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12-19-1988 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. DECEMBER 19. 1988 e Members Present: Mayor Gunkel. Councilmembers Tralle. Schuldt. Holmgren. Councilmember Dobel arrived at 6:30 p.m. Members Absent: None Staff Present: Pat Klaers. City Administrator; Steve Rohlf. Building and Zoning Administrator; Steve Bjork. Zoning Assistant; Tim Keane. City Attorney; and Lori Johnson. Finance Director 1. Pursuant to due call and notice thereof. the meeting of the Elk River City Council was called to order at 6:00 p.m. for the purpose of conducting interviews for the Utilities Commission. Current Utilities Commission Member Doug Dill's term expires on December 31. 1988. Doug Dill requested reappointment and Jack Klein and Jim Simpson requested an interview for the position. The Council interviewed the three candidates at this time. 2. Consider 12/19/88 City Council Agenda Councilmember Dobel requested to be added to the agenda as item 8.2. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 12/19/88 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER TRALLE SECONDED. THE MOTION. THE MOTION CARRIED 5-0. e, 3. Consider 12/12/88 City Council Minutes Mayor Gunkel noted that she had several changes to the minutes. The changes were as follows: Page 1 - Item #5. a sentence indicating the large number of kids involved in youth hockey; Page 2 - Item #5. a statement indicating that Broadway Bar and Pizza had recently renewed their lease with Elk River Youth Hockey; Page 5 - Item 7.9. a statement indicating the Council's consensus to use TIF and to obtain legal clarification for this particular use; Item 8.1(2) and 8.1(3) statements of clarification. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 12/12/88 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike No one appeared for this item. 5.1.Variance Requests/Shores of Briarwood/Ron Kuhn/Public Hearing This item has been tabled by the Planning Commission and will be heard by the Council on 1/23/89. 7:00 p.m. at the Elk River Public Library. 5.2.Preliminary Plat Review/Shores of Briarwood/Ron Kuhn/Public Hearing e This item has been tabled by the Planning Commission and will be heard by the Council on 1/23/89. 7:00 p.m. at the Elk River Public Library. Page 2 e City Council Minutes December 19. 1988 5.3.UPA Sign Interpretation Zoning Assistant. Steve Bjork. indicated that UPA is requesting an interpretation for a 120 square foot business identification sign. The property is located in a solid waste facilities zone. The City code does not address signage within this zone. Steve Bjork indicated that because City Code does not address signage in the SWF zone. Staff used the underlying zoning which is industrial for signage standards. Based on the signage standards in the City Code. UPA would be allowed to have two 64 square foot signs. Staff is requesting an interpretaton as to whether or not a business in the 1-1 zone with a minimum of 300' of street frontage can have one 128 square foot business identification sign instead of two 64 square foot signs. UPA's request is for one 120 square foot sign as opposed to two 64 square foot signs. COUNCILMEMBER DOBEL MOVED TO ALLOW UPA ONE SIGN NOT TO EXCEED 128 SQUARE FEET IN SIZE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4.Consider Signage Request by Pet Appeal e Zoning Assistant. Steve Bjork. indicated that Mr. and Mrs. Greg Gamroth of Pet Appeal are requesting a sign interpretation for the Elk River Mall. The City requires that any sign not meeting the mall sign criteria must receive Planning Commission and City Council approval. Mr. and Mrs. Gamroth are requesting a 2' by 17'4" sign to be installed on the Freeport Ave. side of the mall. which exceeds the signage requirement for the mall. The Planning Commission reviewed the request and felt that this size sign may be appropriate for the expansion portion of the mall as the allowable 4' by 8' sign may not adequately serve the needs of the Pet Appeal business because they are using such a large amount of the mall expansion. Dave Wolff submitted a new sign criteria for the expansion portion of the mall. The request by Pet Appeal is within this criteria. Dave Wolff indicated he does not agree with the Planning Commission's recommendation of keeping the coloring and style of lettering essentially the same for the expansion portion of the mall signage because each business uses different colors and styles to advertise. COUNCILMEMBER TRALLE MOVED TO APPROVE THE NEW SIGN CRITERIA FOR THE MALL EXPANSION WITH THE FOLLOWING STIPULATIONS: 1. THAT SIGNS DO NOT EXCEED 4' 1 n IN HEIGHT AND 8' 1 n IN WIDTH ON THE HIGHWAY 169 SIDE OF THE MALL ONLY. 2. THAT SIGNAGE WORDING IS RESTRICTED TO STORE NAME AND LOGO. e 3. THAT ONLY INDIVIDUAL ILLUMINATED LETTERS ON THE FREEPORT AVENUE SIDE ABIDE BY THE SIGN CRITERIA AS AMENDED. 