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HomeMy WebLinkAbout05/24/1983 Council Minutes46 May 23, 1983 City's support in his bid for re- eletion to the Metro Council. NEW BUSINESS The consideration of designating a Signatory for Post Board Train - ing Reimbursement Funds was discussed. Mr. Schumacher explained this is a Resolution required to be able to participate in this reimbursement fund. Mr. Reinert moved to adopt Resolution #83 -18 and waive the reading. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Mr. Marier noted a letter from Mr. & Mrs. Jeff Joyer and was happy to see how they advertised. Mr. Reinert noted the audit form lfor 1982 had conducted themselves very will and felt this was the best audit report this Council has had. Mayor Benson had received a letter requiesting a Block Party on Red Maple Lane stating that all persons are agreeable and they would like to block off the street. Mr. Schumacher had discussed this with Chief Myhre. Mr. Reinert moved to approve this request. Seconded by Mr. Marier. Motion carried unanimously. Mayor Benson questioned the matter of the horse racing facility. Mr. Schumacher said this was just a follow up on his report. Mr. Marier moved to adjourn. Seconded by Mr. Kulaszewicz. Motion carried unanimously. These minutes were considered and approved at a regular Council meeting held on June 13, 1983. Edna L. Sarner, Clerk Public Hearing May 24, 1983 The continuation of th e Public Hearing on the Zoning Ordinance and Zoning Map was called to order at 7:00 P.M., May 24, 1983 by Mayor Benson with all Members of the Council present. Mr. Schumacher and Mr. Short were also present. Mayor Benson updated the actions of the City Council and members of various committees in order to put this ordinance and map together. Mayor Benson noted that each individual request had been reviewed by Council members and then had been discussed in a workshop meeting of the Council. Mayor Mau 24, 1983 47 Benson reminded the audience this is a beginning, not something that is set in concrete and changes will have to be made in these documents as the City changes. Mayor Benson asked Mr. Short to bring everyone up to date on these documents. Mr. Short noted there were approximately 20 persons with individual requests. He listed those individuals who had appeared before the Council and stated their requests for changes in the proposed zoning map. Mr. Short noted that he had discussed the zoning ordinance with the City Attorney and had received comments as to the publication requirements. Mr. Short presented those comments to the Council. There had been a recommendatron that there will be a definition for mobile homes as well as manufactured homes, since both terms are used in the ordinance. There was also a concern about metes and bounds conveyances. This is in Section 34 of the ordinance. Mr. Short pointed out this section was designed to discourage development of large tracts of land by metes and bounds rather than dealing with just a split of one parcel of land. Mr. Short presented some language for addition to the zoning ordinance. Mr. Marier suggested that the material received by the Council should be read and included in the Zoning Ordinance before the question and answer period. Mayor Benson asked Mr. Marier to read the material. Mr. Marier said each individual member should read this material himself. Mr. Marier moved to include in the Zoning Ordinance the changes as proposed by the City Attorney. These changes were to the following sections: Section 1005.4, Subd. 19 (page 26); Section 1005.4, Subd. 34; Section loo5.05, Subd. 3; Section 1005:05, Subd. 4; Section 1005.05, Subd. 5; Section 1005.05, Subd. 7; Section 1001.10. Seconded by Mr. Kul aszewicz. There was a comment from the floor on the Section on Site and Building Plan Review. Mr. Short and Mr. Schumacher discussed the reasons be- hind the requirements in this section. The motion carried unanimously. Mayor Benson asked for comments from the audience on Mr. Short's comments. A lady from MarDon Acres expressed her concerns on the land located North of 77th that was proposed for LI. Mr. Marier said the Council understood her problem and felt sure this would be discussed this evening. Mr. John Benson told the Council they had prepared 5 different site plans for the development of the lands along 62nd street. The delay in presenting the plan to the City has been due to the delays at Rice Creek Watershed District. He also noted thatthe lots are 1.5 acres to 2.5 acres in the plat. Mr. Forrest Tagg was interested in what is ahppening to the I35W corner. The land area was discussed. Mr. Tagg also noted that he owns 10 acres North of the Air Park which he wold like to develop. 