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INFORMATION 07-29-2002Information Item City MEMORANDUM TO: FROM: Mayor and City Co~ Michele McPherscht~)Oirector of Planning DATE: July 29, 2002 SUBJECT: Morrell Trucking-Jackson Avenue Attachments · June 7, 2002 Letter from David Clough · SePtember 27, 1999 City Council Minutes · October 11, 1999 City Council Minutes · November 22, 1999 City Council Minutes On June 10, 2002 we received a letter of complaint regarding the Jackson Avenue Morrell Trucking site from Mr. David R. Clough. His complaints were two-fold: 1) that Morrell Trucking has lost its "grandfather" status; and 2) that the northerly parcel had been used by the school's contractor, Kraus-Anderson, for both parking and material storage. Grandfather Status In response to the first complaint, it is difficuk without 24-hour, 7-day a week monitoring to determine whether or not Morrell Trucking truly has lost its grandfather status. Section 900.34 outlines the requirements for nonconforming uses and buildings. Specifically, Section 900.34.6 - Discontinuance, states: "in event that a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of six months, the use of the same shall therefore conform to the regulations of the district in which it is located". There are no performance standards within this section detailing what constitutes a discontinuance of normal operation. For instance, if nonconforming building or use is utilized only once per week, does that qualify as a discontinuance? It is clear that the Jackson Avenue Morrell Trucking site has been used on an intermittent basis, but to staff's knowledge, at no time did use completely cease on the site on a continual basis for a six- month period. An argument could possibly be made in court that what occurs on the site is Morrell Trucking Update/Mayor and City Council July 29, 2002 Page 2 not "normal operations", therefore the site has lost its nonconforming status. suggest referring that issue to legal counsel for case law review. I would Via voice mail message, Mayor Klinzing indicated that River's Christian Academy has purchased the Jackson Avenue Morrell site for school purposes. Therefore, the use ofthe site by Morrell Trucking will cease in a relatively short period of time. Parking and Material Storage In regards to the second complaint regarding parking on the site by the school's contractor, Kraus-Anderson, in October of 1999 the City Council approved a general planning permit for the Morrell parking lot to allow parking for the 1999-2000 school year with six conditions on the property. On November 22, 1999, the City Council eliminated 3 of the 6 conditions regarding the parking lot (see attached minutes). In 2000, Mr. Morrell elected not to apply for an interim use permit to allow the parking lot to be of a more permanent nature. To staff's knowledge, no discussion occurred between 2000 and the time the school began construction of the senior high expansion, requesting permission to park the contractor vehicles, equipment, and materials on the site. This situation will eliminate itself, as construction will be completed on the senior high by the time school starts in August/September 2002. If the Council desires, a letter outlining the above facts can be sent to Mr. Clough regarding this issue. CC: Peter Beck, City Attorney S:\PLANNING\MICH]VlC\MEMOS\Morrell prop.doc June 7, 2002 Mayor and Council City of Elk River Morrell trucking moved a few years agO and as a result lost the "grandfather status" at Jackson avenue. The City Ord. Section 900.34 requires that all nonconforming use be removed (I.E. terminal/warehouse). This was never done and Morrell has now back operating at this location. The north 168 X 400 foot parcel is now been used as workers parking lot and material storage for the school contractor. This property has never had a permitted principal use estabish- ed and I know a commercial parking lot is not one of them. As school is now out the City should immediately require this lot to be vacated and the access drive removed. The school has a whole empty student parking lot to accomodate the contractor. Please be advised this complaint is about a problem created by the City's lack of ordinance enforcement. Where else has the City allowed a 168 X 400 unpaved parking lot adjacent within 25' of a residential building? The dust is the consistancy of talcum powder. I dare say if a City staff or elected official lived here the problem would have been resolved 15 years agog! Sincerely, DO NOT TURN THIS OVER TO ZONING AS THEY WONT ACTfIl! City Council Minutes September 27, 1999 Page 2 Item 6.2, the last paragraph should read as follows: Councilmember Motin suggested that the Whereas in the resolution containing the $1.00 amount be deleted in its entirety and suggested that Item #3 also be deleted in its entirety. COUNClLMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1a. 3.1b. 3.2. 3.3a. 3.3b. 3,4, 3,5, 3.6, 9/13/99 CITY COUNCIL MINUTES - APPROVED 9/20/99 CITY COUNCIL MINUTES - APPROVED AS AMENDED CHECK REGISTER - APPROVED PAY ESTIMATE #3 TO NORTHWEST ASPHALT, INC. FOR SCHOOL STREET IMPROVEMENTS IN THE AMOUNT OF $61,350.42 - APPROVED PAY ESTIMATE #6 TO S.R. WEIDEMA, INC. FOR EASTERN AREA IMPROVEMENTS IN THE AMOUNT OF $582,133.93 -APPROVED EXEMPT GAMBLING PERMIT FOR CHURCH OF ST. ANDREW FOR BINGO ACTIVITY ON OCTOBER 17- 30 DAY WAITING PERIOD WAIVED APPROVED AUTHORIZATION FOR STAFF TO ADVERTISE FOR BIDS FOR GROUP HEALTH INSURANCE FOR THE CONTRACT YEAR BEGINNING JANUARY 1, 2000 - APPROVED AUTHORIZATION TO AWARD QUOTE FOR WORK ON EMPORIUM TO RIVERSIDE COMPANIES FOR APPROXIMATELY $10,000 - APPROVED COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4,4. Discussion on Morrell Parkin.q Lot Director of Planning Michele McPherson noted that the City Council requested staff to investigate a possible commercial parking lot at 809 Jackson Avenue. She stated that she reviewed the situation with the City Attorney, and the following concerns were raised: The zoning code only allows parking lots as an accessory use and establishment of a parking lot as a primary use would require an amendment to the ordinance. The parking lot would need to comply with standards set forth in the ordinance. There is a concern with students safely crossing School Street if they park in the parking lot. Michele noted that she sent a letter to Larry Morrell outlining the city's concerns. Discussion was held by the council regarding the city's options. Councilmember Farber suggested that a possible interim use be considered, as this seems to be a femporary situation. COUNCILMEMBER MOTIN MOVED TO TABLE THIS ISSUE UNTIL THE OCTOBER 11,1999, MEETING TO ALLOW STAFF TO GATHER MORE INFORMATION IN RELATION TO AVAILABLE OPTIONS. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Elk River City Council Minutes October 11, 1999 Page 7 5.6. Morrell Parkin,q Lot, 809 Jackson Avenue Director of Planning Michele McPherson indicated that staff has researched the issue of allowing temporary commercial parking at the Morrell parking lot located at 809 Jackson Avenue. Michele indicated that after researching the issue, staff has come up with four options. She reviewed the four options as stated in her memo to the Mayor and City Council dated October 7, 1999. She recommended that the City Council issue a general planning permit for the parking lot for the 1999-2000 school year and consideration be given to an ordinance amendment to allow interim uses, which this request would fall under following the 2000 school year. Discussion was held by the council regarding the general planning permit process versus the interim use permit process. The Council discussed the necessity of requiring fencing along School Street in order to direct pedestrian traffic toward the School Street/Jackson Avenue intersection. It was the consensus that some type of barrier should be provided to discourage jaywalking. Following discussion of this item, it was the consensus of the council that a general planning permit be required at this time. The Council then directed staff to begin the process of amending the ordinance to allow interim uses. COUNCILMEMBER FARBER MOVED TO APPROVE A GENERAL PLANNING PERMIT FOR THE MORRELL PARKING LOT AT 809 JACKSON AVENUE TO ALLOW PARKING FOR THE 1999-2000 SCHOOL YEAR WITH THE FOLLOWING CONDITIONS: THAT THE PARKING LOT MEET THE TEN FOOT SETBACK FROM THE PROPERTY LINES. e THE ENTRANCE FROM SCHOOL STREET BE CLOSED AND VEHICULAR ACCESS TO THE PROPERTY BE LIMITED TO JACKSON AVENUE. 3. THE SURFACE OF THE LOT BE CLASS 5. LANDSCAPING BE INSTALLED ALONG JACKSON AVENUE AND SCHOOL STREET BE REVIEWED IN THE SPRING. SOME TYPE OF ECONOMICAL FENCING BE INSTALLED ALONG SCHOOL STREET AT LEAST UNTIL THE END OF THE SCHOOL YEAR. THE APPLICANT PROCESS AN INTERIM USE PERMIT FOR FUTURE YEARS AFTER THE CITY AMENDS THE ORDINANCE FOR INTERIM USES. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Open Mike Mr. Bruce Turner, 18776 Cleveland Avenue, stated that he lives in an agricultural area that is marked as a no gun zone. He indicated he has spoken to the police chief regarding this issue and the police chief has requested that he bring his concern to the council. He explained that there are no houses closer than over 1,000 feet to his property other than his own house, which is about 500 feet. He stated that he feels it would be safe to allow bow hunting and slug hunting in agricultural areas. Elk River City Council Minutes November 22, 1999 Page 5 o 6.1. COUNCILMEMBER DIETZ MOVED TO ADD THE FOLLOWING TO THE 12/6/99 SPECIAL CITY COUNCIL MEETING AGENDA: CITY POLICY MANUAL REVIEW AND DISCUSSION OF CITY CONTRIBUTION TOWARD HEALTH INSURANCE PREMIUMS COUN¢ILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Open Mike No one appeared for this item. Update on Morrell Companies Parkin.q Lot Director of Planning Michele McPherson noted that she had contacted Mr. Morrell regarding the council's concerns relating to the Morrell parking lot on Jackson Avenue and School Street, which is being used for overflow parking for the high school students. Terry Morrell addressed items 2, 4, and 5, in the letter addressed to Larry Morrell dated October 22, 1999, from Michele McPherson. Much discussion was held by the council regarding the need to close the entrance from School Street, allowing only one entrance from Jackson Avenue. Terry Morrell noted that this would not be a viable solution and that the parking lot would terminate if the council requested this item to be completed. It was suggested that the police department ticket jaywalkers to prevent students from crossing at the driveway opening on School Street. Discussion was also held regarding landscaping. It was noted by Terry Morrell that the trees that had been used for landscaping purposes have been removed by the city and have not been replaced. Discussion was held regarding the installation of fencing along School Street. It was noted that more crosswalks in the area might reduce potential accidents from happening. It was also noted by Mayor Klinzing that the situation at the Morrell parking lot is temporary. COUNCILMEMBER FARBER MOVED TO AMEND THE PREVIOUS MOTION MADE BY THE CITY COUNCIL ON OCTOBER 11, 1999, BY DELETING ITEMS 2, 4, AND 5 IN THE MOTION. ¢OUNCILMEMBER MOTIN SECONDED THE MOTION. Councilmember Motin noted that he would prefer closing off the entrance to School Street. Councilmember Farber suggested having the police look at ticketing jaywalkers and have the street superintendent review the crosswalk situation in the area. THE MOTION CARRIED 3-2. Councilmember Dietz and Thompson opposed. Other Business Request for Transient Merchant by Dennis Froelich The City Clerk noted that Dennis Froelich has requested a transient merchant license to sell Florida grapefruit and oranges at Menard's parking lot located at 19521 Evans Street.