis Blaha: What you are looking for is a temporary solution. Why not determine that the City garage can be used to store recyclables? Why not set aside the composting part of the ordinance if or when the Council decides to build a plant? Restrict composting at this time and address recycling. em. McKnight: Pat Akin: The City Engineer doesn't seem to be too concerned about the storage of recyclables. Why not just clarify that issue? You are going to have to give a site to store the materials. Robert Williamson: The County recycling facilities will be open by late April, so you are only looking at allowing it on a temporary basis. Dick Gerten: em. Mayer: Pat Akin: basis? Churches and Boy Scouts have been storing newspaper for years. Not on this scale. Are they any emergency provisions in the statutes which would authorize the City to allow recycling on an interim Att. Grannis: The Council can adopt an ordinance allowing recycling in an 1-1 District tonight. While I believe the present Solid Waste Ordinance would allow the storage of recyclables, it is a "grey" area and should be clarified by the Council. Council Minutes - 3/6/89 Andy Simon: Adm. Thompson: I believe you have a mess here and don't know how to solve it. I don't see a problem with the way the City is proceeding. The Council can determine the matter through an interpretation of the Solid Waste Ordinance. We are only considering storing, not processing, the materials on a temporary basis. Francis Blaha: Why don't you just define the three recyclable materials and say they can store it at the City garage for a six month period? Owen Pool: Why don't you just get out of the business? Adm. Thompson: It's not that simple. Even if we turn it over to a private hauler, we are still held accountable for enforcing the recycling/yard waste issues. If we run our own system we have the ultimate control. Also, the City of Hopkins got out of the business and 5 years later they were back in it because of complaints. MOTION by Kuchera, second by Galler to close the public hearing. APIF, MOTION CARRIED . 10. MOTION by Galler to table the matter until the full Council is present. MOTION DIED FOR LACK OF A SECOND. 11. MOTION by McKnight, second by Kuchera to deny the Zoning Amendment. Voting for: McKnight, Kuchera. Against: Galler, Mayer. Motion failed. 12. Attorney Grannis stated that the Council could offer a motion to adopt the ordinance, but based on the previous vote, it does not appear such a motion would pass. 13. MOTION by Kuchera, second by McKnight to allow the temporary storage of recyclable materials at the City garage on a temporary basis as per the provision of Title 7-1-5. Voting for: McKnight, Kuchera, Mayer. Against: Galler. Motion failed. 14. Councilmember Galler clarified his vote stating the time period should have been defined. Councilmember Galler also noted that this was just a temporary fix with no clear direction as to which way the City should proceed. Councilmember Mayer stated that is appears that the unanimous support of the City owned collection system was losing support and felt the Council should explore looking at all the alternatives, including private collection. MOTION by Mayer, second by Galler to\direct staff to explore the possibility of going with a private hauler. APIF, MOTION CARRIED. 15. MOTION by Galler, second by Mayer to adopt RESOLUTION NO. R15-89 adding a $15 per fire report fee to RESOLUTION NO. R4-89. APIF, MOTION CARRIED. 16. The Council next considered an amendment to the Zoning Ordinance changing a portion of the N~ of the S~ of Section 32, Township 114, Range 19 as described in the Public Hearing Notice from R-3 to B-1. Administrator Thompson reviewed the Planning Commission's report which recommended approving the change. Art Leibfried, who requested the change, stated that it was his intent to construct and operate a car wash, which would require a conditional use. Administrator Thompson stated that while a car wash was proposed, if the zoning amendment was approved, the property could be used for any use listed under B-1. Mayor Kuchera asked if the City sewer could handle the flow. Administrator Thompson stated that Superintendent of General Services Kaldunski had indicated that it probably could, but couldn't give a definite answer until he had all the information. Mayor Kuchera asked how much the sewage flow would be. Mr. Leibfried Council Minutes - 3/6/89 stated that the proposed system would recycle most of the water so it wouldn't be that great. Administrator Thompson stated that the City had experienced problems with lift stations which served the Henderson Addition, and that the proposed car wash could have an impact on the lift station, but that would be addressed during the conditional use permit process. Joy Eldred stated that the