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10-25-1982 CC MIN REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY OCTOBER 25, 1982 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 COUNCILMAN ENGSTROM MOVED TO APPROVE THE OCTOBER 25, 1982 CITY COUNCIL AGENDA. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Ordinance 82-8 Regarding Agricultural Conservation District Conditional Use Amendment - Public Hearing The City Administrator informed the City Council that Ordinance 82-8, amending Section 900.16 of the City's Zoning Ordinance, was a companion ordinance to one previously adopted by the City Council regarding setbacks for accessory uses. The City Administrator explained that the Ordinance made provisions for the issuance of a conditional use permit for agricultural accessory uses, structures, or buildings in platted areas in the A-I, R-l and R-2 zones. Mayor Hinkle declared the public hearing open. There being no persons present to speak for or against the hearing, Mayor Hinkle closed the public hearing. '6 COUNCILMAN TOTH MOVED APPROVAL OF ORDINANCE 82-~, AN ORDINANCE AMENDING SECTION 900.16 OF THE CITY CODE TITLED "CONDITIONAL USES". COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Ordinance 82-9, An Ordinance Amending Section 900.16 of the City Code Titled "Conditional Uses" and Section 900.20 Titled "General Regulations", Sub. 4, Titled "Accessory Buildings" - Public Hearing The City Administrator reviewed Ordinance 82-9 for the members of the City Council and the audience present and indicated that the ordinance generally provided for the issuance of a conditional use permit to allow a mobile home as a temporary residence in certain zoning districts and under certain requirements as specified in the ordinance. The Administrator indicated that the intent of the ordinance was to support the farm family, and the use of mobile homes as temporary residences is to be restricted only to farm families on active agricultural operations. The City Administrator informed the Councilmembers that the Planning Commission had approved Ordinance 82-9 with two amendments which were included in the copy presented for the City Council's review. Mayor Hinkle declared the public hearing open. Mr. Erwin Specht asked the City Council whether or not individuals maintaining part-time or hobby farms would be eligible for a conditional use permit for a mobile home. The City Administrator City Council Minutes October 25 , 1982 Page Two informed Mr. Specht that a hobby farm or part-time farm would not meet the test of the requirements in the ordinance, inasmuch as the principal income of the owner would be derived from work away from the farm. There being no other persons present to address the question, Mayor Hinkle declared the public hearing closed. Councilman Duitsman asked the City Administrator what the Planning Commission had recommended as a definition for immediate family in Section 2, Sub. H(i). The City Administrator indicated that immediate family was to be defined as the farm operator's children, father, mother, brother, sister, or ward. Councilman Toth asked if grandparents should be included in the definition of immediate family. The City Administrator indicated that grandparents were not included within the definition of immediate family. It was the consensus of the City Council that grandparents should not be added to the definition of immediate familiy. Councilman Toth also asked whether or not step children would be included in the definition of immediate family and it was the Council's consensus that while not within the definition as proposed, step children should be added to the definition of immediate family. COUNCILMAN DUITSMAN MOVED APPROVAL OF ORDINANCE 82-9, AMENDING SECTION 900.16 OF THE CITY CODE TITLED "CONDITIONAL USES" AND SECTION 900.20 TITLED "GENERAL REGULATIONS", SUB. 4 TITLED "ACCESSORY BUILDINGS" WITH THE UNDERSTANDING THAT STEP CHILDREN WOULD BE ADDED TO THE DEFINITION OF IMMEDIATE FAMILY. COUNCILMAN ENGSTROM SECONDED THE MOTION. During discussion on the previous motion, Councilman Schuldt expressed his con- cern about the absence of a definite time period for the use of temporary mobile homes as outlined in the ordinance. Planning Commissioner Estelle Gunkel informed Councilman Schuldt that the elimination of the language specifying a definite time period wasintentibnfrlydone by the Planning Commission to make the Ordinance slightly more flexible in practice. Councilman Schuldt also expressed his con- cern about the use of the term "farm operator" within Ordinance 82-9, instead of the term "farm owner". Councilman Schuldt indicated that to have a farm operator rather than a farm owner eligible for a temporary residence would not be con- sistent with supporting a family farm concept, inasmuch as leased operations would be eligible for a temporary residence provision. Mayor Hinkle pointed out that in many portions of the country, leased farms are a way of life and many family farm utilize exclusively leased property. Mayor Hinkle indicated his support for the term farm operator instead of farm owner so that leased operations would not be excluded from the provisions of Ordinance 82-9. It was the general consensus of the Council to support Mayor Hinkle's comments and also an expression that corporate farming operations should not be supported by the provisions of this ordinance, inasmuch