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07-20-1981 CC MIN REGULAR SEHI -MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY JULY 20, 1981 Members Present: Mayor Hinkle, Councilmembers Schuldt, Engstrom, Toth and Duitsman Members Absent: None 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2 . Agenda Item 14A - ICMA Conference, was substituted for Item 14A - Gravel Tax; on the July 20, 1981 City Council Agenda. COUNCILMAN SCHULDT MOVED APPROVAL OF THE JULY 20, 1981, CITY COUNCIL AGENDA AS AMENDED. COUNCILMAN ENGSTROM SECONDED THEMOTION~. THE MOTION PASSED 4-0. 3. Minutes COUNCILMAN DUITSMAN HOVED APPROVAL OF THE MINUTES OF THE JULY 6, 1981 CITY COUN- CILMEETING. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PAS SED 4-0. 4. A. Open Mike Mr. Chester Pieri, resident of the City of Elk River, questioned the City Council on a number of topics; namely, the Industrial Revenue Bonds for Residential Housing issue, the bond rating for the City of Elk River, the improvement of the tax base through consolidation, and the need of repairs on the old township roads. Councilman Duitsman explained that the issuance of industrial revenue bonds for residential housing would not cost the City of Elk River, but, if the the seller defaulted, it could~ssibl, affect the bond rating of the City. Councilman Duitsman further explained that the City of Elk River had a gen- eral fund defic~t, which has now been eliminated; but the bond rating com- pany has indicated that they want to see a trend on financial improvements before upgrading the City's rating. The City Administrator explained the Municipal State Aid System and that all designated State Aid roads must adjoin State Aid roads to qualify for Muni- cipal State Aid funding. B. Open Mike Report -Mediscreen Use at Highway 10 and Upland The City Administrator indicated that according to the Planning Commission and City Council minutes of 1977, the City Council approved a zone change from residential to commercial with a conditional use stipulating that the main floor be used as a Masonic Lodge and that the lower level was to be used as rental/commercial space. The City Administrator further indicated that no specific restrictions were placed on the building or the particular type of use that would be allowed in the Masonic Lodge building. The City Administra- tor further indicated that the property has recently been rezoned to R-1C and Page Two July 20, 1981 as such, the connnercial use in the Masonic Lodge building is a non-con- forming use; but, this use is allowed to continue in this location as it W~~ in existence prior to the adoption of the new zoning ordinance. The City Administrator indicated that it would be possible for the City to require Mediscreen, Inc. to construct a buffer fence or to plant a buffer of trees to Screen the property under either the new or old ordinance; and further indicated that an all-weather parking lot could be required for the property. General discussion was carried on regarding the lot size, the names of the businesses operating out of the Mediscreen location and the number of ve- hicles parked on the property. Councilman Toth suggested that a member of the Masonic Lodge be contacted regarding the Mediscreen operation. General discussion was carried on re- garding the requirement of a blacktop parking lot for connnercial properties. Councilman Toth asked the City Administrator to review the conditional use permits issued for connnercial properties requiring blacktop parking lots. COUNCILMAN DUTISMAN MOVED TO REQUEST THE CITY ADMINISTRATOR TO REVIEW THE CONDITIONAL USE fERMITS THAT REQUIRE COMMERCIAL PROPERTIES TO HAVE BLACKTOP PARKING LOTS AND TO NOTIFY THE OWNERS CONCERNED OF THE CONDITIONAL USE REQUIREMENT. COUNCILMAN.ENGSTROM SECONDED.THE.MOTION. THE MOTION PASSED 4-0. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE THE MAYOR AND THE CITY ADMINISTRATOR TO CONTACT MEMBERS OF THE MASONIC LODGE REGARDING THE MEDISCREEN USE OF THE PROPERTY. . COUNCILMAN ENGSTROM SECONDED THE MOTION ~ THE MOTION PASSED 4-0. 