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05-21-1984 CC MIN REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, MAY 21, 1984 Members Present: Mayor Hinkle, Councilmembers Schuldt, Duitsman and Gunkel. Councilmember Engstrom arrived at item #7. Members Absent: None 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda Item 5~ - Feasibility Study for the East Main Street Waterline Trunk, and Item 12H ~ Municipal Facilities Feasibility Study, were added to the May 21, 1984 City Council Agenda. ! COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MAY ~l, 1984 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER SCHULDT SECONDED THE MpTION. THE MOTION PASSED 3-0. ! 3. Minutes I The final draft of the minutes of the May 7, Ip84 City Council meeting were not available for the City Council's review and will be considered at the next regularly scheduled City Council meeting. 4 . Open Mike Mr. and Mrs. E.S. Goodfellow, owners of properFY in Elk River, appeared before the City Council to discuss their assessed property valuation. The City Administrator indicated that it was his understanding that the Council action on objections to assessed property valuations ~hat were heard at a public hearing held on May 15th, would be considered at the Jpne 4th City Council meeting. Mr. Tom Eckdahl of 18679 Boston Street expressbd his concern regarding a pre- vious issue before the City Council on speed cbntrol for Highway #10 westbound between Proctor Avenue and Cretex where a high~r speed zone sign is posted. Mr. Eckdahl indicated that his first concern is th~ safety issue for school buses, walkers and joggers on or along Highway #10, apd second; the excessive noise produced by acceleration of vehicles as they p~ssed the higher speed limit sign. Councilmember Schuldt indicated that the State! of Minnesota controls the speed on Highway #10. Mayor Hinkle indicated that the City has expressed their con- cerns to Mn/Dot regarding speed zoning on Highfay #10, and no action has been taken as of this date. Mayor Hinkle suggestedl that perhaps Mr. Eckdahl may wish to contact Mn/Dot directly to inquire on ~he status of a speed study in the area in question. The City Administrator ~ndicated that it is his under- standing that the Minnesota Department of Tran~portation is considering a speed study for that whole area. It was the consensus of the City Council that ~he City Administrator direct a letter to Mn/Dot requesting that attention be given to the west Highway #10 area r . City Council Minutes May 21, 1984 Page Two Avenue a~ the Elk River Crete~ operation site. between Proctor I 5. Eckdahl/Kreuser Request for Zoning Ordinance ~endment ~ Continued Public Hearing I Councilmember Gunkel reviewed for the City COU~Cil and the audience present, the information presented at the May 7, 1984 City Council meeting regarding Ms. Eckdahl's and Ms. Kreuser's request for a zoni4g ordinance amendment to allow daycare and preschool facilities as a conditional use in the newly-created C-3B zoning district. Councilmember Gunkel explain~d that the C-3B zoning district was created to allow a combination of commercial and light industrial uses on I highway frontage property in the City of Elk R~ver. Councilmember Gunkel further explained that the Zoning Ordinance currently allows daycare and preschool facilities as conditional uses in R-3, R-4, C-~, C-2 and C-4 zoning districts. Councilmember Gunkel indicated that in the Pla~ning Commissions and City Council's previous discussions of the request, a great d~al of concern was expressed re- garding the safety issue for an operation such!as daycare and preschool facilities. Councilmember Gunkel further indicated that th~ Planning Commission unanimously recommended denial of the request for a zoning I ordinance amendment. Councilmember Gunkel indicated that she had sp6ken with Pat Schomen of the State of Minnesota regarding the safety requirement ~or State licensing of daycare and preschool operations and found that the State has stringent requirements regarding fire codes, building inspection, kit4hen and bathroom facilities and outdoor play areas. Councilmember Gunkel furt~er indicated that although a highway lqcation may not be an ideal location, Ishe was aware of other highway locations for similar facilities such as the o*e on Highway #10 in Anoka, and another located in shopping cenfgr'lfi .Chaska. John Fitzgerald, representative for Ms. Eckdahl and Ms. Kreuser, indicated that he had done research regarding the Planning Co~mission and City Council's con- cerns of the truck traffic in and near the pro~osed daycare and preschool facility site owned by Mr. George Cowles. Mr. I Fitzgerald indicated that the average number of trucks entering and leaving lhe area in question was only four trucks per day with two of those being during the very early morning hours. Mr. Fitzgerald further indicated that the owner of the property has agreed to fencing the parking lot with a high chain link fence to separate the truck traffic area from the area where. children