as the ordinance was intended to support family farm operations. Mayor Hinkle called for a vote on the motion. THE MOTION PASSED 4-1. COUNCILMAN SCHULDT OPPOSED. City CouIJ.Cil Minutes October 25, 1982 Page Tqree \ 5. Informational Discussion with Citizens Regarding Section 404 of the City Code - Dangerous Weapons - As it Relates to Hunting on the Mississippi River Mr. Everett Specht and Mr. and Mrs. Lyle Porter from Wright County were present to discus~ hunting on the Mississippi River in the City of Elk River. Mr. Specht in~i~ated that he has been raising ducks and geese along his property on the Mississippi River and that they have become pets of his family. Mr. Specht indicated that hunters have been shooting the ducks and geese along the river and his ducks and geese have been disappearing. Mr. Specht asked if the City of Elk River could enforce no hunting along the Mississippi River. Mr. and Mrs. Porter also indicated that they have had problems with hunters along the river on their side of the river as well. Both Mr. Specht and Mr. and Mrs. Porter asked the City of Elk River to work with Otsego Township in prohibiting hunting along the Mississippi River. Mayor Hinkle asked if the DNR would have to be involved with regulation of hunt- ing on the Mississippi River. The City Administrator indicated that the City of Elk River can impose regulations on the land. General discussion was carried on regarding regulation of hunting on the Mississippi River. Councilman Duitsman sugges.ted that the City of Elk River meet with Otsego Town- ship to discuss what can be done regarding hunting along the Mississippi River. Councilman Schuldt indicated that he felt it would be difficult to enforce hunting regulations along the Mississippi River. It was the general consensus of the City Council to recommend that the City Ad- ministrator discuss with Otsego Township and the Department of Natural Resources the hunting along the Mississippi River in the residential area of the City of Elk River and what kind of regulations can be posed along the river. 6. Ron Walz Variance Request - Public Hearing Mr. Rick Breezee, Building and Zoning Administrator, indicated that Mr. Ron of 9825 221st Avenue N.W. has requested a variance to construct a pole barn the storage of crops approximately 375 feet from the neighbors to the west. Breezee indicated that Mr. Walz's property consists of ten acres of land and as such, City staff believes that a variance cannot be met because of the number of other possible locations Mr. Walz has to construct his building. Mr. Breezee further indicated that the Planning Commission recommended denial of the variance request by Mr. Walz because the five standards could not be met. Mr. Breezee further indicated that the Planning Commission has directed the City staff to in- vestigate the six hundred feet as the number of feet required from agricultural structures. Walz for Mr. Mayor Hinkle opened the public hearing. Mr. Richard Gruys indicated that he felt Mr. Walz should be granted the variance request. Mr. Allen Howey indicated that he felt people bought larger parcels of property to have accessory buildings for some type of agricultural use, City Council Minutes October 25, 1982 Page Four and further indicated that he felt the 600 foot requirement was too much. Mr. Rick Breezee indicated that the 600 foot requirement was decided because of the possibility of animals in an accessory building and the appearance of metal-skinned buildings. Councilman Toth indicated that the aesthetics of a building were important and that guidelines should be established but they must be used with good judgement. Councilman Duitsman indicated that he felt it was possible to make a change in the accessory building requirements for agricultural land rather than R-1 zoned property. General discussion was carried on regarding Mr. Walz's property and the place- mentof the proposed pole barn on his property. Mayor Hinkle indicated that he felt the City Council could not grant the variance request at this time, but the City Council could review the 600 foot requirement. Councilman Duitsman indicated that he felt he did not want the 600 foot requirement to be altered in residential zoned areas. Further discussion was carried on regarding the use of accessory buildings and the distance from other residences. Mr. Ron Walz asked if the variance request could be granted should he have approval from all neighbors concerned. Mayor Hinkle explained that the City Council would be setting a precedence in their decision to grant a variance for Mr. Walz. Mayor Hinkle closed the public hearing. COUNCILMAN DUITSMAN MOVED TO DENY THE VARIANCE REQUEST BY.MR. RON WALZ TO CON- STRUCT A POLE BARN APPROXIMATELY 375 FEET FROM THE NEIGHBORS TO THE WEST. COUN- CILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMAN TOTH OPPOSED. COUNCILMAN DUITSMAN MOVED TO RECOMMEND THAT THE PLANNING COMMISSION REVIEW THE 600 FOOT SETBACK REQUIREMENT FOR METAL-SKINNED BUILDINGS IN AGRICULTURAL ZONED AREAS AND TO CONSIDER 300 FEET FOR SETBACKS IN THE AGRICULTURAL ZONED AREAS AND TO CONSIDER THE 600 FOOT REQUIREMENT IN RESIDENTIAL AREAS AND NEXT TO PLATTED AREAS. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. There being no further business, COUNCILMAN SCHULDT MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully submitted, e1r/f::dif!::!:1~ Deputy City Clerk/Treasurer PB:dk