48 May 24, 1983 Mr. Winicke of 444 Pine Street wants to purchase 18 acres that border Columbus Township and asked that it be zoned LI to be used for sand blasting and a paing shop. Mrs. Doris Spry of 7074 Lake Drive requested that the commercial zoning on their property remain. Mrs. Spry has a home occupation at that location at the present time. Mr. Reinert pointed out that the change in zoning does not mean that she must close her business, she would be grandfathered in and could continue. Mr. Lyle Carpenter repeated his request that his property retain its' LI zoning. Mr. LeR oy Wood, 7911 Lake Drive, said his property has been commercial and he has a chance to sell his property as commercial and wnates the commercial zoning to remain. Mr. Marier moved to close the public hearing. Seconded by Mr. Kulaszewicz. Motion carried unanimously. A ten minute recess was called at this point in the meeting. The meeting reconvened. Mayor Benson said the Council would like to deal with as many of the requests as possible. If the Council felt they needed more information, they will table and seek that information. Mr. Jim Spetzman - Transmission Shop - Mr. Reinert asked for some information from Mr. Short, also Mr. Short to present the Task Force recommendations. Mr. Short to point out the area on the map. Mr. Short presented the information on Mr. Spetzman's property, noting that it had been rezoned to LI for the specific purpose of a transmission repair shop. Mr. Joe Spetzman noted that his son had bought 3 acres and he had purchased an additional 5 acres for possible merger and expansion. It was pointed out that only the 3 acres had been rezoned to LI. Mr. Reinert asked Mr. Short waht specifically was requested? The shop os locatedzuon the 3 acres and this is the parcel under con- sideration. Mrs. Elsenpeter moved to continue the LI zoning on Mr. Jim Spetzman's property and change the zoning map accordingly due to the fact that the property was rezoned LI prior to the pre paration of this zonning map and zoning ordinance. Seconded by Mr. Kulaszewicz. Mr. Kulaszewicz noted that he had to agree with Mrs. Elsenpeter's comments on this. Mr. Schumacher noted that under the new Zoning Ordinance this business would fit under GB but Mrs. Elsenpeter disagreed. Motion carried unanimously. Mr. Forrest Tagg - SE corner of I35W and Lake Drive - operates a 49 May 24, 1983 sand blasting business at that location. Mr. Short noted the Task Force recommendation was to zone the entire area to GB. Mr. Tagg was asking for LI for the Easterly 10 acres that abutts the Regional Park. Mrs. Elsenpeter moved that due to the current use of the land that portion of the land be rezoned to LI. Seconded by Mr. Marier. Motion carried unanimously. Mr. Tagg's other concern deals with lands located adjacent to Carl Street. Mr. Short noted this seemed to be the most logical separation point - lands to the SoutHis platted - lands to the North is not. Mr. Short also noted that the sewer plans would have to be changed if this parcel is taken from the rural area and included in the ER area. Mr. Reinert asked if Mr. Tagg had any immediate plans for that area? Has he been to the P &Z? Mr. Tagg said, No, to both questions. Mr. Marier moved to deny the request to alter the zoning on that parcel of land and continue as R. Seconded by Mr. Reinert. Motion carried unanimously. Luther's Marine - this operation is considered GB - 290' East of Lake Drive would be included in this zoning. Mr. Duncanson is asking to include the lands around the residence and a lot to the East in this GB zoning. There is a street - Della Lane - platted between the pro- perties - there was discussion of vacating this street. It was pointed outthat the lot in question is under the high line and cannot be used for a residence. Mr. Kulaszewicz pointed out that Mr. Duncanson has been requested to clean up the area and keep the street -Lois Lane - clear of boats. He asked Mr. Duncanson if this would be done in a certain period of time - how long would it take? Mr. Duncanson said if eh could expand, this should solve the problem of boats on %the street and felt that he must get it done by this summer. Mr. Marier pointed out that the parking of the boats on Lois Lane is in violation of the City Ordinance and if a Fire Truck had to get through, it