5. Beautification Connnittee Proposal to COllstruct Fence 011 North Side of Municipal Parking Lot Mayor Hinkle indicated that two letters have been received from the local business owners asking that the City Council not approve the construction of a fence on the north side of the municipal parking lot and further indicated that the store own- ers are interested in improving the back side of the properties with some type of screening but not hiding the lot from the public view. Police Chief Tom Zerwas indicated that the construction of a fence would cause a problem of visibility. The City Administrator indicated that he reconnnended that the City Planner, Mr. Zack Johnson, be requested to look at the area and make suggestions for improve- ments. The City Administrator further reconnnended that the City Council authorize the Beautification Connnittee to work with the store owners and the City Planner to solve the problem. COUNCILMAN ENGSTROM MOVED TO AUTHORIZE THE CITY BEAUTIFICATION COMMITTEE TO WORK WITH THE STORE OWNERS AND MR.ZACK JOHNSON TO REACH A SOLUTION REGARDING THE IMPROVE- MENT OF THE BACK SIDE OF THE PROPERTIES ALONG THE MUNICIPAL PARKING LOT~ COUNCIL-' MAN DUITSMAN.SECONDED.THE.MOTION. THE. MOTION PASSED.4-0. Page Three July 20, 1981 6. 1981 Dutch Elm Disease Tree Program The City Administrator indicated that the City Council had approved the Shade Tree budget of $12,000 for 1981 based upon the assumption that the State would reimburse to the City 50% of eligible disease tree expenses and further indica- ted that the 1981 legislative session of the State legislature reduced the amount of funds available for Dutch Elm disease tree programs and as such, the 1981 reimbursement rate will be 25 percent. The City Administrator indicated that a revised budget from $12,000 to $10,000 with the $2,000 subtraction from the money available for reforestation would re- sult in an ending fund balance of approximately $2,000. The City Administrator further indicated that the City Council should determine at what level the City will reimburse individuals for expenses of removing diseased elm.trees. COUNCILMAN DUTISMAN MOVED TO APPROVE THE CONTINUED 45 PERCENT SUBSIDY TO INDI- VIDUALS FOR EXPENSES INCURRED IN REMOVING DISEASED ELM TREES AND THE BALANCE OF THE PROJECTED $10,000 BUDGET EXCLUDING COSTS REIMBURSED FROM THE STATE BE USED FOR REFORESTATION ON PUBLIC LANDS ONLY. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Sanitary Sewer Interceptor The City Administrator indicated that the City has been faced with the problem of obtaining easements through the residential lots in the Schoolview Addition for the construction of the sanitary sewer interceptor and further indicated that the total cost of easement acquisitions to serve that area could be as high as $12,000 to $15,000. The City Administrator indicated that a more feasible alternate is to re- route the interceptor lines through what is known as Outlot A in the School- view Addition. The City Administrator indicated that the soil tests on the Outlot A have poor construction quality and that the actual location of the pipe would be an acceptable sandy material. The City Administrator indicated that the owner of Outlot A, Mr. Marvin George, has indicated that he would sell the property to the City for back taxes which amount to approximately $33.31. The City Administrator further indicated that the extra cost of relocating the sanitary sewer interceptor from the proposed route through Lot A would be approximately $4,500. COUNCILMAN TOTH MOVED TO AUTHORIZE THE MAYOR AND CITY ADMINISTRATOR TO ACQUIRE OWNERSHIP OF OUTLOT A FOR BACK TAXES IN THE AMOUNT OF $33.31 AND TO AUTHORIZE THE CITY ENGINEER.TO RE-DESIGN THE SANITARY. SEWER INTERCEPTOR TO.A ROUTE THROUGH OUTLOT. A AND TO. AUTHORIZE. THE ADDED WORK OF THE CITY'S CONTRACTOR IN THE AMOUNT OF APPROXIMATELY $4,500 WITH THE UNDERSTANDING THAT THE FINAL AMOUNT WOULD BE DETERMINED IN A FORMAL CHANGE ORDER TO BE APPROVED BY THE CITY COUNCIL. COUNCIL- MAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. Page Four July 20, 1981 8. Santwire Administrative Subdivision - Public Hearing Mayor Hinkle indicated that in the original plat and