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09-13-1990 PC MIN . MEETING OF THE ELK RIVER PLANNING COMMISSION/CITY COUNCIL HELD AT THE ELK RIVER CITY HALL CONFERENCE ROOM THURSDAY, SEPTEMBER 13, 1990 Councilmembers Present: Mayor Tralle, Councilmembers Schuldt, Holmgren, and Kropuenske Planning Commission Members Present: Chairman Kimball, Commissioners Johnson, Eberley, Bischoff, VanValkenburg and Nadeau Staff Members Present: Steve Rohlf, Building and Zoning Administrator; Janelle Szklarski, Zoning Assistant; Pat Klaers, City Administrator; Cliff Skogstad, Building Official and Phil Hals, Street Superintendent 1. Pursuant to due call and notice thereof, the joint meeting of the Elk River City Council and Planning Commission was called to order at 7:00 p.m. by Mayor Tralle. 2. HOME OCCUPATIONS - Janelle Szklarski, Zoning Assistant, stated that this topic was put on the agenda because of a recent conditional use permi t application (Gemini Communications), where the home occupation involved a number of outside employees. It was the Planning Commission's desire to discuss possible changes to the ordinance regarding home occupations. . Commissioner Kimball stated that the main focus of this discussion should be on the number of non-resident employees. He stated that the technology of the 21st Century will make it possible for more people to work out of their homes. Mayor Tralle agreed that many people are now connecting their home computers to their employer's main frame so that business can be done from their home. He also stated that he is not as concerned with these types of home occupations as he is with the retail home occupations such as Camo Alley on Jackson Avenue. Commissioner Kimball stated that he had talked with Jackie Schuelein, Executive Vice President of the Elk River Area Chamber of Commerce, and she felt that many people start businesses in their homes which eventually grow into the commercial sector. Chairman Kimball stated tha.t home occupations encourage new businesses to start. Councilmember Kropuenske stated that the permit process should limit the number of employees or customers that are in the home at one time. . Steve Rohlf, Building and Zoning Administrator, stated that in the case of Gemini Communications, the business started out small and grew to a more intensive state where it required outside employees. Mr. Rohlf stated that originally he had viewed this request as being similar to contractors, which do not require conditional use permits. He stated that staff needs some discretion to determine which home occupations require a conditional permit, and which do not. Mayor Tralle stated that he would hesitate to change the ordinance and that some discretion should be left at staff level. . . . C.C. and P.C. Minutes September 13, 1990 Page 2 Commissioner Eberley stated that the newsletter should have an article in it which addresses home occupations and when a conditional use permit is required. 3. WEED ORDINANCE - Steve Rohlf, Building and Zoning Administrator, stated that the model weed ordinance, which was provided to the Planning Commission by Sherri Borquist, would be impossible to enforce. Phil Hals, street Superintendent, agreed with Mr. Rohlf and stated that currently the Ci ty has a noxious weed ordinance, which can deal with some weed complaints. In addition, the City also can handle weed complaints under a public nuisance. Mayor Tralle questioned how the weed ordinance idea originated. Commissioner Kimball stated that Sherri Borquist, County weed inspector, had helped the Planning Commission write the landscaping ordinance. At that time, the need for a weed ordinance was discussed. Commissioner Kimball also stated that he did not anticipate the weed ordinance being reviewed at the joint meeting workshop, but rather that it was something the Planning Commission wished to review on their own prior to having the City Council review it. It was the consensus of the Planning Commission and City Council that the model weed ordinance submitted was over-kill, and that if a weed ordinance were adopted it would need to be less stringent. 4. RELOCATION OF THE EARL HOHLEN MOBILE HOME PARK - Mayor Tralle questioned if the City had to provide a new location for the trailer home park. Pat Klaers, City Administrator, stated that legally a City must provide a zone which accommodates mobile home parks. Steve Rohlf, Building and Zoning Administrator, stated that currently the R-3 zoning district allows trailer parks as a condi tional use. He went on to state that the City Council will be considering zone changes for Focus Area C on September 17, 1990. The Planning Commission recommended that the property to the east of the trailer park be rezoned to R-2b, however, the Focus Area Studies did indicate that some medium to high densi ty residential would be appropriate in that area as a transition from commericial to single family residential. Mr. Rohlf stated that if the property to the east of the park were zoned R-3 to accommodate the trailer park, Mr. Hohlen would still need DNR's approval because of the wetlands which are located in that area. Pat Klaers, City Administrator, stated that the mobile home park can remain at its present location until Mr. Hohlen decides to sell it. At that time he could petition for a zone change if he finds a site where he wishes to relocate the mobile home park. 5. ADULT ENTERTAINMENT MORATORIUM - Mayor Tralle stated that he had met with the Ramsey's City Administrator. The City of Ramsey has spent a significant amount in legal fees regarding the adult book store located in their city. Mayor Tralle stated that he would like to see the city extend the moratorium on adult entertainment for 18 months. He stated that the city should wait to see how Ramsey resolves the issue before passing any ordinances regarding adult entertainment. City Administrator, Pat Klaers, stated that a new ordinance would not ban C.C. and P.C. Minutes September 13, 1990 Page 3 . adult entertainment industries, rather it would place controls on these types of businesses. 