4. THAT THE LETTERING BE ESSENTIALLY THE SAME STYLE AND SIMILAR IN COLOR. S. THAT PET APPEAL AND ALL OTHER TENANTS OBTAIN A SIGN PERMIT FROM THE CITY PRIOR TO INSTALLATION OF THEIR SIGNAGE. Page 3 e City Council Minutes December 19. 1988 6. THAT THE MAXIMUM SIZE OF THE SIGN NOT EXCEED 2' BY 17' 4" ON FREEPORT AVENUE. CO'UNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5.Administrative Subdivision Request/Chris & Linda Bulow/Public Hearing Steve Bjork. Zoning Assistant. indicated that Chris and Linda Bulow are requesting an administrative subdivision to subdivide a 5.7 acre parcel of land into two parcels; one parcel of approximately one acre and the remaining parcel of approximately 4.7 acres. Mr. Bjork indicated that staff has reviewed the property and it appears that both proposed parcels are adequate for on site septic systems and building sites. Mr. Bjork further indicated that the applicant has shown the future overlay for the one acre parcel. He further stated that the park dedication fee has been paid. Mayor Gunkel opened the public hearing. e Gary Santwire indicated that tentative plans for the development of the remaining 4.7 acre parcel are being considered. As part of these plans a 60 foot easement for road right-of-way is being considered. Mr. Santwire questioned whether 60 feet would be adequate. Steve Rohlf. Building and Zoning Administrator. stated this would be adequate by current standards. Mayor Gunkel closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY CHRIS AND LINDA BULOW FOR PROPERTY LOCATED IN THE W~ OF THE SW" OF SECTION 30. TOWNSHIP 33. RANGE 26. APROVAL WOULD ALLOW THE SUBDIVISION OF AN APPROXIMATE 5.7 ACRE PARCEL INTO TWO LOTS; A 1 ACRE PARCEL AND A 4.7 ACRE PARCEL. WITH THE FOLLOWING STIPULATIONS: 1. THAT LEGAL DESCRIPTIONS FOR THE NEWLY CREATED PARCELS BE PROVIDED TO THE CITY FOR RECORDING PURPOSES. 2. THE THE APPLICANTS PROVIDE THE CITY WITH A STATEMENT OF THE FUTURE OVERLAY FOR RECORDING PURPOSES. 3. THAT ANY FURTHER DEVELOPMENT OF THE 4.7 ACRE PARCEL WILL REQUIRE PLATI'ING WITH THE EXCEPTION OF ONE HOUSE ON THE LOT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Ordinance Amendments to Sections 900.08 (Definitions). and also 900.10. 900.12. 900.14. 900.16. and 900.18 Principal. Accessory and Conditional Uses by District Public Hearing e Mayor Gunkel indicated that the zone changes and ordinance amendments before the City Council tonight are dealing with the effects of the recently adopted Growth Management Plan in regard to commercial and industrial uses. e e e Page 4 City Council Minutes December 19, 1988 Section 900.08 of the Elk River City Ordinance was discussed. This section pertained to the definition section of the ordinance. The Council reviewed the definitions and allowed the public to review the definitions. Mayor Gunkel opened the public hearing. Councilmember Tralle questioned the definition of campground. The question pertained to the use of campgrounds for temporary living quarters by transient vocational workers. It was the consensus, after discussion regarding this matter, that the definition under (b) be changed as follows: "or temporary vocational activities." Lola Dreissen questioned the definition of a conditional use. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO ADOPT ORDINANCE 88-30, AN ORDINANCE AMENDING SECTION 900.08. DEFINITIONS. OF THE ELK RIVER CITY CODE AS PRESENTED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Section 900.10, Zoning Districts, was discussed by the Council. Planning Commission representative Arlon Fuchs indicated that the Planning Commission unanimously approved this ordinance amendment. He indicated that the major change was the elimination of C-3B and C-4 districts. Mayor Gunkel opened the public hearing. There being no one for or against the matter, Mayor Gunkel closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO ADOPT ORDINANCE 88-31. AN ORDINANCE AMENDING SECTION 900.10. ZONING DISTRICTS. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. Section 900.18 "Schedule of Dimensional Regulations" was discussed by Council. It was indicated that the proposed changes to this section of the ordinance are the elimination of C-4 and C- 3b zones. Mayor Gunkel opened the public hearing. Don Dreissen questioned setback requirements. Mayor Gunkel closed the public hearing. COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 88-32. AN ORDINANCE AMENDING SECTION 900.18. SCHEDULE OF DIMENSIONAL REGULATIONS. WITH THE CORRECTION OF THE TYPOGRAPHICAL ERRORS. COUNCIL MEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e e e Page 5 City Council Minutes December 19. 1988 Council reviewed the amendments to Sections 900.12. 