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03-18-1996 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 18, 1996 Members Present: Members Absent: Staff Present: Also Present: Mayor Duitsman, Councilmembers Dietz, Scheel, Farber and Holmgren None Lori Johnson, Assistant City Administrator; Sandra Thackeray, City Clerk; Steven Ach, City Planner; Scott Harlicker, Assistant City Planner; Stephen Rohlf, Building and Zoning Administrator; Terry Maurer, City Engineer; Peter Beck, City Attorney Bob Minton, Planning Commission Representative 4.1. 4.2. Call Meetin,q To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Duitsman. Consider A.qenda COUNClLMEMBER HOLMGREN MOVED TO APPROVE THE COUNCIL AGENDA AS PRESENTED. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Aqenda COUNClLMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 4.3. EXEMPTION FROM LAWFUL GAMBLING LICENSE FOR CHURCH OF ST. ANDREW -- APPROVED 5.1. WINDSOR DEVELOPMENT REQUEST FOR PRELIMINARY PLAT (LAFAYE1TE WOODS) CASE NO. P 95-2 -- WITHDRAWN 6. CHECK REGISTER -- APPROVED COUNClLMEMBER HOI.MGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Liquor Insurance Renewal COUNClLMEMBER FARBER MOVED TO APPROVE THE INSURANCE RENEWAL WITH MARYLAND INSURANCE GROUP FOR THE NORTHBOUND LIQUOR STORE EFFECTIVE APRIL 1, 1996. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Approve Mana.qed Care Provider for Workers Compensation City Council Minutes March 18, 1996 Page 4.4, 4.5, 5.2. Assistant City Administrator Lori Johnson updated the Council on the procedure of instituting a managed care program. After reviewing five managed care companies, Lori Johnson indicated that the field was narrowed to the two companies that include Elk River clinics in their provider network; CorVel and Medica. Lori Johnson indicated that although both companies could provide the service to the City, Medica offers two choices of billing and free on-site training for employees. COUNCILMEMBER FARBER MOVED TO ENTER INTO A MANAGED CARE PROVIDER AGREEMENT WITH MEDICA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Library Annual Report Mick Staffers presented the 1995 Library Annual Report. Mick Staffers introduced the members of the Library Board, all of whom were present. Library Board Member Murray McNair explained that the old portion of the library has experienced roof leakage problems. He indicated that an estimate was received from Herzog Roofing to reroof the old section of the library of 24,000 - $27,000. Mayor Duitsman requested the Building Official to review this matter and make a recommendation to the City Council. Community Recreation Update Councilmember Holmgren updated the Council on the recent Community Recreation Board Meeting. Jim and Kathleen Raivala Request for Variance, Public Hearinq, Case No. V96-1 Planning Assistant Scott Harlicker indicated that Jim and Kathleen Raivala have requested a 28 foot front yard setback variance from the required 30 foot front yard setback. The variance is being requested to construct a 22' x 16' detached garage at the location of 18648 Simonet Drive. Scott Harlicker indicated that the Elk River Municipal Utilities has expressed a concern regarding the proximity of the proposed garage to the existing overhead distribution line. Scott stated that the Planning Commission recommended denial because the request does not meet the five standards required to grant a variance. Mayor Duitsman opened the public hearing. Kathy Raivala, 18648 Simonet Drive, indicated that if the garage is placed at the location required by the City, it will block the southern exposure to the neighbor's patio. Mrs. Raivala indicated that the neighborhood is very old and that the lots are narrow. She further indicated that there are currently several garages that do not fit the current setback ordinances. She stated that another setback variance for a garage had been previously granted and, therefore, the Council would not be setting a precedence. Mrs. Raivala indicated that she had a City Council Minutes March 18, 1996 Page 3 5.3. petition signed from all 19 neighbors indicating they are not opposed to the request. Councilmember Scheel indicated that this request is unique because of the restrictions caused by the lake. She stated that the front yard could actually be considered the back yard. Councilmember Farber indicated that the neighborhood is an out-of-the-ordinary neighborhood due to the size of the lots and the restrictions caused by the lake. Mayor Duitsman suggested a compromise by moving the