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09-07-1982 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY SEPTEMBER 7, 1982 Members Present: Mayor Hinkle, Councilmembers Schuldt, Engstrom and Duitsman. Members Absent: Councilman Toth 1. Call Meeting to Order The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda Item 7~ - Resolution 82-19, a Resolution Appointing Election Judges, and Purchase of Election Voting Booths, Item 9~ - Nonconforming Use/Variance Time Limit, and 10-F, the Main Street Program, were added to the September 7, 1982 City Council Agenda. COUNCILMAN ENGSTROM MOVED TO APPROVE THE SEPTEMBER 7, 1982 CITY COUNCIL AGENDA AS AMENDED. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 3. Minutes COUNCILMAN DUITSMAN MOVED TO APPROVE THE MINUTES OF THE AUGUST 23, 1982 CITY COUNCIL MEETING. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 4. Open Mike No one appeared for this item. 5. 1982 Sealcoat Bid Award The City Administrator indicated that Batzer Construction was the low bidder for the 1982 sealcoat project in the amount of $33,264.00. The City Administrator further indicated that the price bid by Batzer Construction anticipates sealcoating Segments 1 through 5 as proposed. The City Administr~tor indicated that the 1982 budget for seakoat purposes is $32,000 and, inasmuch as the Batzer Construction bid is higher than what is anticipated in the budget, the Consulting Engineer, Terry Mauer, has indicated that the actual sealcoating cost should be slightly less than the $33,000, as the bid was received on a unit basis and the average width used for bidding purposes of the streets is slightly higher than may actually be in existence. The City Administrator further indicated that an average width of 33 feet was used to base the bid upon and some of the streets proposed for sealcoat- ing are less than 33 feet. Councilman Schuldt questioned the amount of streets proposed to be sealcoated in the $33,264 bid. The City Administrator indicated that more than five miles but less than six miles is proposed. Councilman Duitsman questioned who would make certain that the cost for sealcoating did not exceed the $33,264.00 bid. The City Administrator indicated that the Street City Council Minutes September 7, 1982 Page Two Superintendent would be inspecting the project and also an inspector for Con- sulting Engineers would be inspecting the work. The City Administrator further indicated that there would be weight tickets for the asphalt and gravel, which would allow for the calculation of the exact amount used for the sealcoating. Mayor Hinkle indicated that he felt the sealcoat project should not exceed the budgeted $32,000. COUNILMAN DUITSMAN MOVED TO AWARD THE 1982 SEALCOAT BID TO BATZER CONSTRUCTION COMPANY IN AN AMOUNT NOT TO EXCEED $33,264.00. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. The City Administrator recommended that the City Council indicate which streets they would like to have dropped from the sealcoatprogram, should the cost exceed the $33,264.00 before all proposed' streets were sealcoated. Councilman Engstrom indicated that he felt the Street Superintendent should know which streets pro- posed needed the sealcoat the least. Councilman Schuldt indicated that he felt the proposed streets that are in the best condition. should be delayed if necessary. Ms. Estelle Gunkel asked if the streets proposed to be seaJ.coated would be torn up for the placement of the storm sewer. The City Administrator indicated that those streets could. possibly be torn up for the storm sewer have not been considered for sealcoating in 1982. 6. Resignation of City Street Superintendent Mayor Hinkle indicated that the Street Superintendent, Mr. Ken Nelson, has sub- mitted a letter of resignation, effective October 1, 1982. Mayor Hinkle recom- mended that the City Council accept Mr. Nelson's resignation and commend him for his ten years of service to the City of Elk River. COUNCILMAN ENGSTROM MOVED TO ACCEPT THE RESIGNATION OF THE STREET SUPERINTENDENT, MR. KEN NELSON" EFFECTIVE OCTOBER 1, 1982, AND TO GIVE RECOGNITION TO MR. NELSON FOR HIS SERVICES TO THE CITY OF ELK RIVER AT A LATER DATE. 7. Resolution Authorizing Stop Sign at Intersection of 5th Street and Proctor Avenue Mayor Hinkle indicated that Police Chief, Tom Zerwas, has recommended that a stop sign be erected to stop traffic traveling east and west on 5th Street and to allow traffic on Proctor Avenue to be a through-traffic movement, as a number of near- misses and accidents have occurred at that intersection. COUNCILMAN DUITSMAN MOVED TO ADOPT RESOLUTION 82-18, A RESOLUTION ESTABLISHING STOP SIGNS AT THE INTERSECTION OF 5TH STREET AND PROCTOR AVENUE. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. Councilman Schuldt indicated that he was in favor of the stop signs at 5th Street and Proctor Avenue, as Proctor Avenue is the next north-south street after Jackson and that much traffic does use Proctor Avenue. City Council Minutes September 7, 1982 Page Three 7%.. Resolution 82-19, a Resolution Appointing Election Judges; and the Purchase of Voting Booths The City Administrator indicated that Resolution 82-19 is a resolution appointing the election judges for the primary election to be held September 14, 1982, and establishing the rate of pay for hours spent in training and hours worked during the election. Councilman Schuldt questioned where the names of persons to serve as election judges were obtained. The Deputy City Clerk indicated that the names of persons contacted to serve as election judges are obtained from previous elec- tion judge lists and recommendations from previous election judges. COUNCILMAN SCHULDT MOVED TO ADOPT RESOLUTION 82-19, A RESOLUTION APPOINTING ELEC- TION JUDGES FOR THE PRIMARY ELECTION TO BE HELD IN THE CITY OF ELK RIVER SEPTEM- BER, 14, 1982. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. The City Administrator indicated that twenty voting booths were budgeted in the 1982 budget, but after the first adjustment in March to the 1982 budget, the cost of ten voting booths was taken out and at the second adjustment later in the year 1982, the remaining ten booths were taken out of the budget. The City Admin- istrator further indicated that the City has purchased twenty voting machines and is therefore, in need of twenty voting booths. The City Administrator further in- dicated that the City currently has six wooden booths and five metal collapsible booths and is in need of more voting booths for the voting machines. General discussion was carried on regarding the types of booths necessary for the voting machines, the number of voting booths the School has and the cost for the purchase of ten voting booths. COUNCILMAN DUITSMAN MOVED TO APPROVE THE PURCHASE OF TEN VOTING BOOTHS AT A COST OF $130.00 EACH. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 8. Ordinance 82-9, Amending Section 900.16 of.the City Code Regarding Mobile Homes in Agricultural and Residential Zones- Public Hearing Mayor Hinkle asked that the City Administrator review the proposed amendment to the zoning ordinance regarding mobile homes as a conditional use in agricultural and residential zones. Mayor Hinkle reminded the City Council that an ordinance amendment requires a four-fifths vote and suggested to the City Council that should there be a problem with the proposed amendment, it could be delayed for action until a full council was present. The City Administrator indicated that the City Council had been approached by an individual who wanted to place a mobile home on a parcel of property used pre- dominately for agricultural purposes. The City Administrator further indicated that with the City's current zoning ordinance, mobile homes are allowable in mobile home parks only. The City Administrator indicated that it was the Council's con- cern to amend the ordinance to deal with mobile homes in agricultural zones and residential zones in agricultural areas of the City, and further indicated that it was the concern of the Council to aid young families in staying on the family farm by creating a conditional use for mobile homes in agricultural zones and R-1a zones. City Council Minutes September 7, 1982 Page Four The City Administrator further indicated that the proposed ordinance amendment would allow for mobile homes in agricultural zones and R-1a zones for a period of two years, and further indicated that the parcel of land must be a minimum of forty acres with the principal and predominate use as agricultural. The City Adminisrator further indicated that the intent of the zoning ordinance is for legimate full scale farming operations and not for mobile homes to be placed on vacant land within the City of Elk River. Mayor Hinkle then opened the public hearing to the public. Mr. Walt Nelson, a resident of the mobile home park, questioned why he could not move his mobile home out to the country, rather than pay the high rent of the mobile home park. Mayor Hinkle indicated that it was his feeling that the purpose of the ordinance amendment was to encourage agricultural use in the City. Mayor Hinkle further indicated that prior to the consolidation of the City, the County did allow for mobile homes in agricultural areas. The City Administrator indicated that the zoning ordinance amendment would deal with a limited amount of mobile homes and is not intended to apply to the whole City or to all mobile homes. The City Administra- tor further indicated that the zoning ordinance amendment's intent is for a specific use. The City Administrator indicated that the City of Elk River's ordinance allows for mobile homes in mobile home parks and further indicated that many cities do not even allow mobile homes at all. Mr. George Dechene indicated that it was his feeling that the City ought to do some- thing to help provide affordable housing for young families. Mr. Dechene indicated that the mobile home park within the City of Elk River has nothing to offer the residents of the park, and further indicated that they did not provide a park for the children, a shelter or laundry facilities. Mr. Dechene again expressed his feeling that he felt the City Council should do something to help provide affordable housing for the young; not necessarily subsidized housing. Mrs.. Eugene Dierks indicated that she would like to be able to place her mobile home on a piece of property where she would not have to be told what to do and how to live. Mrs. Dierks further indicated that in the mobile home park within the City of Elk River, residents are not allowed to put a swing on their mobile home site, the park limits the amount of ~eople they may have come and visit them, the park request information regarding overnight guest, and the park does not pro- vide ,a .'playgrdund"area. Councilman Engstrom indicated that the problem was a matter of competition. The mobile home park within the City of Elk River is the only mobile home park in the City. Mr. Gary Santwire indicated that the City does have an ordinance that would allow for another mobile home park within the City of Elk River and that the City, through its ordinance regulations, can regulate the mobile home park. Mr. Santwire further indicated that he felt the time would come when mobile home owners would be able to buy the land that they place their mobile home on within a trailer park; something similar to the townhouse concept. City Council Minutes September 7, 1982 Page Five The City Administrator indicated that through the zoning ordinance, the City could regulate the development of a mobile home park to allow for playground areas, shelters and parking facilities. Mayor Hinkle indicated that the public's information was well-taken and further indicated that he did not know if the City>could enforce any of the City 's current zoning regulations upon the trailer park now in existence. The City Administrator indicated that the mobile home park was there prior to the adoption of the City's zoning ordinance, but that the City could investigate the possibility of imposing certain requirements upon the mobile home park. Councilman Duitsman indicated that he felt a private developer must come in and develop a mobile home park to solve the problem and further indicated that he felt the marketplace will dictate the need or possibility of another mobile home park within the City of Elk River. Mayor Hinkle asked if the public felt the proposed ordinance amendment would give preferential treatment to agriculture. General discussion was carried on regarding whether a mobile home could be placed in an agricultural area for a hired worker on a farm,.the setback requirements of a mobile home, the question of a mobile vhome being the sole house on the property, or a second- residence on the property, and the time period of two years for the conditional use permit. The City Admin- istrator indicated that it could be the sole residence on the property or a second residence, and it could also be placed with the intent of a permanent home being built on the property as the farm develops. Further discussion was carried on re- garding the tax base established and how mobile homes were taxed. Mr. Cliff Lundberg indicated that if the property is owned, the land is taxed as real estate and the value of the building is included in the real estate tax. If the mobile home is on someone else's property, the mobile home is taxed as personal property. Councilman Schuldt indicated that at the previous Council meeting that this zoning ordinance amendment was discussed, he was the only dissenting vote and further in- dicated that he understood the intent of the ordinance is to preserve the family farm but that he had numerous questions regarding the proposed amendment. Councilman Schuldt indicated that the zoning ordinance requires forty acres where the.principal use of the property is agriculture, but it does not state how much must be used as farming, it may only be ten acres. Councilman Schuldt questioned what agricultural does include: crops only, dairy farms, horses, sheep; and further indicated that he felt it would be a hard time separating hobby farms from agricul- tural business, as hobby farms do have animals and can raiser-crops. Councilman Schuldt asked how many times the two-year conditional use permit could be renewed and could a mobile home be on a property and yet be uninhabited. Councilman Schuldt asked how the user would be monitored: is the intent there, would the mobile home be used for an employee which may not necessarily be perserving the family farm. Councilman Schuldt pointed out the fact that a qualified farm could be in an R-l zone and that the intent of the zoning ordinance is to preserve the family farm now in existence. Councilman Schuldt indicated that he did recognize the intent of the City Council Minutes September 7, 1982 Page Six zoning ordinance amendment, but had many questions regarding the amendment as proposed and further indicated that he could not approve the amendment as proposed. The City Administrator iridicatedthat the zoning ordinance amendment would require a conditional use for mobile homes and therefore, the City Council and Planning Commission would be able to review on a case by case basis. The City Administra- tor further indicated that the ordinance amendment could be as broad or as narrow as the City Council may choose. Councilman Engstrom indicated that he felt if the City could do something to help preserve the farming industry, he felt they should as the family farm seems to be a dying profession. Mayor Hinkle indicated that Councilman Schuldt had raised many questions that the City Council must address before adopting an ordinance amendment. Councilman Duitsman recommended that the ordinance amendment be referred back to the Planning Commission. The City Administrator indicated that the zoning ordinance amendment could be redrafted like the home occupation ordinance with specific con- ditionsor standards attached to the amendment of the ordinance. Councilman Schuldt indicated that he felt if the amendment was drafted with more restrictions, it would prevent abuse of the intent of the zoning ordinance amend- ment. Mayor Hinkle suggested the City Council refer the zoning ordinance amendment to the Planning Commission for reconsideration and redrafting. COUNCILMAN SCHULDT MOVED TO TABLE THE DECISION OF THE ORDINANCE AMENDMENT, 82-9, REGARDING MOBILE HOMES IN AGRICULTURAL AND RESIDENT~AL ZONES AND TO REFER IT BACK TO THE PLANNING COMMISSION. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 9. Ordinance 82-10, Amending Section 900.08 and 900.20 of the City's Zoning Ordinance Regarding Mobile Homes.cl1ld DWelling Regulations - Public Hearing The City Administrator indicated that in the City's current zoning ordinance, mobile homes are now permitted in mobile home parks in R-3 residential districts only. The City Administrator further indicated that in the 1982 session of the state legis- lature, the legislature adopted a law that deals with manufactured and mobile homes, which virtually affects all municipalities. The City Administrator indicated that the law prohibits municipalities in their zoning ordinance from unfairly discrimi- nating against mobile homes. The City Administrator indicated that the law does not allow the cities to single out one type of dwelling with specific restrictions. The City Administrator further indicated that the legislation adopted does allow municipalities to create certain regulations with regard to height, width, founda- tion and other technical items of construction for all types of dwellings. The City Administrator further indicated that the League of Minnesota Cities is ad- vising most municipalities to make corrections in their zoning ordinances that would enable cities to keep the current intent of their zoning ordinance intact, while still being consistent with the legislation adopted by the state. The City Admin- istrator indicated that the City staff and the City's attorney have developed an City Council Minutes September 7, 1982 Page Seven ordinance amendment to the City's zoning ordinance which deals with two specific issues that can apply to all dwellings within the City, with the intent to preserve what the City now has as their zoning ordinance. The City Administrator indicated that the proposed zoning ordinance amendment requires that all dwellings in the City be located on a permanent foundation, which is consistent with that required in the Uniform Building Code, that the foundation must be solid for the whole cir- cumference of the dwelling, and that all dwellings in the City average at least 16 feet in width over a minimum of fifty percent (50%) of the entire dwelling. Mr. Gary Santwire asked if a mobile home complied with the requirements in the proposed zoning ordinance amendment, would a garage be required. The City Administrator indicated that the City's zoning ordinance requires that all single family homes have a garage. Councilman Engstrom indicated his concern of the requirement to anchor down a mobile home onto the permanent foundation. The City Administrator indicated that if a mobile home is in a mobile home park, the ordinance requires that the mobile home be tied down, but if the construction is an R-1 zone, it must be done accord- ing to the State Building Code. General discussion was carried on regarding the impact of weather conditions on a mobile home. Mr. Cliff Lundberg suggested that in Section 12a. of the zoning ordinance amendment, the language could be changed to read "shall be permanently affixed to,the foundation." The City Administrator indicated that this language change could be done in the proposed zoning ordinance amendment. General discussion was carried on regarding the current mobile home park within the City and what type of restrictions could be placed upon that park, as it was in existence prior to the adoption of the City's zoning ordinance. The City Ad- ministrator indicated that the City's zoning ordinance requires 8 acres for a mobile home park and should the current mobile home park expand, they may have to comply with the City's zoning ordinance. General discussion was carried on between the City Council and the public with re- gard to the average width of a dwelling as proposed in the zoning ordinance amend- ment. Mr. Gary Santwire indicated that he did have a problem with the language "an average width. of sixteen feet minimum". Councilman Engstrom indicated that he felt most homes were between twenty-two and twenty-four feet in width. The City Administrator indicated that the City Council could change the width to twenty or twenty-four feet if they would so choose. Mr. Cliff Lundberg questioned the language "average width of sixteen feet". The City Administrator indicated that due to various designs of homes by architects, it was decided that the word "average" should be included in the language. Mayor Hinkle closed the public hearing. Councilman Duitsman indicated that he was in favor of the zoning ordinance amend- ment with three changes which are as follows: The language shall read "shall be permanently affixed to a foundation", remove the word "average", and change the City Council Minutes September 7, 1982 Page Eight width to twenty four feet. Further discussion was carried on regarding:the:width of a dwelling to be twenty-four feet versus twenty-two feet. Further discussion was carried on regarding the possibility of imposing a minimum square footage requirement, rather than a width requirement. COUNCILMAN DUITSMAN MOVED TO APPROVE ZONING ORDINANCE AMENDMENT 82-10, AMENDING SECTION 900.08 AND 900.20 OF THE CITY'S ZONING ORDINANCE REGARDING MOBILE HOME REGULATIONS, WITH THE FOLLOWING CHANGES: MOBILE HOMES SHALL BE PERMANENTLY AFFIXED TO FOUNDATIONS, THE STRIKING OF THE WORD "AVERAGE", AND THE WIDTH REQUIREMENT OF TWENTY-TWO FEET RATHER THAN SIXTEEN FEET. