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12-07-1981 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY DECEMBER 7, 1981 Members Present: Mayor Hinkle, Councilmembers Schuldt, Engstrom and Duitsman Members Absent: Councilman Toth 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2 . Agenda Item 3~ - the Proclamation of National Shoplifting Prevention Week, Item 17~ - Insurance Coverage, the deletion of Item 8, and the changing of Item 16 to Item 8 were all corrections made to the December 7, 1981 City Council Agenda. COUNCILMAN DUITSMAN MOVED TO APPROVE THE DECEMBER 7, 1981 CITY COUNCIL AGENDA AS AMENDED.' COUNCILMAN' ENGSTROM' SECONDED' THE . MOTION.' THE MOTION PASSED' 3-0. 3. Minutes COUNCILMAN ENGSTROM MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 16, 1981 CITY COUNCIL MEETING. 'COUNCILMAN' SCHULDT SECONDED THE' MOTION. THE MOTION PASSED 3-0. 3~. Proclamation of National Shoplifting Prevention Week Mayor Hinkle read the proclamation presented to the City Council by the Elk River High School DECCA Club, proclaiming December 7th through December 11th as National Shoplifting Prevention Week. Members of the DECCA group reviewed the following projects they were doing to promote National Shoplifting Prevention Week: A poster contest with theklndergarten through sixth grade children, a warning poster pamphlet with national statistics regarding shoplifting, attendance at the re- tailers' association meeting to inform the retailers of means of prevention of shop- lifting and a student's survey. The City Council tommended the DECCA group for their shoplifting prevention project. 4. Open Mike No one appeared for this item. 5. Kreuser Plat I-Final Plat Approval The City Administrator indicated that Mr. Kreuser is requesting approval of phase one of his preliminary plat proposed for a townhouse development at the southeast corner of the intersection of Evans Avenue and Third Street. The City Administra- tor further indicated that phase one consists of one four-unit building and ac- companying four lots, and further indicated that it is in consistence with the original preliminary plat design and recommended approval of the final plat. COUNCILMAN DUITSMAN MOVED TO APPROVE THE FINAL PLAT 1 OF KREUSER'S PLAT LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF EVANS AVENUE AND 3RD STREET. COUNCILMAN'SCHULDT SECONDED THE'MOTION. THE'MOTION PASSED 3-0. December 7, 1981 Page Two --, 6. Greenhead Acres 3rd Addition Change Order and Pay Estimate Mayor Hinkle indicated that Change Order Number 1 for Greenhead Acres 3rd Addition and Pay Estimate Number 2 for Greenhead Acres was discussed at the previous City Council meeting and since that date, the developer, Mr. Lloyd Aderson, and the City's Engineer, Consulting Engineers Diversified, have come to an agreement on the issue involving the tree and stump removal in the Green- head Acres project. Mr. Jeff Roos of Consulting Engineers Diversified, indica- ted that the problems regarding the tree and stump removal have been resolved and that it is recommended that the City Council approve the Change Order Number 1 and Pay Estimate Number 2. COUNCILMAN DUITSMAN MOVED TO APPROVE PAY ESTIMATE /12 TO BUFFALO BITUMINOUS IN THE AMOUNT OF $56,107. 74 FOR GREENHEAD ACRES 3RD ADDITION. COUNCILMAN ENGSTROM SECONDED THE MOTION ~ THE MOTION PASSED 3-0. COUNCILMAN DUITSMAN MOVED TO APPROVE CHANGE ORDER NUMBER 1 WITH BUFFALO BITUMINOUS FOR GREENHEAD ACRES3RD ADDITION. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 7. Utilities Commission Appointment Mayor Hinkle indicated that the term of Henry Duitsman as a member of the Elk River Municipal Utilities Commission, will expire on December 31, 1981, and further indicated that Mr. Duitsman has indicated his willingness to serve an additional term as a Utilities Commissioner. COUNCILMAN SCHULDT MOVED TO APPOINT HENRY DUITSMAN TO THE ELK RIVER MUNICIPAL UTILITIES COMMISSION FOR A THREE-YEAR TERM, BEGINNING JANUARY 1, 1982. COUNCIL- MAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. COUNCILMAN DUITSMAN ABSTAINED. 8. Hobbit Hills Pay Estimate Number 2 and Final Pay Estimate Number 3 Mayor Hinkle indicated that Consulting Engineers Diversified has recommended payment of Pay Estimate Number 2 to Bauerly Brothers for $63,532.59 for the Hobbit Hills project, and further indicated that Consulting Engineers Diversified has recommended final payment in the amount of $7,645.13 to Bauerly Brothers pending receipt of: 1. An affidavit of withheld taxes; 2. A consent letter from the surety company; 3. A certification ,of payment. COUNCILMAN DUITSMAN MOVED TO APPROVE PAY ESTIMATE NUMBER 2 TO BAUERLY BROTHERS IN THE AMOUNT OF $63,532.59 FOR THE HOBBIT HILLS PROJECT AND PAY ESTIMATE NUMBER 3, FINAL PAYMENT OT BAUERLY BROTHERS IN THE AMOUNT OF $7,645.13 FOR THE HOBBIT HILLS PROJECT ,PENDING THE RECEIPT OF AN AFFIDAVIT OF WITHHELD TAXES, CONSENT LETTER FOR THE SURETY COMPANY AND CERTIFICATION OF THE PAYMENT. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 9. Tescom/John Oliver and Associates Administrative Subdivision - Public Hearing The City Administrator indicated that Tescom Corporation is interested in adquiring a piece of property in the City's Industrial Park, immediately adjacent to the existing platted area, which would require an administrative subdivision, creating an additional lot in the Industrial Park. Councilman Page Three December 7, 1981 Duitsman questioned the grading of the specific lot. Mr. Rick Breezee~ the City's Building Official, indicated that the specific lot Tescom Corporation is interested in acquiring is a more buildable lot than the other lots in the platted area and that it does not need the fill or excavating that some of the other lots do. Mayor Hinkle opened the public hearing. No one expressed concern of the administrative subdivision request. COUNCILMAN SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY MR. JOHN OLIVER AND ASSOCIATES/TESCOM CORPORATION, FOR ONE LOT IN THE INDUSTRIAL PARK. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 10. Morrell Administrative Subdivision - Public Hearing Mayor Hinkle indicated that an administrative subdivision request has been made by Larry Morrell to separate a lot that the mini storage building is located on from the existing transfer building property. Mayor Hinkle further indicated that their lot division presents no difficulties for the City and is in conformance with the necessary regulations and it is therefore recommended by City staff that the City Council waive formal platting requirements and approve the administrative subdivision. General discussion was carried on regarding the necessity of the administrative subdivision and the height of a fence around the storage building property. The Building and Zoning Administrator indicated that the zoning ordinance requires a six foot high fence. COUNCILMAN DUITSMAN MOVED TO WAIVE FORMAL PLATTING REQUIREMENTS AND APPROVE THE ADMINISTRATIVE SUBDIVISION FOR MR. LARRY MORRELL FOR THE PROPERTY IN THE SOUTHWEST CORNER OF THE INTERSECTION OF SCHOOL STREET AND JACKSON AVENUE. COUNCILMAN ENGSTROM.SECONDED THE MOTION. THE MOTION PASSED 3-0. 11. Larsen Appeal to the Board of Zoning Adjustment Mayor Hinkle indicated that Mr. Neil Larson has appealed an interpretation of the City's zoning ordinance to the Elk River Board of Zoning Adjustments. Mayor Hinkle further indicated that Mr. Larson's appeal concerns the Mobil gas station, located at 356 Jackson Avenue. Mayor Hinkle indicated that the Mobil Station is a nonconforming use in its present location and that Mr. Neil Larson has requested replacement of the existing gas pumps and gas storage tanks with new and larger units. Mayor Hinkle indicated that this is the third time the City Council has been concerned with requests for improvements or alter- ations on nonconforming uses. Mayor Hinkle further indicated that the Planning Commission has voted unanimously to deny the request by Mr. Neil Larson to replace the existing pumps and storage tanks. Mayor Hinkle indicated that he felt the City Council should review the land use and zoning map to resolve the problems that the Council has been faced with regarding nonconforming uses. The City Administrator indicated that Mr. Larson's appeal is regarding the interpretation by the City staff of the City's zoning ordinance, and further indicated that it is the City staff's and the City Attorney's opinion that Mr. Larson's request to remove the existing gas pumps and gas storage tanks and re- place them is not permissible under Section 900.34 of the City's zoning ordinance Page Four December 7, 1981 which deals with nonconforming uses. The City Administrator indicated that in the zoning ordinance, a nonconforming use shall not be extended or enlarged and that it is the interpretation of the zoning ordinance that the replacement of the old tanks with new tanks would extend the use. Mr. Jim LaRock indicated that he felt that with. the City's zoning ordinance as it is, businesses could be forced out of business and also indicated the con- cern of a health problem should the tanks be old and leaking and not be able to be replaced under the nonconforming use. Mr. Neil Larson indicated that the Planning Commission had indicated to him that they did not feel the changing of the pumps and tanks were extending the life of the nonconforming use, as a masonry building has a life of approxi- mately 50 years and the pumps and tanks would have a lesser life expectancy. Mr. Neil Larson indicated that the pumps and tanks were personal property and therefore, were not included in the language of the ordinance, and further indicated that the pumps and tanks are owned by the jobber and not the owners of the building. Mr. Larson indicated that the replacement of the pumps and tanks is purely economical. General discussion was carried on between the City Administrator, the City Council, Mr. Neil Larson and Mr. Rick Breezee, the Building Official, regard- ing the issuance of a building permit in 1981 