car wash would impact the lift station. Councilmember Mayer stated that he welcomed the commercial development, but was concerned about the mixture of uses on the TH 3 corridor. Councilmember Mayer stated that the Planning Commission should develop a plan for the ultimate use of the corridor so development is not "piecemealed". Councilmember Galler noted that the City Planner's main concern was the overall plan for the transition of the area. Mr. Leibfried stated that he had invited all of the neighbors to his office to discuss any concerns. Mr. Leibfried noted that the major concerns were related to the sewer, but added that under present zoning, he could apply for a permit for an apartment building which could produce a greater sewer flow. Councilmember Mayer noted that the original rezone for the convenience store was criticized as spot zoning, but did not feel this was spot zoning because it was adding on to an existing commercial zone. Bill Carey stated that nothing should be rezoned until the sewer problem is taken care of. Administrator Thompson stated that potential sewer problems would be addressed by the City Engineer during the permit process. Council- member Mayer noted that Mr. Leibfried may not get the necessary permits to hook into the sewer system. Mayor Kuchera suggested that the matter be postponed until the Engineer was present. Jim Emond, representing Mr. Leibfried, stated that the sewer was an engineering issue, not a land use issue, and could see no reason to postpone. MOTION by McKnight, second by Mayer to rezone the aforementioned parcel from R-3 to B-1. Voting for: Mayer, McKnight, Galler. Against: Kuchera. Motion failed. (4 votes are necessary to approve zoning amendments) 17. Administrator Thompson informed the Council that it appeared staff had settled the dispute relating to the Fire Hall repairs. 18. Administrator Thompson presented an overview of an MPCA Loan Program as outlined in his March 2, 1989 memo. Mary MacEnany stated that she appreciated the City looking into the program, but was offended by the Administrator's implications that all Henderson residents were dewatering their basements into the sewer system. Administrator Thompson stated that the memo neither stated nor implied that they did. MOTION by Mayer, second by Kuchera endorsing the program and directing staff to send a letter requesting to be placed on the MPCA needs list for the loan program. APIF, MOTION CARRIED. 19. LaDonna Riste requested that the City support Mt. Dew Days through in-kind and/or cash donation. Attorney Grannis stated that the statutes were grey relating to such donations, but it could be interpreted as advertising for the City. Finance Director Henneke stated that the donation would require a budget adjustment. MOTION by Galler, second by McKnight to provide in-kind services of the Police, swimming pool and arena, provided the Parks and Recreation Director concurs, and to donate $500. APIF, MOTION CARRIED. 20. MOTION by Galler, second by Kuchera to adopt RESOLUTION NO. R16-89 ordering a feasibility report for the extension of sanitary sewer to the proposed TH 50 industrial park. APIF, MOTION CARRIED. Council Minutes - 3/6/89 21. MOTION by Mayer, second by McKnight to adopt RESOLUTION NO. R17-89 endorsing the CEAM position on the distribution of MVET funds. APIF, MOTION CARRIED. 22. The Council next considered parking on Elm Street in the vicinity of Hardees and Tom Thumb. A lengthy discussion followed regarding the location of signs and including 5th Street. MOTION by Galler, second by McKnight to place No Parking signs as proposed in the March 2, 1989 memo from the General Services Superintendent and to place 4 No Truck Parking signs on 5th Street between Elm and the alley just south of Elm Street. APIF, MOTION CARRIED . 23. It was the consensus of the Council to set a special meeting for March 15, 1989 at 7:00 P.M. to discuss the City's compensation plan. 24. MOTION by Mayer, second by McKnight to approve the consent agenda as follows: a. Approve School and Conference Request - Liquor - Minnesota Liquor Store Association. b. Approve School and Conference Request - Building Inspector. c. Approve School and Conference Request - Police - Spring Institute for Chiefs. d. Approve bills as submitted. 25. The following items were discussed during roundtable: a. Administrator Thompson stated that a tour of Hopkins' automated garbage collection would leave City Hall on March 10, 1989 at 8:00 A.M. b. Mayor Kuchera stated that the Parks and Recreation salaries must be addressed because it was unfair that they were making so much less than Maintenance Workers. 26. MOTION by Mayer, second by Galler to adjourn at 11:15 P.M. APIF, MOTION CARRIED. Respectfully submitted, /~ Y-lz" LaKy' Thom son City Administrator Approved 3-~{) ~ ~q