survey of Barrington Place Addition, an error was discovered in as much that the actual lot lines of Lots 21, 22, 23, and 24, of Block 3, do not correspond with the walls of the four- unit buildings already constructed in the Barrington Place Addition. Mayor Hinkle indicated that Mr. Santwire has asked that the City approve an administrative subdivision to correct the lines to correspond to the walls as constructed. COUNCILMAN DUITSMAN MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY MR. SANTWIRE FOR LOTS 21, 22, 23"AND 24, BLOCK 3, BARRINGTON PLACE ADDITION. COUNCILMAN TOTH SECONDED THE MOTION. THE-MOTION PASSED 4-0. 9. Elk River Machine Company Variance The City Administration indicated that Elk River Machine Company has requested a variance to locate an addition to their building 15 feet closer to the right-of- way line than is permitted in the City's zoning ordinance. The City Administrator indicated that in the variance procedure, the Planning Commission must submit a recommendation to the City Council prior to the final determination on the var- iance and further indicated that the public hearing was inadvertently advertised prior to the Planning Commission's meeting and therefore, recommended that the City Council continue the public hearing until the first meeting in August at which time the City Council will have the recommendation of the Planning Commis- sion. COUNCILMAN DUITSMAN MOVED TO CONTINUE THE PUBLIC HEARING FOR THE ELK RIVER MACHINE VARIANCE REQUEST UNTIL THE AUGUST 3, 1981, CITY COUNCIL MEETING. COUNCILMAN ENG- STROM-SECONDED-THE MOTION. THE.MOTION PASSED 4-0. 10. Zoning Amendments to Permit Personal Mini-storages as a Conditional Use in an R-4 Zone. The City Administrator indicated that Mr. Larry Morrell has requested a zoning ordinance amendment to permit as a conditional use in R-4/Multiple Family Residen- tial Zone personal mini-storage buildings. The City Administrator indicated that the City staff is not oppdsed to the ..request~d ch:m\te' ~p.J:hezoning ordina~'J:aa long as sufficient conditions are placed upon the personal mini-storage buildings to make them compatible with the other uses in the R-4 zone. The City Administra- tor indicated that any buildings constructed be similar in appearance to those normally found in an R-4 zone and in addition, conditions or noise generated by this facility, the hours of operation, and items such as landscaping, should be addressed and regulated by the City Council. General discussion was carried on regarding the type of building proposed, the use of the building, the amount of buildings planned for the area, and the need of that type of building in the community. Councilman Duitsman indicated that he was in favor of the staff recommendation to approve the change in the zoning ordinance with conditions placed upon the personal mini-storage buildings to make them compatible with the other uses in the R-4 zone. COUNCILMAN DUITSMAN MOVED TO APPROVE THE ZONING ORDINANCE AMENDMENT-TO PERMIT AS A CONDITIONAL USE INR- 4IffiJLTIPLE FAMILY RESIDENTIf\LZONr:S,. PER,SONAtMINI-S'I'fi>~G1} BUILDINGS WITH A STATEMENT _OF _ CONDITIONS TO MAKE THE PERSONAL MINI-STORAGE BUILD- INGS COMPATIBLE WITH THE OTHER USES IN THE R..;.4 ZONE. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Page Five July 20, 1981 11. Various Zoning Ordinance Amendments The City Administrator indicated that the major change proposed in the Zoning Ordinance deals with an addition to the yard regulation section of the ordinance which will permit multiple family dwellings to have common walls and not have to comply with the side yard or rear yard setbacks. COUNCILMAN SCHULDT MOVED TO APPROVE THE ZONING ORDINANCE CHANGE FOR NUMBER 900.20~ SECTION 6, TO ADD E - ZERO LOT LINE IN MULTI-FAMILY DEVELOPMENTS, IN- TERIOR SIDE LOT LINES WHICH CORRESPOND EXACTLY WITH A COMMON OR PARTY WALL BE- TWEEN TWO ADJOINING STRUCTURES PROVIDING THE FOLLOWING CRITERIA ARE COMPLIED WITH: 1. EACH OF THE LOTS CREATED BY THE SUBDIVISION WILL BE EQUAL IN AREA OR AS NEAR EQUAL AS REASONABLY POSSIBLE. 