back of the garage at the same location as the back of the carport. COUNCILMEMBER DIETZ MOVED TO DIRECT STAFF TO REPORT BACK TO THE COUNCIL WITH FINDINGS FOR AN ALTERNATE SITE PLAN SO THE BACK END OF THE GARAGE IS NO FURTHER BACK THAN THE BACK END OF THE CAR PORT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Rezoninq Request by Tom and Sara Hartman/Guardian Anqels of Elk River, Inc., Public Hearin.q Case No. ZC 94-15 City Planner Steven Ach indicated that the Hartmans and the Guardian Angels of Elk River, Inc., have requested to rezone approximately 4 acres from R lc (single family residential) and R2b (two family residential) to C4 (neighborhood commercial). Mayor Duitsman opened the public hearing. There being no public comment, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 96-8, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1C (SINGLE FAMILY RESIDENTIAL) AND R2B (TWO FAMILY RESIDENTIAL) TO C4 (NEIGHBORHOOD COMMERCIAL) BASED ON THE FOLLOWING FINDINGS: THE PROPOSED FRONTAGE ROAD CREATES A NATURAL AREA THAT WOULD BE BEST USED AS COMMERCIAL. CHANGE TO A NEIGHBORHOOD COMMERCIAL ZONING DESIGNATION WILL NOT HAVE A DETRIMENTAL EFFECT ON THE SURROUNDING PROPERTIES. WITH THE CONSTRUCTION OF A FRONTAGE ROAD, CONDITIONS WILL CHANGE TO WARRANT A CHANGE IN ZONING. ESTABLISHING A COMMERCIAL ZONING AT A SIGNALIZED INTERSECTION IS A REASONABLE AND LOGICAL LAND USE DETERMINATION. CHANGE IN ZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN MAP THAT WAS RECENTLY UPDATED AS PART OF THE COMPREHENSIVE PLAN UPDATE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes March 18, 1996 Page 5.4. 5.5. Preliminary Plat for Rick Lurid, Pt~bli¢ Hearin.q Case No. P 95-8 City Planner Steven Ach indicated that the developer has requested to continue this item until March 25, 19(26. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE PRELIMINARY PLAT FOR RICK LUND TO THE MARCH 25, 1996, CITY COUNCIL MEETING. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. Ordinance Amendment Request by the City of Elk River, Public Hearin.q, Case No. OA 96-1 City Planner Steven Ach indicated that the City is requesting an ordinance amendment to amend the dimensional regulations set forth in the zoning ordinance for urban residential zoning districts (R lc, R ld, and R le), and add the previously adopted standards for the BP and C4 zoning districts. Steven Ach explained that the ordinance amendment will clarify the minimum lot size in residential zoning districts prior to city water and sewer. Mayor Duitsman opened the public hearing. Planning Commission Representative Bob Minton indicated that the Planning Commission recommended approval. Carol Turner, 18776 Cleveland Avenue indicated she is opposed as she does not want to be limited to the 10 acre lot size. Councilmember Scheel indicated that she was opposed to the 10 acre minimum lot size because people have invested finances in their land. Councilmember $cheel also spoke to the differences in services received by the urban and rural property owners. Mark Parranto of Delta Homes indicated he was representing Mr. Waddy Schultz. He indicated that Mr. Schultz is opposed to the ordinance amendment because the ordinance requires a minimum of 10 acres on his property. He further indicated that there is a concern as to when sewer and water will reach his property. Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 96-9, AN ORDINANCE AMENDING SECTION 900.18 OF THE CITY OF ELK RIVER CODE OF ORDINANCES SCHEDULE OF DIMENSIONAL REGULATIONS CASE NO. OA 96-2. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER SCHEEL OPPOSED. City Council Minutes March 18, 1996 Page 5 OPEN MIKE Dave Loch, Sherburne County Coordinator, informed the Council that Gallagher Refuse has been sold to United Waste. He indicated that United Waste will take the waste to a plant in Iowa. He indicated his concern regarding the precedent this will set. Mayor Duitsman suggested that the County contact the City Administrator regarding this issue. 5.6. .Request by City of Elk River for Rezonin.q, Public Hearinq Case #ZC 96-5 Assistant Planner Scott Harlicker indicated that the City of Elk River is requesting a rezoning from R la ISingle Family Residential) to R 1 e (Single Family Residential). The properties under consideration for rezoning consist of about 1000 acres, located in an area bounded by Sherburne Co. Road 13 to the north, Sherburne Co. Road 12 to the south, Cleveland Street on the east and Tyler Street on the west. Scott Harlicker indicated that the Planning Commission recommended approval of the request. Mayor Duitsman opened the public hearing. Mark Parranto indicated that Mr. and Mrs. Schultz are opposed to the rezoning of their land. Planning Commission representative Bob Minton indicated that the Planning Commission recommended approval of the request. Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 96-10, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R-lA (SINGLE FAMILY RESIDENTIAL) TO R1E (SINGLE FAMILY RESIDENTIAL) CASE NO. ZC 96-5 BASED ON THE FOLLOWING: THE PROPOSED REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL). THE PROPOSED REZONING IS COMPATIBLE WITH THE ADJACENT LAND USES AND ZONING. THE PROPOSED REZONING WILL BE CONSISTENT WITH THE RECENT EXPANSION OF THE URBAN SERVICE AREA AND IS REFLECTIVE OF THE RESIDENTIAL DENSITY USUALLY ASSOCIATED WITH MUNICIPAL SERVICES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER SCHEEL OPPOSED. City Council Minutes March 18, 1996 Page 6 5.7. 5.8, Rezoninq Request by the City of Elk River, Public Headn.q Case No. ZC 96-6 Assistant Planner Scott Harlicker indicated that the City of Elk River is initiating a rezoning from R lc (Single Family Residential to I1 (Light Industrial. The area under consideration is bounded by Sherburne Co. Road 13 on the north and west, Sherburne Co. Road 12 on the south and Tyler Street alignment on the east. Scott Harlicker presented the staff report on this issue. He indicated that the Planning Commission recommended approval of the request. Mayor Duitsman opened the public hearing. Mark Parranto of Delta Development indicating that he is representing a majority of the property owners that are affected by this request. He indicated that the Schultz's, Mulvaneys, Austs, and Christians are opposed to the request for zone change. Mayor Duitsman informed the residents of the transportation concerns in the area. Mike Mulvaney indicated his concerns regarding the increase in property taxes due to the industrial zoning. He indicated the tax base would triple and indicated that he is opposed to the zone change. Mayor Duitsman closed the public hearing. Mayor Duitsman indicated he supported not rezoning the property at this time. Councilmember Holmgren concurred with the Mayor. Councilmember Dietz indicated his concern regarding the need for more industrial land in the eastern area of the city. Councilmember Scheel indicated that the City should consider rezoning Industrial Hardfacing property and George Deschene's property as light industrial but to leave the remainder as R lc. Councilmember Farber indicated he shared Councilmember Dietz's concern, however indicated that there are too many problems with the property and the rezoning would create a hardship for the residential property owners. COUNCILMEMBER FARBER MOVED TO DENY THE REZONING REQUEST BY THE CITY OF ELK RIVER CASE NO. ZC 96-6 TO REZONE PROPERTY FROM R1C (SINGLE FAMILY RESIDENTIAL) TO I1 (LIGHT INDUSTRIAL) COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by City of Elk River for Rezoninq, Public Hearin.q Case #ZC 96-7 Assistant Planner Scott Harlicker indicated that the City of Elk River is initiating a rezoning from R lA (Single Family Residential) to Rle (Single Family Residential) The property is bounded by 177th Avenue alignment on the north, 173rd Avenue on the south, Burlington Northern Railroad tracks on the west and Tyler Street alignment on the east. Scott Harlicker reviewed the staff report for this issue. He indicated that the Planning Commission recommended approval of the request. City Council Minutes March 18, 1996 Page '7 5.9. 5.10. Mayor Duitsman opened the public hearing. There being no public comment, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 96-11, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1A (SINGLE FAMILY RESIDENTIAL) TO R1E (SINGLE FAMILY RESIDENTIAL) CASE NO. ZC 96-7 BASED ON THE FOLLOWING: THE PROPOSED REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL). THE PROPOSED REZONING IS COMPATIBLE WITH THE ADJACENT LAND USES AND ZONING. 