would be arriving and leaving. Mr. Fitzgerald further indicated that he realized that the proposed site located behind Cedar Log Homes on Highway #10 is not the most suitable site, but that it is a workable site and within the budget of Ms. Eckdahl and Ms. Kreuser. Mr. Fitzgerald indicated that the safety of the children would be their largest concern and would take all precautions necessary. Mr. Fitzgerald indicated that Ms. Eckdahl and Ms. Kreuser would enter into an agreement as part of the lease, that the lower space of the building would not be let to anyone proposing to operate a business that would be hazardous to the children utilizing the daycare/ preschool facilities. Mr. Fitzgerald stated that the owner of the property would be doing extensive remodeling to accommodate the proposed daycare/preschool operation. The City Council questioned Mr. Fitzgerald as to how Ms. Eckdahl and Ms. Kreuser could prevent Mr. Cowles from leasing the remainder of the building to any hazardous operations in the future. Mr. Fitzgerald indicated that that question would be addressed at the time the lease agreement was drawn up, that that the City Council Minutes May 21, 1984 Page Thr~e lease was only for one year and could not foresee what would happen in one year. Mr. Fitzgerald indicated that there is a great need for the facility now and that perhaps in the future, a better site could be obtained. The City Administrator indicated that the issue before the City Council is not whether a specific site is suitable for a daycare and preschool facility, but rather, whether or not this type of facility is a compatible use with other uses in the C-3B zoning district. The City Administrator further indicated that the issues regarding a specific site could be addressed at the time of review of the conditional use permit request, should the zoning ordinance amendment be approved. Discussion was carried on regarding the amount of fenced outdoor play area re- quired per child and the number of children proposed to utilize the daycare and preschool facility in question. Mr. Fitzgerald indicated that as part of the Planning .Commission's review of the request, an in estigation was done regarding other site options available for such a facilit and found that there were none. Mr. Fitzgerald indicated that he had checke the Adam's furniture warehouse site and found the lease fee to be too high Councilmember Gunk 1 indicated that she had found in checking the sites available in zones where daycare/preschool facilities are presently allowed as conditional uses, that perhaps the requirements may be difficult to meet in those areas as well. Councilmember Gunkel further indicated that the question is whether or not the area is appropriate for such a facility, and that the specific buildings located in the zoning district were not the issue. Rick Breezee, Building and Zoning Administrator, expressed his concern for location of a daycare/preschool facility in a high traffic highway frontage location and felt that the use proposed was inappropriate and not compatible with other uses in the present C-3B zoning district. Mr. Fitzgerald indicated that as he had stated before, the applicants realize that the site in question was not the most desirable site, but that it is very evident there is a great need for such a facility. Councilmember Gunkel indicated that location of daycare and preschool facilities is a sensitive issue and that in the past, a request for the location of similiar facilities in an R-3 residential zone received strong opposition from property owners in the area where the facility was proposed to be located. Councilmember Engstrom expressed his concern for meeting the needs of the community for such a facility, and indicated that he would support the amendment to the zoning ordinance. Mayor Hinkle closed the public hearing. COUNCILMEMBER DUITSMAN MOVED TO APPROVE ORDINANCE 84-4, AN ORDINANCE AMENDING SECTION 900.16, Sub. 6B - C-3B HIGHWAY COMMERCIAL DISTRICT, TO ALLOW DAYCARE AND PRESCHOOL FACILITIES AS CONDITIONAL USES IN C~3B ZONING DISTRICTS. COUNCIL- MEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4..,..1. COUNCILMEMBER SCHULDT OPPOSED. . City Council Minutes May 21, 1984 Page Four Councilmember Schuldt indicated that he has inspected the proposed site for the daycare/preschool and felt that there is a great deal of work that would have to be done before the building and surrounding area could meet the safety require- ments. Mayor Hinkle indicated that those concerns could be addressed at the time of the conditional use permit application review. Councilmember Schuldt questioned Rick Breezee, Building and Zoning Administrator, whether or not the play area must be usable prior to opening the operation. Mr. Rick Breezee indicated that all City and State requirements must be met before a Certificate of Occupancy would be issued. Discussion was carried on regarding the time frame Ms. Eckdahl and Ms. Kreuser were working in, with regard to opening the facility, State requirements, and other safety issues regarding the proposed building. 