2 . EACH LOT SHALL CONTAIN NO LESS THAN THE FULL MINIMUM LAND AREA REQUIREMENT FOR THAT ZONE. 3. EXCEPT ALONG COMMON WALL LINES, ALL OTHER SETBACKS ARE MET. 4. THE SUBDIVISION OF THE LOT SHALL BE ACCOMPLISHED BY PLAT IN ACCORDANCE WITH SUBDIVISION ORDINANCE 1008. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE.MOTION PASSED 5-0. The City Administrator further indicated that the Planning Commission did not make a recommendation regarding the .definition of truck terminals to be added to Section 900.08 and the principal uses by districts to be added to Section 900.12; and therefore, recommended that the City Council receive a recommendation from the Planning Commission before making a decision on the ordinance change. It was the concensus of the City Council to wait for the Planning Commission's recommendation regarding the zoning ordinance changes to Section 900.08 and 900.12. 12. Repair of Elk Hills Drive Mayor Hinkle indicated that the estimated cost for the improvement of the dip in Elk Hills Drive is approximately $3000 and further indicated that this estimate is based on the understanding that the City crew would remove the existing black- top and haul the necessary Class 5 to this site. Mayor Hinkle indicated that the developer of Barrington Place, Mr. Gary Santwire, has indicated that he is willing to participate in a 50-50 split for the cost of the improvement. Mr. Gary Santwire suggested that the City Council consider adding a right turn lane at Elk Hills Drive at Highway 169 at the same time of the construction of the improvement in Elk Hills Drive. General discussion was carried on regarding the need of a right turn lane, the approximate cost of constructing a right turn lane, and who would pay for the cost. Page Six July 20, 1981 COUNCILMAN TOTH MOVED TO AUTHORIZE THE COMPLETION OF THE REPAIR OF ELK HILLS DRIVE WITH THE ASSUMPTION THAT THE COST WOULD BE SPLIT EVENLY WITH MR. SANTWIRE AND THE CITY OF ELK RIVER. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MO- TIONPASSED 4-0. Counciliman Toth suggested that the City Administrator obtain cost estimates from Consulting Engineers Diversified to construct a right turn lane at the inter- section of Elk Hills Drive and Highway 169. 13. Issuance of 3.2 Beer License to Sherburne County Lions Club COUNCILMAN TOTH MOVED TO APPROVE THE 3.2 BEER LICENSE FOR SHERBURNE COUNTY LIONS CLUB. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Administrative Update A. ICMA Conference The City Administrator indicated that the ICMA Conference is scheduled for September 20 through September 24 at Anaheim, California and further indicated that the approximate . cost of his. ttttendance.. at the lCMA Conference would be $860. The City Administrator reviewed the programs to be presented at the conference. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE.. THE CITY ADMINISTRATOR' TO.. ATTEND THE. ICMA CONFERENCE IN ANAHEIM, CALIFORNIA, SEPTEMBER 20-24,. WITH A FORMAL REPORT IN.WRIT- ING TO BE PRESENTED TO THE CITY COUNCIL AFTER THE CONFERENCE; , COUNCILMAN TOTH SECONDED THE MOTION.' THE MOTION PASSED 4-0. B. Sanitary Sewer Interceptor The City Administrator indicated that the Engineers are in the process of re-designing the interceptor route through Outlot A and then at that point, would be able to know what is needed for an easement from Mrs. Powers. Councilman Toth asked that the City Administrator request the Engineers to look at every practical way to route the interceptor to avoid as much damage as possible to the trees and propberty. 15. Check Register COUNCILMAN'TOTH MOVED TO APPROVE THE CHECK REGISTER. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 16. Tentative Agenda eoaditional Use Permit request by Larry Mprrell, th..,Dtiteh Elm program, the. stop sign request at Highway 1 and Proctor Road. the zoning ordinance amendment, and the Mediscreen building, are all items tentativelysoheduled for the August 3, 1981, City Council Meeting. Page Seven July 20, 1981 There being no further business, COUNCILMAN TOTH MOVED TO ADJOURN THE MEETING. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully submitted, ~~~ ~~ . Phyllis Boedigheimer ~ -.g~ ~ Deputy City Clerk/Treasurer PB:dkk