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 9k 2. Nonconforming Use and Variance Time Limits Mayor Hinkle indicated that the City Council should address the question of allow- ing the previous requests for nonconforming uses and variances since the zoning ordinance was adopted to reapply. The City Administrator indicated that the City Council should also consider the question of fees and whether those request should have to pay the fee again. Councilman Duitsman asked how many requests had come in since the adoption of the zoning ordinance. The City Administrator indicated that approximately six to eight request have been received. COUNCILMAN DUITSMAN MOVED TOdALLOW THOSE REQUESTS FOR NONCONFORMING USES AND VARI- ANCES THAT WERE DENIED FROM THE TIME OF THE ADOPTION OF THE ZONING ORDINANCE TO BE ABLE TO REAPPLY FOR A VARIANCE ON A NONCONFORMING USE. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 10. Administrator's Update A. Status of Region 7W The City Administrator indicated that the City has received a letter from the Minnesota Department of Energy Planning and Development, informing the City that the Region 7W was no longer in existence. B. Municipal Parking Lot North of the Burlington Northern Railroad Line The City Administrator indicated that the City staff had measured the parking lot to allow for angle parking and further indicated that if angle parking were utilized it would only provide a thirteen foot roadway, which is not enough, as the Street Superintendent, Mr. Ken Nelson, recommends twenty feet for a roadway. Councilman Duitsman asked if City staff could look at the possibility of angle parking on the north side of the street. General discussion was carried on regarding the possibility of angle parking on the north side of the street, as City Council Minutes September 7, 1982 Page Nine there is no curb on that side of the street. The City Administrator indicated that Councilman Toth felt only six spaces on the east side would be necessary for time limit parking. It was the general consensus of the City Council to have the City staff draft a resolution allowing for six spaces on the east side to have limited parking time. C. Joint Meeting of Rec Board and Planning Commission The City Administrator indicated that a joint meeting of the Recreation Board and Planning Commission is scheduled for September 16th. The City Administra- tor further indicated that the joint meeting is scheduled to review a five-year capital improvement plan and a park improvement plan to be submitted with the Lawcon grant application. D. School Street Improvement The City Administrator indicated that due to the rain and the sizable puddle in School Street, the contractors have put a pipe in and left a manhole open for drainage. The City Administrator indicated that the subgrades would be cut on the west side and that Class 5 would be hauled in later in the week. E. 1983 Budget The City Administrator indicated that City staff has been working for the past two weeks on the 1982 year end projections, 1983 budget and also the 1984 budget. The City Administrator indicated that in reviewing the 1983 projections, it was necessary to look ahead to 1984 in order to plan for 1983. The City Administrator indicated that he has reviewed various options the City Council may take regarding the 1983 budget and will be sending out all budget material to the City Council this week. The City Administrator indicated that he felt the City Council has no other choice than to levy the maximum eight percent authorized by the State of Minnesota. It was the consensus of the City Council that the budget meeting dates would be established at the regularly scheduled September 13th meeting date. F. Main Street Program The City Administrator indicated that Councilman Schuldt has requested the authorization to attend the Main Street Minnesota Conference to be held Octo- ber 1st. MAYOR HINKLE MOVED TO APPROVE COUNCILMAN SCHULDT'S ATTENDENCE AT THE MAIN STREET CONFERENCE TO BE HELD OCTOBER 1ST, 1982. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. G. DancelandAmusement Device License The City Administrator indicated that a letter has been sent to Danceland re- garding the number of mechanical amusement devices they have at their location. City Council Minutes September 7, 1982 Page Ten The City Administrator further indicated that he will be able to know Dance- land's response by the scheduled meeting of September 13th. 11. Check Register COUNCILMAN SCHULDT MOVED TO APPROVE THE SEPTEMBER 7TH, 1982 CHECK REGISTER. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 12. Tentative Agenda Kathryn Reick Administrative Subdivision, Pat Donahue Variance Request, and two pay estimates are items tentatively scheduled for the September 20, 1982 City Council meeting. There being no further business, COUNCILMAN DUITSMAN MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. Respectfully submitted, ,flfJ ;;1 It.p;; ;! ~ jJ. - V ftj ~1i(.x:) ra ttet:M-l~~..b/}Q1'/'-j) phyilis Boedigheimer Deputy City Clerk/Treasurer PB:dk