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08-04-1980 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE CITY COUNCIL OF ELK RIVER HELD IN THE ELK RIVER PUBLIC LIBRARY AUGUST 4, 1980 Members Present: Mayor Madsen, Counci1members Toth, Engstrom and Duitsman Councilman Otto arrived at Item Number 5. Members Absent: None 1. Meeting was called to order at 7:30 p.m. by Mayor Madsen. 2.~da Items 8~, roadside, mower purchase, 9C., election poll hours and 10C, senior citizen's sewer rates were added to the Agenda. COUNCILMAN ENGSTROM MOVED APPROVAL OF THE AUGUST 4, 1980 CITY COUNCIL AGENDA. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 3. Minutes COUNCILMAN TOTH MOVED APPROVAL OF THE MINUTES OF THE JULY 21, 1980 CITY COUNCIL MEETING. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 3-0. 4. Open Mike No one appeared for this item. 5. Barbara Bjorklund Conditional Use Permit The City Administrator indicated that the Planning Commission had approved the Conditional Use Permit for Barbara Bjorklund to operate a day care center with 10 or more children at 19462 Ogden Street in the area known as the Peterson Ad- dition. The City Administrator further indicated that Mrs. Bjorklund had sub- mitted a petition from her neighbors to the Planning Commission which indicated that none of her neighbors had an objection to the project. Councilman Toth asked if the railroad crossing was ready and whether it would present a safety problem for the transporting of the children to tl'te day calt: center. The City Administrator informed the Council that the railroad crossing was complete and in operation. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE CONDITIONAL USE PERMIT TO BE GRANTED TO BARBARA BJORKLUND TO OPERATE A PRE-SCHOOL CENTER AT 19462 OGDEN STREET FORA PERIOD OF TWO YEARS. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. 6. Creation of the Housing and Redevelopment Authority Mayor Madsen asked if anyone had any furtner nueRtinns ~egarding the creation of the Housing and Redevelopment Authority for the City of Elk River. Councilman Toth indicated that his request for further information had been satisified and he did not have any problem with the creation of the Housing and Redeve10nment Authority. COUNCILMAN DUITSMAN MOVED TO APPROVE RESOLUTION 80-15, DECLARING A NEED FOR A HOUSING ANn REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF ELK RIVER COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 4~0. 7. Adoption of the Zoning Ordinance, Zoning Maps and Land Use Map Mayor Madsen indicated that each issue involving changes in the Zoning Ordinance Zoning Map and Land Use Map would be considered individually before final adoption. 1. The City Administrator indicated that it was recommended by the City Planner, City Attorney, City Staff and the Planning Commission that the area immedia- tely north of Main Street and west of the Nursing Home be re-zoned toa specific district other than PUD, as a number of the parcels in the area were less than the 20 acres required for a PUD. Staff recommended the area in question be zoned R-4. Mr. Hipp, Mr. Don Driesen, Lola Driesen, Estelle Gunkel and other members of the Eastside Citizen's Group were present to August 4, 1980 Page Two discuss the zone change and again express their opposition to the PUD zone along Highway 169 and the proposed R-4 zoned area. Mr. Antone Hipp expressed the concerns of the Citizen's Group that there is no assurance of one developer and one total plan for the PUD, and also expressed their concern of the citizen's involvement with the total planned unit development's projects. Mayor Madsen indicated that a PUD plan would involve citizens surrounding the development, whereas a commercial zoning would not have to involve the citizens. Council- man Duitsman indicated a PUD zOne allows for more citizen input than any other zoning district. Mr. Antone Hippagain expressed the Eastside Citizen's request tl:1at the area north of Main Street and west of the Nursing Home remain R.,..l zoning. General discussion was carried on regarding tne proposed R-4 zoning of the area immediately north of Main Street. The definitions of R~l. R-2 and R-4 zoning were discussed as was the language of the ordinance prohibiting single family dwellings in multi-family zoning districts. The question was also raised regarding the fifty-percent destruction rule of a non-conforming