5~. Feasibility Study - Watermain Project for the East Main Street Improvement The City Administrator indicated that previously, the City Council and Utilities Commission determined the need for a water trunk line to be connected somewhere in the Barrington Place PUD, which was anticipated in the Water Improvement Study. Councilmember Duitsman questioned how long the study would take. The City Administrator indicated that since most the background information is already available, the feasibility study could possibly be completed in two weeks. COUNCILMEMBER DUITSMAl'NMOVED TO APPROVE RESOLUTION 84-15. ORDERING THE FEASIBILITY STUDY FOR THE WATERMAIN ROJECT FOR THE EAST MAIN STREET IMPROVEMENT. COUNCIL- MEMBER GUNKEL SECONDED T E MOTION. THE MOTION PASSED 3-0. 6. Denzer Request for COI'lditional Use Permit - Public Hearing Mayor Hinkle indicate~ t at Mr. Gary Denzer of 13425 Southridge Road, Minnetonka has requested a conditio al use permit to locate a temporary trailer on his pro- perty in Section 23, ~ff 203rd Avenue N.W. Mayor Hinkle indicated that Mr. Denzer wishes to use the trahe as a temporary residence while he is constructing a new home. Mayor Hitkl further indicated that the Planning Commission reviewed Mr. Denzertslre uest for a conditilional use permit at their April 24th meeting and unanimous ly ecommended approval of the permit. Mayor Hinkle opened tJe ublic hearing. Mr. Randy Lindquest., JrJ erty owner directly west of the Denzer p'r'operty, ex- pressed his concerns ~f ~afety and potential snow removal problems Mr. Denzer's driveway access may cfuS . Mr. Lindquest further expressed concern as to the location of the righttof ay in relation to Mr. Denzer's proposed access to his property. I .. . I . D1scuss1on was carr1ed 0 regard1ng the location of the road right-of~way off 203rd Avenue NW. City Council Minutes May 21, 1984 Page Five Mr. Rick Breezee, Building and Zoning Administrator, indicated that the staff and County Surveyor or City Engineer would investigate the location of the right-of-way markers to be sure that Mr. Denzer's access to 203rd Avenue NW. is properly located. Mayor Hinkle indicated that the question at hand was the request for a con- ditional use permit for the temporary trailer and he could see no problems in issuing the permit for a six-month period as requested. Mayor Hinkle closed the public hearing. Rick Breezee indicated that Mr. Denzer has received a building permit and that a new water and septic system was in place at the site and would be hooked up to the temporary trailer for use during construction of his home. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY MR. GARY DENZER TO LOCATE A TEMPORARY TRAILER ON HIS PROPERTY TO BE USED AS A TEMPORARY RESIDENCE FOR A SIX-MONTH PERIOD. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 7. Hicks Request for a Conditional Use Permit - Public Hearing Mayor Hinkle indicated that Mr. Jerry Hicks, representing Elk River Bituminous at 21566 Highway #169, has requested a conditional use permit to operate a mineral extraction operation at the Elk River Bituminous seven-acre site. Mayor Hinkle indicated that the Planning Commission reviewed the r~quest at their April 24th meeting, and unanimo~slyrecommended approval of the conditional use permit. Mayor Hinkle further indicated that Mr. Hicks had done an excellent and very thorough job in preparing the necessary information for the City's review and wished to compliment Mr. Hichs for his efforts. Mayor Hirtkle further indicated that conditional use pe~~it is the first step of the licensing pro- cedure and that the second step would be the application for the actual mineral extraction license. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the conditional use permit. Mayor Hinkle closed the public he~ring. COUNCILMEMBER DUITSMAN MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR A TWENTY YEAR PERIOD, WITH THE STIPULATION THAT ALL~OF THE INFORMATION SUBMITTED IN THE CONDITIONAL USE PERMIT APPLICATION BE I~G8RPORATED IN THE MINERAL EXTRACTION LICENSE. COUNCILMEMBER GUNKEL SECONDED .THE MOTION. THE MOTION PASSED 3-0. ., Mr. Julius Nemeth questioned whether Bauerly Brothers has applied for a conditional use permit. Mr. Rick' Breezee, Building and Zoning Administrator indicated that Bauerly Brothers 4~' in the process of making their application to the City. I " ' I Mr. Bill Hanley, attorney represehting Mr. Hicks, questioned how the $750 I mineral extraction license fee was determined. Discussion was carried on re- garding the fairness of a flat chrrge versus a per-acre charge, and the City Council Minutes May 21, 1984 Page Six possibility of prorating the fee for only the months the business was in operation. The City Administrator indicated that it is his feeling that the gravel tax addresses balance of fees charged, as the larger operations pay more gravel tax and the smaller operations pay less. It was the consensus of the City Council that further consideration be given to the mineral