3. THE PROPOSED REZONING WILL BE CONSISTENT WITH THE RECENT EXPANSION OF THE URBAN SERVICE AREA AND IS REFLECTIVE OF THE RESIDENTIAL DENSITY USUALLY ASSOCIATED WITH MUNICIPAL SERVICES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER SCHEEL OPPOSED. Request by City of Elk River for Rezonin.q, Public Hearinq Case #ZC 96-8 Assistant Planner Scott Hadicker indicated that the City of Elk River is initiating a rezoning from Rla (Single Family Residential) to Rle (Single Family Residential). The property is bounded by 16?th Avenue on the north, the Oliver Kelly Farm to the south, the Mississippi River on the west and a line approximately 300 feet west of Highway 10 on the east. The rezoning request is being presented as a result of recent changes to the land use plan which were part of the comprehensive Plan update. Scott Harlicker indicated that the Planning Commission recommended approval. Request by City of Elk River for Rezonin.q, Public Hearinq, Case #ZC 96-9 Assistant Planner Scott Hadicker indicated that the City of Elk River is initiating a rezoning from R la (single family residential and C3 (highway commercial to BP (business park). The area under consideration for rezoning is bounded by 167th Avenue on the nodh, the Oliver Kelly Farm on the south, Highway 10 on the east and a line about 300 feet west of Highway 10 on the west. The rezoning request is being presented as a result of recent changes to the land use plan which were part of the Comprehensive Plan update. Scott Harlicker indicated that the Planning Commission recommended approval of the request. Mayor Duitsman opened the public hearings for items 5.9 and 5.10. Kathy Specht, 16330 Highway 10, Elk River, MN indicated her opposition to both rezoning requests as they affect property owned by her family. She also indicated her concern regarding increase in property taxes if the rezoning is approved. Mayor Duitsman closed the public hearing. City Council Minutes March 18, 1996 Page 8 5.11. Coun¢ilmember Scheel stated that she empathized with the residents that are affected and indicated that she is opposed to the rezonings. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 96-12, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1A (SINGLE FAMILY RESIDENTIAL)TO R1E (SINGLE FAMILY RESIDENTIAL), CASE NO. ZC 96-8, BASED ON THE FOLLOWING: e THE PROPOSED REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL). THE PROPOSED REZONING IS COMPATIBLE WITH THE ADJACENT LAND USES AND ZONING. THE PROPOSED REZONING WILL BE CONSISTENT WITH THE RECENT EXPANSION OF THE URBAN SERVICE AREA AND IS REFLECTIVE OF THE RESIDENTIAL DENSITY USUALLY ASSOCIATED WITH MUNICIPAL SERVICES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER SCHEEL OPPOSED. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 96-13, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM RIA {SINGLE FAMILY RESIDENTIAL) TO BP (BUSINESS PARK), CASE NO. ZC 96-9, BASED ON THE FOLLOWING: THE PROPOSED REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF LI (LIGHT INDUSTRIAL) AND CC (COMMUNITY COMMERCIAL). e THE PROPOSED REZONING IS COMPATIBLE WITH THE ADJACENT LAND USES AND ZONING. THE PROPOSED REZONING IS CONSISTENT WITH THE RECENT EXPANSION OF THE URBAN SERVICE AREA AND THE CONCEPT OF PROVIDING BUSINESS PARK LAND WITHIN THE URBAN SERVICE AREA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER SCHEEL OPPOSED. Rezoninq Request by the City of Elk River, Public Hearinq Case No. ZC 96-10 Planning Assistant Scott Harlicker indicated that the Planning Commission tabled this item until their March 26, 1996, meeting. He indicated that the item will be presented to the City Council on April 15, 1996. City Council Minutes March 18, 1996 Page 9 5.12. 5.13. o Moratorium on the Establishment of Pawnshops or the Licensin,q of Pawnbrokers Planning Assistant Scott Harlicker indicated that the Planning Commission held a public hearing to review the proposed ordinance amendment establishing a moratorium on pawnshops. He explained that the intent of the moratorium is to allow the City the opportunity to review the existing pawn shop ordinance and licensing requirements. COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 96-14, AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT OF PAWN SHOPS OR THE LICENSING OF PAWNBROKERS WITHIN THE CITY OF ELK RIVER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Ordinance Amendment Request by the City of Elk River, Public Hearinq, Case No. OA 96-2 COUNClLMEMBER HOLMGREN MOVED TO POSTPONE ANY ACTION ON THIS ITEM UNTIL APRIL 15, 1996. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Other Business City Planner Steven Ach indicated that the Planning Commission would like to set a date for a joint meeting with the City Council. It was the consensus to ask the Planning Commission to consider May 13, following the EDA meeting as the date. Staff Updates No staff updates Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River was adjourned at 8:15 P.M. Respectfully submitted, City Clerk s:\minutes\coO31896.doc