structure. Mr. Zack Johnson explained that if a single-family structure in an R-4 zone would be more than 50% destroved. the structure could not be rebuilt without a zone change. Mayor Madsen and Councilman Toth expressed their opposition to the fifty-percent rule and suggested that language to allow single-family dwellings to be reconstructed if damaged in R-4 zoning be deve1ed. The City Administrator indicated the fifty-percent rule could be eliminated as it pertains to single family dwellings in the zoning ordinance to satisfy the rebuilding problem. Further discussion was carried on regarding re-consideration of the,R-4 zoned area. Councilman Toth indicated that he was not in favor of the R-4 zoning and that he felt the area in question west of Evans Street and north of Main Street should be an R-2 zone as there are still many problems concerning traffic. the new bridge, and the possibi1itv of a railroad underpass unanswered. Council- man Tothfurther indicated that nothing was final but that some type of a traffic corridor was necessarv to connect the downtown area and the PUD area, and that necessary zone changes should be made when the change is necessary. COUNCILMAN TOTE MOVED TO AMMEND THE LAND USE MAP AND ZONING MAP TO REFLECT AN R~4DISTRICT IN THE AREA NORTH OF MAIN STREET AND EAST OF EVANS STREET BOUNDED BY HIGHWAY 169 AND THE GUARDIAN ANGELS NURSING HOME,ANDANR-2 DISTRICT WEST OF EVANS STREET AND NORTH OF MAIN STREE.T OVER THE REMAINDER OF THE AREA PROPOSED TO BE R-4. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 2. ' Proposed Zone Change Either Side of the NewCo1irtho1ise. Mayor Madsen indicated that these changes would involve both tne LRnd Use Map and the Zoning Map, specifically, the Land Use involves creating a small commercial strip on the south side of Highway 10 and west of Waco Street, and a 20 acre commercial strip on the souths ide of Highway 10 and the east side of Waco Street. Between"the County Courthouse site and the County Fairgrounds. the Land Use Map would propose a forty-acre parcel of property designated as Mixed Uses. Mayor Madsen further indicated that the Zoning Map proposed snecific zoning changes as follows: An eight~acre commercial strip on the south side of Highway 10 and west of Waco Street and a 20-acre commercial strip on the south side of Highway 10 and east of Waco Street. and, in addition two 20-acre PUDs immediately e.ast of the County Courthouse site with the remainder of the large parcel south of Hignwav 10 zoned R-1B. COUNCILMAN DUITSMAN MOVED TO APPROVE THE LAND USE AND ZONING MAP CHANGES AS PROPOSED FOR THE AREA ON EITHER SIDE OF THE COURT- HOUSE ON THE SOUTHSIDE OF HIGHWAY 10. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. ---, August 4, 1980 Page Three 3. North of Highway 10 Area Occupied By Custom Motors" Mr. John Engberg. attorney for Custom Motors. Mr. Cliff Olsen, owner of Custom Motors, and Mr. Jerry Ga11ati, previous owner of Custom Motors, were present to express their opposition to the proposed zone change for the area occupied by Custom Motors from I~2 to an R-1B zone. Mr. John Engberg indicated that the area in question has had an Industrial Use for the past twenty years and with the proposed zoning of R-1B, Custom Motors would be a non-conforming use, which would prohibit expansion. Council- man Otto indicated that there was a need for a used car business and felt the area should remain an I~2 zoning to allow for the used car business. Councilman Duitsman indicated the owners had not fulfilled the requirements of the City Council to provide for a screening of some sort for the busi- ness. Mr. Jerry Ga11atiindicated a cyclone fencing was ordered and would be placed a10n with trees or plants or vines or with slats in the fencing, as a screening. Councilman Toth indicated that he did not have a problem with the present zoning of I-2 and asked Commissioner Fox of the Planning Commission for his comments. Commissioner Fox indicated the Planning Com~ mission was not totally in favor of a Commercial zoning out in the Court- house area and this zoning was a compromise for the commercial zoning on the southside of Highway 10. The City Administrator indicated the I-2 zoning was not consistent with the Land Use Map plan.COUNCILMAl~ OTTO MOVED TO LEAVE THE PRESENT I-2 ZONING AREA ON THE NORTH SIDE O~ HIr.HWAY NUMBER 10. COUNCILMAN DUITSMAN. SECONDED THE MOTION. THE MOTION PASSED"4-0. COUN