extraction license fee at a later date. 8. Warren Williams Request for Conditional Use Permit- Public Hearing Mayor Hinkle opened the public hearing. Mayor Hinkle indicated that Mr. Warren Williams of 21268 York Street, Elk River, has requested a c6nditionalusepermit.to allow him to construct a 24 foot by 30 foot wooden horse barn on his four and one half acre parcel of property in Greenhead Acres 3rd Addition. Mayor Hinkle further indicated that the Planning Commission reviewed Mr. Warren's request at their meeting of April 24th and recommended approval of the conditional use permit with a condition that the number of horses permitted on the property be limited to three and that no other livestock be allowed. Mayor Hinkle further indicated that since the proposed building would be a wood structure and not a metal- skinned structure, and further, that there was sufficient vegitation to screen the building from surrounding uses, that he could see no problems in issuing the conditional use permit request. Mayor Hinkle questioned Mr. Williams as to whether or not Mr. Williams had any problems with the conditions recommended by the Planning Commission. Mr. Williams indicated that the conditions were acceptable to him. Councilmember Gunkel indicated that City staff has suggested that Mr. Williams locate the proposed building closer to his residence, so that if a neighbor were to build a home on the property adjacent to Mr. Williams' property, that the neighbors residence could potentially be closer to the proposed agricultural building than Mr. Williams' residence. Mr. Rick Breezee indicated that Mr. Peter Floodquist has already built a home on the site next to Mr. Williams' property and that the proposed building would not be closer to Mr. Floodquist's property than to Mr. Williams' property. The City Administrator indicated that he was not aware that there was a residence constructed on the neighboring property, and as such recommended approval of the conditional use permit in the location originally proposed by Mr. Williams. Discussion was carried on regarding the basis for setting a limit on the number of horses allowed on a parcel of property. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY MR. WARREN WILLIAMS WITH THE CONDITION THAT THERE BE A MAXIMUM OF THREE HORSES ALLOWED AND NO OTHER LIVESTOCK BE ALLOWED, AND FURTHER THAT ALL REQUIREMENTS OF THE CITY'S NUISANCE ORDINANCE BE APPLIED TO THE CONDITIONAL USE PERMIT. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. City Council Minutes May 21, 1984 Page Seven 9. Roger James Administrative Subdivision Request - Public Hearing Mayor Hinkle indicated that Mr. Roger James of 21260 Meadowvale Road has requested an administrative subdivision to divide 3.65 acres from his exist- ing 15.86 acre parcel of property, to sell to his neighbor to the north, Mr. Mike Townsend. Mayor Hinkle opene the public hearing.. No one appeared fo or in opposition of the administrative subdivision request. Mayor Hinkle close the public hearing. COUNCILMEMBERDUIT MAN MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST AS SUBMITTED BY MR. ROGER JAMES. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Discussion was carried on regarding the requirement of a private road agreement, should Mr. James' neighbor to the west, Mr. Rohlf, decide to build a residence on his property. 10. Michael Goulet Administrative Subdivision Request - Public Hearing Mayor Hinkle indicated that Mr. Michael Goulet of 3914 Breezy Point Drive, Wyoming, Minnesota, has requested an administrative subdivision for property on 207th Avenue. Mayor Hinkle further indicated that Mr. Goulet wishes to subdivide a 2~ acre parcel from his existing 52~ acre parcel. Mayor Hinkle opened the public Hearing. Doreen Pole questioned what Mr. Goulet intended to do with the rest of the property. Mr. Goulet indicated that at this time, he intends to use it for agricultural/farming purposes. Norma Lemke expressed her concern that Mr. Goulet will further subdivide his property at some future date. Mayor Hinkle indicated that it was not the Council's right to restrict Mr. Goulet as to what he may and may not do with his property in the future, so long as he meets the City's ordinance requirements. Mayor Hinkle further in~ dicated that the administrative subdivision request does meet the City's zoning and subdivision ordinance requirements and sees no reason to deny the request. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY MR. MICHAEL GOULET OF 3914 BREEZY POINT DRIVE, WYOMING, MINNESOTA. COUNCIL- MEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Zoning Ordinance Amendment Regarding Funeral Parlors as Principal and Condi- tional Uses - Public Hearing Continued Mayor Hinkle opened the public hearing. City Council Minutes May 21, 1984 Page Eight No one appeared for or in opposition of the proposed zoning ordinance amendment. Mayor Hinkle closed the public hearing. Mayor Hinkle reviewed for the City Council and audience present, the request to allow funeral parlors as principal uses in C-3A and C-3B zoning districts, and as conditional uses in R~3, R-4 and C-4 zoning districts. Councilmember Schuldt indicated that he felt that the proposed use was not compatible in residential districts, and further that he did not feel it was within the City Council's authority to dictate how a building must look, as the conditional use permit process would allow them to do just that. COUNCILMEMBER GUNKEL MOVED TO APPROVE ORDINANCE 84-5, AN ORDINANCE AMENDING THE CITY'S ZONING ORDINANCE TO ALLOW FUNERAL PARLORS AS PRINCIPAL USES IN C-3A AND C-3B ZONING DISTRICTS, AND AS CONDITIONAL USES IN R-3, R-4, AND C-4 ZONING DISTRICTS. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-1. COUNCIL- MEMBER SCHULDT OPPOSED. 12. Administrator's Update A. League of Minnesota Cities Conference Attendance Mayor Hinkle indicated that he felt the League conference is anticipated to be a very informative conference and that it would be advantageous for the City of Elk River to attend. The City Council reviewed the expenses proposed in the City Administrator's memo dated May 16, 1984. COUNCILMEMBER GUNKEL MOVED TO AUTHORIZE ATTENDANCE OF CITY STAFF MEMBERS AS LISTED IN THE CITY ADMINISTRATOR'S MEMO TO THE MAYOR AND CITY COUNCIL DATED MAY 16, 1984, AND ALSO THE ATTENDANCE OF ANY COUNCILMEMBERS ABLE TO ATTEND THE LEAGUE CONFERENCE IN DULUTH FROM JUNE 12TH THROUGH JUNE 15TH, 1984. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. B. Highway #169 and Main Street Signal The City Administrator indicated that in response to his letter to the District Engineer, the Minnesota Department of ~ransportation has indicated that the bid opening for the project has been scheduled for July 22nd. The City Administrator further indicated that Mn/Dot has determined that it will take approximately 3-4 months to get the neces- sary equipment for the signal installation, but that the signal should be in and functional this calendar year. C. 911 System The City Administrator indicated that he has received a letter from Dave Anderson stating that the 911 system is in the final stage for implementation in the Elk River-Sherburne County area and that all street names and addresses have been entered into the system. The City Administrator further indicated that Mr. Anderson expressed his concern that the Council use care in changing names of streets in the futur~ as this could cause problems with City Council Minutes May 21, 1984 Page Nine the 911 system. E. Ramsey Airport Meeting Mayor Hinkle indicated that he had attended a meeting regarding the Gateway airport in Ramsey, the financial status of the airport, and had learned that Gateway was looking to the City of Ramsey to take over the airport. Mayor Hinkle indicated that he realized the need for small satellite airports such as Gateway, to take off some of the burden on larger airports, but that he felt there was extreme opposition of the residents to the airport expanding its present operations to make the continuation of the facility financially feasible. F. Next Meeting Date It was the consensus of the City Council that the Council would not meet on Tuesday, May 29th, following MemoriAl Day. G. Hobbit Hills The City Administrator briefly reviewed with the City Council the options available to deal with the Hobbit Hills assessments as stated in his memorandum to the Mayor and City Council dated May 18, 1984. It was the consensus of the City Council that a meeting would be scheduled with Dave Sellergren, City Attorney, to discuss the Hobbit Hills assessments. H. City Facilities Study The City Administrator indicated that the Citizens Advisory Committee has requested more specific information regarding the present City facilit!y and further indicated that the City Council should consider having an appraisal done on the existing site to determine marketability if the site were to be sold. The City Administrator indicated that Mr. Jack Boarman feels the appraisal would cost approximately $1,500. Councilmember Engstrom questioned whether or not Ty Bischoff of Sherburne County would be able to do the appraisal for less cost. Discussion was carried on regarding cost of an appraisal, who should do the appraisal and how detailed the appraisal should be, in the event a very detailed appraisal would be necessary to present to the voters. It was the consensus of the City Council that the City Administrator obtain quotations for the appraisal before proceeding, and that the cost of the appraisal be kept under $500 if possible. Discussion was carried on regarding various aspects of the capital im- provement program including road improvements in the Ridgewood area and commercial lighting in the Gates Avenue area. 13. Check Register COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE MAY 21, 1984 CHECK REGISTER. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. City Council Minutes May 21, 1984 Page Ten There being no further business, COUNCILMEMBER ENGSTROM MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully submitted, ~/(~~ Deborah Kleckner DK:st