6. RENTAL INSPECTIONS - Cliff Skogstad, Building Official, stated that the Building and Zoning Department is requesting that the city adopt the Uniform Housing Code, which would address health and safety issues for rental property. He stated that in doing so, the city would need to license apartment buildings, and charge a license and inspection fee in order for the units to be inspected. Mr. Skogstad also stated that currently the city has 49 apartment buildings with roughly 950 rental units. He went on to state that if all of these units were to be inspected for compliance with the Uniform Housing Code, a new staff person would need to be hired. Councilmember Holmgren questioned whether or not the fire chief could do the inspections. Mr. Skogstad responded by stating that the fire chief currently checks for smoke alarms, rated walls and doors and other fire related issues. However, the Uniform Housing Code addresses a much broader list of concerns with rental property. . Mayor Tralle stated that he was more concerned with home rentals being in violation of the Uniform Housing Code than apartments. Mr. Skogstad responded by stating that he has received more complaints from apartments than homes. Councilmember Kropuenske stated that home renters probably complain less often because their rent is lower and they don't feel that they have a right to complain, whereas apartment dwellers, who pay higher rent, will complain more readily. Mayor Tralle stated that with roughly 25% of the city's population Ii ving in rental property, the issue of rental safety needs to be addressed. Mr. Skogstad stated that the licensing and inspection fees would partially pay for the salary of a housing inspector. Commissioner Eber ley questioned what fines would be associated with the Uniform Housing Code and how it would be enforced. Councilmember Kropuenske questioned how often the units would be inspected. Mr. Skogstad responded that one cycle of inspections would probably take two to four years to complete. He went on to state that the goal of this project would be to keep apartments safe and attractive and hopefully to reduce the number of police calls to apartments. Mayor Tralle stated that any fee levied on apartment owners will eventually be passed on to the renters. Mr. Skogstad responded that all apartments would be required to be inspected, therefore, no apartments would have an unfair advantage. . Discussion ensued on when an ordinance adopting the Uniform Housing Code would be ready and where additional staff would be located. The City council indicated that it would like to see the program implemented by the spring of 1991. Councilmember Holmgren stated that he would like to see the inspections coordinated with the County Assessor's Office. It was the consensus of the Planning Commission and Ci ty Council that the Building and Zoning staff should follow through with an ordinance amendment adopting the Uniform Housing Code and that they should develop a job description for a housing inspector. C.C. and P.C. Minutes September 13, 1990 Page 4 . Additionally, further staff, Planning Commission and City Council work and discussion on this proposed project is required as the City does not want to adopt an ordinance until it has the staff to enforce it. 7. THE NUMBER AND LOCATION OF APARTMENTS - Mayor Tralle stated that the average community has somewhere between 18% and 25% apartments. The City of Elk River is at the top of that figure. Steve Rohlf, Building and Zoning Administrator, stated that the recent Focus Area Studies involved zone changes which provided limited vacant land zoned for apartments. The only vacant property in the city, which is currently zoned for apartments, is the Morrell property on School Street and some property to the west of Proctor. He felt that the recent Focus Area Studies should help to limit the growth of multifamily dwellings. 8. COUNTY MARKET INCINERATOR Steve Rohlf, Building and Zoning Administrator, stated that he had talked with Jerry Hagen, owner of County Market, who has been working with Chris Kreger of the Elk River Landfill. He also stated that MPCA has tested the emissions from the incinerator and staff is awaiting the results. Councilmember Schuldt questioned what is being burned in the incinerator. Mr. Rohlf stated that primarily cardboard is being burned. He stated that although the city cannot deal with the incinerator under the Solid Waste Ordinance, because it does not meet the 2000 lbslper hour capacity, staff will deal with this issue as a public nuisance. He stated that staff is in a good working relationship with Mr. Hagen in finding an alternative which will work. . 9. COMMUNICATION WITH THE PUBLIC - Commissioner Johnson stated that she would like to see the Mission Statement of the City in an upcoming news letter. Discussion ensued regarding methods of improving communication between the city and the public. A community bulletin board and having a section in the local newspaper which explains city events in layman's terms were discussed as possibilities. 10. Adjournment COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE 9/13/90 JOINT WORKSHOP SESSION OF THE CITY COUNCIL AND PLANNING COMMISSION. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. The joint meeting of the Elk River City Council and Planning Commission adjourned at 9:10 p.m. Respectfully submitted, ~~ Janelle Szklarski Zoning Assistant .