CILMAN OTTO MOVED TO MODI~Y THE LAND USE MAP TO BE CONSISTENT WITH THE ZONING MAP IN REGARD TO THE I-2 ZONING ON THE NORTH SIDE OF HIGHWAY NO. 10. COUNCILMAN TOTHSECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Carton Properties on County Road 1 across from the Industrial Park" The City Administrator indicated the Planning Commission recommended the 4-acre parcel be re-zoned to an I-l zoning rather than the R-l zoning currently proposed on the Zoning Map. Mr. Bill Brady, owner of pro~erty immediately to the north of the property in question. apneared before the Council to express his opposition to the I-l zoning. Mr. Paul Carton indicated the 4-acre parcel was bordered on one side by County Road 1, on one side by another road, on one side by the railroad tracks, and the other side by a swamp, and further indicated the best use for the land was an industrial. use to provide a buffer between the current Industrial Park and the residential area. Councilman Otto indicated that he had a problem with changing and. spot zoning for individuals. COUNCILMAN TOTH MOVED TO CHANGE THE ZONING FOR THE FOUR-ACRE CARTON PROPERTY FROMR~l ZONING TO AN I-1Z0NING. . THE MOTION DIED FOR LACK OF A SECOND. No further action. to alter the zoning from R_l was taken by the City Council. 5. Correction of Industrial Zoning to be One-half I-2 andOne~ha1f I_l. The City Administrator indicated that there was a drafting error in the Zoning of the large industrial district between the Railroad and the current In- dustrialPark and that the north half was to be zoned I-l and the south half to be zoned I-l. COUNCILMAN DUITSMAN MOVED TO CORRECT THE DRAFTING ERROR ON THE ZONING MAP.. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. 6. Lot Size in the A-l Zone. The City Administrator indicated the Planning Commission recommended the A-l zone remain at 5 acre lot size, rather than the 2~ acre suggested by the City ~ August 4, 1980 Page Four Council, and further indicated that City Staff felt that the 2~ acre minimum would still enable the City to exercise adequate control over growth and development in the outer area of the City. Planning Commission Chair- man Wally Fox, indicated the Planning Commission did not want to promote hopscotch development in the outlying areas, as the City at this time could not provide the services of street maintenance and police protection that more development would require. Councilman Otto indicated that he did agree with the concept of orderly growth from the inside out, but felt the 2~ acre minimum would not prevent this from happening. Councilman Otto further indicated that at the 5 acre minimum, it would put a hardship on farmers desiring to sell a portion of their land for retirement purposes. General discussion was carried on regarding the concept of density zoning with 2~ acre minimum and the possibility of subdivisions in 5 acre parcels versus 2~ acre parcels. COUNCILMAN OTTO MOVED TO AUTHORIZE THE LANGUAGE CHANGE IN THE A-I ZONE FROM 5-ACRE MINIMUM TO 2~ ACRE MINIMUM. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-1. COUNCILMAN ENGSTROM OPPOSED. 7. Reference to the word "Buildable" General discussion was carried on as to the definition of the word "buildable" and whether or not the buyer would be protected from purchasing land that did not have a buildable site. It was the concensus of the City Council that the City's Professional Staff would be able to adequately review up- coming plats under existing ordinances and statutes to ensure that lots are in fact buildable. The Council agreed to delete the work buildable and its definition as proposed in items 19 and #20 of a memo dated June 25, 1980 from attorney Dick Nowlin. 8. Conditional Use in R-lB Districts The City Administrator indicated that the Planning Commission recommended that for traVel trailer parks and campgrounds, that a Conditional Use only be permitted in the A....l zone, rather than in the A;... 1 and R-lB Districts. COUNCILMAN DUITSMAN MOVED TO ELIMINATE THE CONDITIONAL USE PERMITS FOR TRAVEL TRAILER PARKS AND CAMPGROUNDS IN THE R-lBDISTRICT. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. 9. Day Care Centers The City Adminstrator indicated that the Planning Commission recommended that day care centers for 10 or more children be added as a Conditional Use to the R....3, R-4 and C-2 zones. ~GUNCILMAN DUITSMAN MOVED TO INCLUDE CONDITIONAL USE PERMITS FOR DAY CARE CENTERS FOR 10 OR.MORE CHILDREN IN R-3.R-4, ANDC;...2Z0NES. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED. 4-0.. 10. Language Change to Include Truck stops The City Administrator indicated that the Planning Commission recommended that the language "automobile service" in section 900.12 be changed to "motor vehicle service stations", so as not to eliminate truck stops. COUNCILMAN ENGSTROM MOVED TO AUTHORIZE THE LANGUAGE CHANGE FROM "AUTO- MOBILE SERVICE STATIONS" TO"MOTOR VEHICLE SERVICE STATIONS". COUNCIL- DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. August 4, 1980 Page Fiye 11. Language change to Include "Enclosed Light Manufacturing and Related Sa.les .Operatibn" The City Administrator indicated that the Planning Commission recommended Section 900.16(6) to be expanded by the addition of the following use category: "Enclosed light manufac.turing and related sales operations". COUNCILMAN OTTO MOVED TO APPROVE THE LANGUAGE CHANGE TO INCLUDE "ENCLOSED LIGHT MANUFACTURING AND RELATED SALES OPERATION". COUNCILMANTOTH SECONDED THE MOTION. MOTION PASSED 4-0. 12. Rectuirementof Site Plan The City Administrator indicated the Planning Commission had recommended approval of the site plan definition to be included in Section No. 900.08 as follows: "64 SITE PLAN ..,.. A PLAN DRAWN APPROXIMATELY TO SCALE BUT NECESSITATING A SURVEY SHOWING.USES AND STRUCTURES PROPOSED FOR A PARCEL OR LOT WHICH DELINATES AS APPROPRIATE THE FOLLOWING: PROPERTY LINE LOCATION AND DIMENSIONS, STREETS AND ALLEYS, THE LOCATION AND SIZE OF ALL EXISTING AND PROPOSED STRUCTURES, LOCATION OF EXISTING AND PROPOSED UTILITY LINES AND EASEMENTS AND MAJOR LANDSCAPE FEATURES AND OPEN SPACE." COUNCILMAN OTTO MOVED TO APPROVE THE INCLUSION OF THE DEFINITION OF SITE PLAN IN SECTION 900.08. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4..,..0. 13. State Building Code The City Administrator indicated that the Planning Commission had recommended approval of the revision to section 900.38(1)(A) as follows: "A - no person shall erect, alter, wreck or move any building or structure or any part thereof without first securing a building permit herefore except that no permit shall be required for any alteration or repair of an existing residential building, which is not-structural in nature and will cost less than $1,000." COUNCILMAN OTTO MOVED TO APPROVE THE RECOMMENDATION FOR THE REVISION OFSECTION900.38(1)(A)~ COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4..,.1. COUNCILMAN ENGSTROM OPPOSED. 14. PUD District Language The City Administrator indicated that the change is a housekeeping item that clarifies the PUD zone language to indicate that the 20 acres in question should be under Unified Control or Ownership. COUNCILMAN OTTO MOVED TO APPROVE THE CHANGE OF THE PUD ZONE LANGUAGE TO INDICATE THAT THE 20 ACRES. IN QUESTION. SHOULD BE. UNDER. UNIFIED .. CONTROl OR OWNERSHIP. COUNCILMAN TOTH SECONDED THE MOTION.. THE MOTION PASSED 4-0. 15. CompbundingofUses in the Rand CZones The City Administrator indicated that the Planning Comm i~Sion had re.commended approval of language that eliminated single ~amily housi g from the multi- family zone and the commercial zone. The recommended cha ges would read as follows: "Under the permitted uses in R-4 of 6 Subdivis on A, language would read, uses permitted in R-3, Items B & C, and R-2, item C. In the permitted for the C-l zone, which would be item 7 Subdivision A, the language would read, multi-family dwellings containing at least 12 dwelling units. The City Administrator, further indicated that on page 17, paragraph 2, there was a typographical error that should read" not more than 1 principal building", rather than the word "dwelling". COUNCILMAN DUITSMAN MOVED TO APPROVE THE RECOMMENDED CHANGES AS PROPOSED FOR SECTION 900.12, PRINCIPAL USES BY DISTRICTS. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 4-0 August 4, 1980 Page Six Mr. Charles DeMars appeared before the Council in interest of the proposed zoning on the property in the southwest quarter of Section 13, on the north si~e of Highway 10. COUNCILMAN TOTH MOVED TO RECOMMENDED NO ACTION TAKEN AT THIS TIME. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. COUNCILMAN DUITSMAN MOVED TO APPROVE THE ZONING ORDINANCE, THE LAND USE MAP AND THE ZONING MAP, WITH THE PROPOSED CHANGES AS RECOMMENDED BY THE PLANNING COMMISSION, THE CITY STAFF, THE CITY ATTORNEYS, AND THE CITY PLANNER. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 5-0. The City Administrator indicated that the ZoningOrdinance could be published in its entirety and effective as soon as the proposed changes were made, or it could become effective when the City Council adopted the completed City Code. COUNCILMAN DUITSMAN MOVED TO HAVE THE CITY ORDINANCE PUBLISHED IN ITS ENTIRETY AS SOON AS THE PROPOSED CHANGES WERE.MADE. COUNCILMAN TOTH SECONDED THE MOTION~ THE MOT!ONPASSED 4-0. 8. RivergladeZone Change and Variance Request Mr. Larry Koshak was preseJitto request. a zone change and variance request for the Riverglade Subdivision located in the southerastern-most corner of the City immediately adjacent ot the City of Ramsey. Mr. Koshak indicated that he was requesting a zone change from I-I to C-3 for the northerly one-third of the plat to allow for small retail businesses, for example; an office, store, and/or auto body shop. Mr. Koshak further indicated the City of Ramsey has not acted on the area of the plat located in Ramsey because the Metro Council has not made their final recommendation. Councilman Toth questioned the possibility of standing water on the Ramsey side of the plat. Mayor Madsen asked Commissioner Fox what was the Planning Commissioner's recommendation. Commis- sioner Fox indicated the Planning Commission recommended denial of the request because it was not consistent with the LanddUse Map and Zoning Map. COUNCIL- MAN TOTH MOVED TO DENY THE ZONE CHANGE REQUEST BY LARRY KOSHAK FOR THE RIVER- GLADE SUBDIVISION. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMAN DUITSMAN MOVED TO DENY THE LOT SIZE VARIANCE REQUEST VARIANCE REQUEST FOR THE RIVERGLADE SUBDIVISION. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 4-0. 8~. Mower Purchase The City Administrator reviewed three types of roadside mowers for the City Council with the recommendation of the purchase of a Gehl 140 disc mower from Greenberg Implement for a price of $3,000.00 and the trade-in of the Mott mower. Mayor Madsen asked from which funds th e mower would be paid. The City Administrator indicated that funds from the Certificates of Indebtedness would be used to pay for the balance of the truck, and the mower would be paid for from the General Fund. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE PUR- CHASE OF THE GEHL 140 DISC MOWER IN THE AMOUNT OF $3,000.00. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Non-Con Items A. Eagles Gambling License COUNCILMAN OTTO MOVED APPROVAL OF THE EAGLES GAMBLING LICENSE. COUNCIL- MAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. Aug1:i.st 4, 1980 Page Seven B. BudgetAu~rization for Table Purchase COUNCILMAN ENGSTROM MOVED TO AUTHORIZE PURCHASE OF A TABLE FOR THE CITY OFFICES. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 4-0. C. Election Poll Hours COUNCILMAN ENGSTROM MOVED TO AUTHORIZE THE HOURS OF THE ELECTION POLLS TO BE FROM 7: 00 A.M. TO 8: 00 P. M. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. Administrator's Update A. Or6noDam The City Administrator indicated that the dam project was going well and ahead of schedule. B. Sewer Interceptor Mayor Madsen indicated that he and the City Administrator had met with the Minnesota Pollution Control Agency regarding funding for the sewer interceptor project and further indicated that the PCA had indicated there would be no funding available until 1986 or 1987, and that the Metro money was now being used for Metro sewage plants rather than in the rural areas. Councilman Duitsman indicated his concern that McCombs-Knutson continued to proceed with the drawings and feasibility reports for the sewer interceptor project. Mayor Madsen asked that the sewer Interceptor project be scheduled for the next City Council meeting. C. Senior Citizen's Sewer Rate The City Administrator indicated that the City has received approximately 30 applications for the Senior Citizen's sewer rate. 11. Check Register COUNCILMAN OTTO MOVED APPROVAL OF TEH CHECK REGISTER. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. TentativeAgenda The sewer interceptor, the 101 Bridge, and the sea1coat project are all items tentatively scheduled for the August 18, 1980 City Council Meeting. There being no further business, COUNCILMAN TOTH MOVED THAT THE MEETING BE ADJOURNED. . (~~. /i1. v:J~' / , V ~ 0" }~U-J Phy11 s Boedigheimer Deputy City Clerk/Treasurer PB:dkk