900.14. and 900.16 of the zoning ordinance. These amendments related to principal. accessory and conditional uses by district. The Council reviewed each district. The Building and Zoning Administrator indicated that the purpose of this ordinance amendment is to make the uses by district more general. Mayor Gunkel opened the public hearing. Commissioner Fuchs indicated that the Planning Commission unanimously approved the recommended ordinance amendment. He indicated that the Planning Commission proposed a statement of purpose for each zoning designation which is included in the Council's information. Councilmember Tralle stated he would like to see the second paragraph in the R-IB area clarified regarding the construction on adjoining lots. The Council also discussed the dimensional regulations listed in the Statement of Purpose. It was indicated that this was redundant. as the dimensional regulations are listed in ordinance 900.18. and this may be confusing when amendments are made. as the change will have to be made in two places in the ordinance. The following areas were discussed: R-3 - Ie. - "More" should be changed to "fewer." C-3 - "Vet Clinics" should be added to conditional uses. I-I - Scratch the wording after light manufacturing in l(d). I-I - Move "truck terminals" from permitted uses to conditional uses. 1-2 l(a). - permitted uses in I-I should be listed out so they do not have to be referenced. Mayor Gunkel closed the public hearing at this time. COUNCILMEMBER TRALLE MOVED TO ADOPT ORDINANCE 88-33, AN ORDINANCE AMENDING SECTIONS 900.12 (PRINCIPAL USES BY DISTRICT), 900.14 (ACCESSORY USES BY DISTRICT) AND 900.16 (CONDITIONAL USES BY DISTRICT): WITH THE FOLLOWING AMENDMENTS: CHANGE THE WORD "MORE" TO "FEWER" IN R-3 - IE; ADD "VET CLINICS" AS A CONDITIONAL USE IN THE C-3 ZONE; ELIMINATE THE WORDING AFTER LIGHT MANUFACTURING IN UNDER I-I (lD); MOVE "TRUCK TERMINALS" FROM PERMITTED USES TO CONDITIONAL USES IN THE I-I ZONE; 1-2 - (lA) THE PERMITTED USES REFERENCED IN I-I ZONE SHOULD BE LISTED COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes December 19, 1988 Page 6 ~ 5.6.Consider Commercial Zone Changes by the City of Elk River/Public Hearing Following the zoning ordinance amendments, the zone changes were considered by the Council according to area as spelled out in the memo to the Mayor and City Council from the Building and Zoning Administrator dated December 12, 1988: AREA 1 Mayor Gunkel opened the public hearing. There being no one for or against the matter, Mayor Gunkel closed the public hearing. Planning Commission Representative Fuchs indicated that the Planning Commission recommended approval of this zone change from C-4 to C-1. COUNCILMEMBER TRALLE MOVED TO ZONE CHANGE AREA 1 FROM C-4 TO C-3. COUNCILMEMBER HOLMGREN SECONDED THE MOTION." "THE MOTION CARRIED 5-0. AREA 2 Mayor Gunkel opened the public hearing. There being no comments from the public, Mayor Gunkel closed the public hearing. e COUNCILMEMBER DOBEL MOVED TO ZONE CHANGE AREA 2 FROM C-4 AND R-1C TO PUD. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. AREA 3 Mayor Gunkel opened the public hearing. Elaine Anderson stated she would like her lot to remain commercial. The Building and Zoning Administrator indicated that the recommendation is for R-2b. John Plaisted also indicated he would like to see the area zoned to C-2 as plans are underway to develop the area as C-2 zoning. Elaine Anderson indicated she was not notified of the zone change by mail. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO TABLE THIS ITEM AND READVERTIZE THE AREA LEAVING OTHER ZONING OPTIONS AVAILABLE AND THAT NOTICES OF THE PUBLIC HEARING BE MAILED TO INDIVIDUAL PROPERTY OWNERS. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. e City Council Minutes December 19. 1988 Page 7 e AREA 4 Mayor Gunkel opened the public hearing. there being no one for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMBMBER DOBEL MOVED TO ZONE CHANGE AREA 4 FROM C-4 AND PUD TO C-2. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. AREA 5 Mayor Gunkel opened the public hearing. There being no comments from the public. Mayor Gunkel closed the public hearing. COUNCILMBMBER SCHULDT MOVED TO ZONE CHANGE AREA 5 FROM C-4 TO C-1 AND C-2. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. AREA 6 Mayor Gunkel opened the public hearing. Lola Dreisen indicated her house is in this area. She questioned what her options would be for rebuilding if her house would burn. It was indicated that single family homes would be considered a conditional use. e Peggy Bode requested to review the uses allowed in a C-2 zone as her property is located in area 6. Kermit Bode questioned the method of taxation; whether it was according to zone or use. Councilmember Holmgren indicated it would be according to use. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO ZONE CHANGE AREA 6 FROM R-2. R-3. AND R-4 TO G-2. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. AREA 7 Mayor Gunkel opened the public hearing. Planning Commission Representative Fuchs stated that the Planning Commission's concern was the fact that there is no direct access from the affected parcel to the highway and that the property is being proposed to be zoned as highway commercial. Mayor Gunkel closed the public hearing. e COUNCILMEMBER DOBEL MOVED TO ZONE CHANGE AREA 7 FROM R-1B TO C-3. COUNCILMEMBER HOLMGREN SECONDED THEMOTION~' THE MOTION CARRIED 5- O. City Council Minutes December 19. 1988 Page 8 e AREA 8 Commissioner Fuchs indicated that the Planning Commission recommended that this area be zone changed to C-2 as opposed to the staff recommendation of C-3. Mayor Gunkel opened the public hearing. There being no one for or against this matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO ZONE CHANGE AREA 8 FROM R-1B TO C-2. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. ' 'THE MOTION CARRIED 5-0. AREA 9 Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER DOBEL MOVED TO ZONE CHANGE AREA 9 FROM R-1A AND R-1B TO PUD. COUNCILMEMBER HOLMGREN SECONDED' THE MOTION. THE" MOTION CARRIED 5-0. AREA 10 e Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER DOBEL MOVED TO ZONE CHANGE AREA 10 FROM R-3 TO C-3. COUNCILMEMBER HOLMGREN SECONDED THE MOTION; , THE MOTION CARRIED 5-0. AREA 11 Commissioner Fuchs stated that the Planning Commission voted 6-1 to zone change the area to R-1b. Commissioner Fuchs indicated that he was the opposing vote. He stated he felt this would create a strip zoning. He also stated that this residential zoning would abut the highway. which is undesireable. Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. Steve Rohlf. Building and Zoning Administrator. indicated that Staff concerns with the area being industrial or commercial relate to congestion and the fact that there is no access to the highway. COUNCILMEMBER HOLMGREN MOVED TO TABLE THE ZONE CHANGE rOR AREA t t AND '1'0 READVERTIZE THE AREA FOR C-3. ,C-2. R-1B AND PUD. COUNCILMEMBER DOBEL SECONDED THE MOTON. THE MOTION CARRIED 5-0. e AREA 12 Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. Page 9 City Council Minutes December 19. 1988 . Commissioner Fuchs stated that the Planning Commission recommended zone changing area 12 to 1-1 with a 4-3 vote. The opposing votes felt the area should be zone changed C-3. COUNCILMEMBER HOLMGREN MOVED TO ZONE CHANGE AREA 12 FROM R-1A TO 1-1 AS THIS IS WHAT IS RECOMMENDED IN THE GROWTH MANAGEMENT PLAN. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARIED 4-1. COUNCILMEMBER TRALLE VOTED AGAINST THE MOTION. AREA 13 Commissioner Fuchs stated that the Planning Commission unanimously to zone change area 13 to C-3 and 1-1. recommended Mayor Gunkel opened the public hearing. Dave Schimeck of 9977 Highway 10. indicated he was in favor of the Planning Commission's recommendation. Pat Cherney also indicated he was in favor of the Planning Commission's recommendation to zone change the area to C-3 and 1- 1. ~ Mayor Gunkel closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ZONE CHANGE AREA 13 FROM C-3B TO C-3 AND 1-1 ZONING. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 88-34. AN AMENDING THE OFFICIAL ZONING MAP FOR AREAS 1.2.4.5.6.7.8.9.10.12.AND 13. COUNCIL MEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.8.Discussion with landfill owner. Chris Kreger Chris Kreger presented informational meeting purpose of informing informed the Council of Elk River Landfill from the Council with a formal notification regarding an that he will be holding on December 28. for the the public about ash disposal. Mr. Kreger also his intention to pursue the disposal of ash at the the Hennepin County Mass Burn Plant. Mayor Gunkel stated that the Council has sent a clear message to the surrounding counties stating that they are responsible for their own solid waste disposal. She indicated the Council would have to follow through on their previous commitment which is that ash should not be disposed in Elk River. She further indicated that a written statement would be sent to Hennepin County regarding the Council's position regarding ash disposal. . OOUNCILM!MBER TRALLE MOVED TO AUTHORIZE STEVE ROHLF TO SEND A LETTER TO HENNEPIN COUNTY STATING THE COUNCIL'S AND ELK RIVER CITIZEN'S POSITION IN OPPOSITION TO HAVING THIS TYPE OF STORAGE IN THE CITY LIMITS. COUNCILMEMBER SCHULDT SECONDED THE. MOTION. THE MOTION CARRIED 5-0. e e e City Council Minutes December 19. 1988 Page 12 There being no further business. COUNCILMEMBER DOBEL MOVED TO ADJOURN THE MISTING OF THE ELK P.IVER CITY COUNCIL. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 10:40 p.m. ~~ Deputy City Clerk