for the Mobil Gas Station. The building permit was issued for the rehabilitation of the building which also included a 6 foot by 14 foot addition. Mr. Larson indicated that he had applied for a zone change at that time and was told that a zone change was not necessary as the rehab of the building for a gas station and car wash was a related use to the nonconforming use. The City Adniinistrator indicated that the addition to the building should not have been allowed and further indicated that the issuance of the 1981 building permit is irrelevant to the issue of the appeal. Councilman Duitsman indicated that he could not find a problem with Mr. Larson's request to replace the existing tanks and further indicated that the City Attorney did not address the issue of whether the tanks are considered personal property or not. Councilman Duitsman further indicated that he did feel there was a problem with nonconforming uses north of the railroad tracks and indica- ted that this issue should be discussed with the Planning Commission. Councilman Engstrom and Councilman Schuldt also indicated their recognition of the problem and further indicated that the problem must be addressed with the Planning Commission. General discussion was carried on regarding the replacement of the tanks, extending or enlarging the use of the nonconforming use, whether the tanks are considered a structure and also whether there would be a difference in the consideration of the extension of the use if new tanks or used tanks were put in to replace the old tanks. Page Five December 7, 1981 COUNCILMAN ENGSTROM MOVED TO DENY THE APPEAL BY NEIL LARSON REGARDING THE IN- TERPREtATION OF THE CITY'S ZONING ORDINANCE. COUNCILMAN S~HULDT SECONDED THE MOTION. THE MOTION PASSED 2-0. COUNCILMAN DUITSMAN ABSTAINED. It was the general consensus of the City Council to have a joint meeting with the Planning Commission on December 14th to review the zoning of the area north of the railroad tracks; specifically the Neil Larson property, the Eagles property and the Standard Lumber property. 12. Zoning Ordinance Amendment Regarding Home Occupations - Public Hearing The City Administrator indicated that the revised language for the City's home occupation standards will allow the City Council and the Planning Com- mission to review the home occupations on a case-by-case basis and as such, allow greater flexibility in the ordinance. The City Administrator indicated that the 25 percent use provision was taken out to allow for the review on a case-by-case situation. The City Administrator also indicated that the specific hours are not specified and can be reviewed on a case-by-case situa- tion under the conditional use permit and that the number of employees and customers can all be a part of the conditional use permit. Mayor Hinkle opened the public hearing to the public. No one questioned the home occupation ordinance change. COUNCILMAN DUITSMAN MOVED TO ADOPT ORDINANCE 81-6, AN ORDINANCE AMENDING ORDINANCE 900 ,BY RE-DEFINING AND CHANGING THE STANDARDS FOR A HOME OCCUPA- TION. COUNCILMAN ENGSTROM S.ECONDED THE MOTION. THE MOTION PASSED 4-0. 13. Zoning Ordinance Amendment Regarding Group Homes - Public Hearing The City Administrator indicated that the current ordinance is silent regarding group homes and the proposed ordinance amendment would allow group homes as a conditional use in specific zones. The City Administrator further indicated that the ordinance and language change was unanimously recommended for .approval by the Planning Commission. COUNCILMAN SCHULDT MOVED TO ADOPT ORDINANCE 81-7, AN ORDINANCE AMENDING ORDINANCE 900, BY DEFINING. AND ALLOWING FOR GROUP HOMES AS A CONDITIONAL USE IN AGRICULTURAL AND RESIDENTIAL DISTRICTS. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Zoning Ordinance Amendment Regarding Signs - Public Hearing The City Administrator indicated that the School District has requested a zoning ordinance amendment regarding signs, to allow for the erection of a 72 square foot sign to be located at the corner of Jackson and School Street to be used as an informational sign regarding the Senior High School activities. The City Admin- istrator indicated that the present zoning ordinance allows for a 24 square foot sign and further indicated that the Planning Commission has recommended that the Page Six December 7, 1981 , City Council increase the square footage allowed for signs in a residential zone from 24 square feet to 75 square feet as the 75 square feet is consistent with another section of the sign code. The City Administrator indicated that the City Planner did not agree with the Planning Commission's recommendation and suggested a 36 square foot sign for a residential area and further indicated that the City staff agrees with the Planning Commission's recommendation to change the zoning ordinance pertaining to sign regulations from 24 square feet to 75 square feet. Mr. Rick Breezee indicated that the sign ordinance has specific requirements; for example, signs in residential areas cannot have a glare, cannot be flashing, and cannot be a visual problem for traffic. Councilman Duitsman questioned the language of "club" in the sign ordinance and . asked the definition of a club. General discussion was carried on between the City Council, the Building Official and the City Administrator regarding the definition of a club. COUNCILMAN DUITSMAN MOVED TO APPROVE THE ZONE ORDINANCE AMENDMENT REGARDING SIGNS, WITH THE ELIMINATION OF THE WORD "CLUB" IN THE REVISED ORDINANCE. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. It was the general consensus of the City Council that a definition for "club" be included in the zoning ordinance amendment regarding signs. 15. Little Sands Group Home Conditional Use Permit - Public Hearing The City Administrator indicated that the Little Sands Group Home operated by Mr. Jerome Jahn has requested a conditional use permit to locate a group home at 20575 Quincy and further indicated that the Planning Commission has reviewed Mr. Jahn's request for a conditional use permit and has unanimously recommended appro- val of the conditional use permit for a period of one (1) year. The City Admin- istrator indicated that the City staff recommends approval of the conditional use permit for a period of 5 years and further- indicated that if Mr. Jerome Jahn does not comply with the conditional use, the conditional use can be revoked. Councilman Engstrom questioned Mr. Jahn regarding licensing by the State. Mr. Jahn indicated that he has to be licensed by the Department of Welfare and the State Health and Food Department and further indicated that he has to have approval of the State Fire Marshall and the County. COUNCILMAN SCHULDT MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY MR. JEROME G. JAHN, TO LOCATE A GROUP HOME AT 20575 QUINCY FOR A PERIOD OF FIVE (5) YEARS. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 16. Insurance Policy Councilman Duitsman indicated that at a Utilities Commission meeting, the in-- surance coverage for public officials was discussed and the question was risen as to who would pay the deductible,if a million dollars coverage was enough and who would pay the difference if a claim was over a million dollars. The City Administrator indicated that the question of insurance for public officials will be discussed with the City Attorney. Page Seven December. 7, 1981 17.. Administrator's Update A. Letter to Elk River American Legion Club No discussion. B. Sanitary Sewer Interceptor The City Administrator indicated that the pipes are in the ground and in the process of being cleaned and approved, and further indicated that at the present time, five applications for sewer hookup have been received for the Schoolview Addition. The City Administrator indicated that the cleanup work would be done in the Spring. C. Riverside Bar and Lounge The City Administrator indicated that the Riverside Bar and Lounge was closed on Wednesday, December 2, and further indicated that Anoka Liquor Store Man- ager has looked at the liquor signs for possible purchase and that the City staff will make preparations for an auction of the other bar items. D. Code Review Meeting The City Administrator indicated that the City Code draft would be available for CounciL review approximately December 17 or 18. It was the consensus of the City Council to individually review the City code draft and schedule a meeting for January 7th at the City Hall at 7:30 p.m. for Council review. E. Joint Meeting With the Planning Commission A joint meeting with the Planning Commission is scheduled for December 14, 1981, at 7:00 p.m. at the City Hall to review the rezoning of a commercial area along Highway #169, the Eagles Club building, metal skinned buildings and the Planning Commission's role in the planning process. F. Liquor Inventory The City Administrator indicated that the approximate liquor inventory on November 22th was $237,000 and on November 30th was $223,979. G. Legislative Impact on 1982 Budget The City Administrator indicated that he, Councilman Duitsman and Mayor Hinkle met with Robert McEachern, State Representative, regarding the State Aid cuts and levy limits. Mr. McEachern indicated that it was the legisla- ture's intent to minimize cuts as much as possible and that there was a bill before committee allowing the State aid payments for November and December to be consid~red a receivable. H. Finance Committee Meeting A finance committee meeting to establish salaries is set for December 17, 1981 at 7:30 p.m. at the City Hall. Page Eight December 7, 1981 18. Check Register COUNCILMAN SCHULDT MOVED TO APPROVE THE DECEMBER 7th, 1981 CHECK REGISTER. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 19. Tentative Agenda No items are tentatively scheduled for the next City Council meeting. There being no further business, COUNCILMAN ENGSTROM MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. Respectfully Submitted, ~ffi fj~ Phyllis Boedigheimer Deputy City Clerk/Treasurer PB:dkk