would be impossible. Mr. Marier noted to the Council. that if any decision is made on this request, ver strict restrictions will need to be imposed. Mr. Reinert felt this would give Mr. Dincanson an alternative. Mr. Reinert moved to approve the Task Force recommendation and include the lot in the GB zoning. Mr. Reinert felt the work on this should begin as soon as possible. Seconded by Mrs. Elsenpeter. Mr. Short asked about the street and Mr. Reinert moved to include in his motion that Della Lane would be vacated. Mr. Marier asked to amend the:,motion, that all boats be contained within the property and be completed by the end of August, 1983. Mr. Kulaszewicz seconded the amendment. 50 Public Hearing May 24, 1983 The amendment carried. Mr. Schumacher asked if the zoning as specified would create a gap of residential in the center of the GB zoneing? Mr. Duncanson said, No, he had requested that the entire parcel be zoned as GB. The Motion carried unanimously. Mr. Wesley Jensen - Mr. Short pointed out that Mr. Jensen owns lands just North of the '49 Club. The Task Force has recommended that the South half be GB, the North half ER. Mr. Jensen had requested that the entire parcel be zoned as GB. Mr. Reinert asked if this area is considered a 'node' and Mr. Short said, Yes. It is just a question of how big the node is. Mrs. Elsenpeter moved to include this entire parcel in the GB area. She felt that sewer can be available to that area. Seconded by Mr. Marier. Motion carried unanimously. MR. V.S. Petersen, 6800 block of Lake Drive - Mr. Short pointed out the subject property on the map noting that there is an earth sheltered dwelling on the lake at the present. Mr. Petersen is asking to retain the commercial zoning on the front part of the lot. After some discussion, Mr. Reinert moved to approve the recommendations of the Task Force on this property. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Molin Property - North of 77th Street proposed for LI. Mr. Short noted two residents of MarDon had spoke against this proposed zoning. Their property abutts this land. Mr. Short pointed out the land - contains approximately 20 acres. Mayor Benson asked about the landing strip at the Air Park - would this affect the use of this land? Mr. Short pointed out that a part of this land is in the approach area and there are specific recommendations for this area. LI zoning is consistent with the recommendations of the Safety Commission. Mayor Benson asked if this area could be designated as a storage area? Mrs. Elsenpeter asked of tgere us a zoning that would only allow the land to be used for storage? Mrs. Elsenpeter moved to continue the LI zoning as recommended by the Task Force. Seconded by Mr. Kulaszewicz. Motion carried with Mayor Benson voting, No. A recess was called. The meeting reconvened. Roland Ford - Tree Service on Hodgson Road - across the street from Mr. Jensen's property - Mr. Short noted there is LI and GI usage on the property that is corrently zoned commercial. The Task Force had recommended this area for ER. Public Hearing May 24, 1983 Mayor Benson said Mrs. Ford had contacted him and asked that their operation be allowed to continue as is. 51. Mrs. Elsenpeter moved to extend the zoning Node to include this property. Mr. Marier asked that a clean -up situation with a time frame be included in the motion. Mrs. Elsenptere said she would encourage this. Seconded by Mr. Reinert. Mr. Reinert felt that by putting this in the GB zone it would make this a non - conforming use. Mayor Benson suggested that Mr. Kluegel stop by and see what the intent is. Motion carried unanimously. Mr. Milt Jorgenson - on Lake Drive - has commercial zoning on approximately 2 acres - the remaining land has been recommended for ER. At the current time, Mr. Jorgenson has a machine shop and a tree farm. Mr. Jorgenson had requested this land be zoned as commercial. Mr. Jorgenson said there are two pipe line crossing the lot which makes this land impossible for residential development. Mr. Marier asked if they are discussing commercial of LI? Mr. Jorgenson said he had requested commercial. Mr. Marier moved to adopt the recommendations of the Task Force. Motion died for lack of a second. Mr. Reinert moved to allow the presente zoning of GB to continue in the 300'. Seconded by Mrs. Elsenpeter. Mr. Short pointed out that this is still a non - conforming use. Mr. Reinert said he was unaware this would be non - conforming. It would appear the only zoning that would be in conformance is LI. The motion failed on a 4 to 1 vote. Mr. Reinert moved to table this until more informantion is available. Mr. Marier felt this had been looked at and all members knew what was going on at that location. Mr. Reinert moved to zone 300 feet from the right -of -way to LI and the remainder of the property to ER. Seconded by Mr. Marier. Motion carried unanimously. John Benson - this concerns property located on 62nd street that had been presented to the P &Z for development. Mr. Marier moved to table this item. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Schumacher pointed out that if an item is tabled and no decision is make on that land, this zoning ordinance cannot be adopted this evening. Jeff Joyer - wants 00' of the frontage on Lake Drive to remain with the commnercial zoning. 52 Public Hearing May 24, 1983 Mr. Joyer explained the reasons for his request. Mrs. Elsenpeter moved that the 600' frontage and 600' in depth on the NW corner of the property be zoned to GB. She felt that the documentation presented justified this zoning. Seconded by Mr. Reinert. Mr. Marier questioned the frontage - 1345' - Mr. Marier moved to amend the motion to read 1345 feet frontage. Seconded by Mr. Kulaszewicz. Mr. Short recommended that the least amount of commercial zoning along Lake Drive would be more in conformance with the land use map in that it would eliminate the strip zoning. The amendment carried on a split vote. Upon discussing this matter, it was decided that this motion failed for the lack of a 4/5's vote. The original motion carried unanimously. Greg Coleman - this is to be presented tothe Council at a later time. Mr. Prokop also had presented some concerns of the zoning in the SE corner of the City - this area be considered as ER. Mr. Clerm Schmitz - corner of Lkae Drive and Hodgson Road - the Task Force had recommended the North half for GB and the South half as multi - dwellings. Mr. Schmitz asked for this land to remain R. Mr. Reinert questioned the entire parcel as R - he felt the corner too busy for residential property. was Mr. Kulaszewicz moved to approve the recommendations of the Task Force. Seconded by Mr. Reinert. Mr. Schmitz asked about the procedure to rezone the property which Mr. Short outlined for him. Motion carried unanimously. Jerry Blackbird - representing North North East Realty — with their concerns with three parcels of property on the West side of Lake Drive. the 44 acre parcel just South of Vicky - GB; Mr. Marier asked Mr. Short for his imput - Mr. Short noted the development surrounding this parcel. Mr. Kulaszewicz moved to approve the recommendations of the Task Force for the ER zoning. Seconded by Mr. Reinert. Motion carried with Mrs. Eslenpeter voting, No. The second parcel - SW corner of 79th and Lake Drive - asked that this remain commercial. Mr. Kulaszewicz moved to approve the recommendation of the Task Force. Seconded by Mr. Marier. Motion carried with Mrs. Elsenpeter voting, NO. The location of the warehouse was discussed - it was flet this should be LI. Mr. Reinert moved to zone this land to LI. Seconded by Mrs. Elsenpeter. Motion carried unanimously. 1 1 1 1 53 Public Hearing May 24, 1983 Arlo Morehouse - owns approximately 40 acres, West of Lake Drive off 79th Street - Mr. Morehouse had requested that he be allowed to develop his land in one acre lots rather than the 5 acre lots as proposed. There are one acre lots all around this property. Mr. Short pointed out there is no provisions in the Zoning Ordinance for one acre lots - the ER requires 5 acres and the next lowest size is + acre with sewer. Mr. Short explained the rationale behind these requirements. Mr. Reinert pointed out that even if there was a provision for one acres lots in this Ordinance, Mr. Morehouse would have to get rid of the horses on his land. Mrs. Elsenpeter moved to approve the recommendations of the Task Force to zone this as ER. Seconded by Mr. Reinert. Motion failed. Mrs. Elsenpeter and Mr. Reinert asked what is the alternative? There are no provisions in the ordinance for lots of less than 5 acres. Mr. Short pointed out this 5 acre requirement was a part of the Comprehensive Land Use Plan approved by the Metro Council and was part of their requirements. Mrs. Elsenpeter felt this should be left as is and if a lot is to be split, it could be considered on an individual basis. Mrs. Elsenpeter moved to approve the ER zoning with the understanding that if a hardship us shown, then the splitting of a one acre lot could be considered. Seconded by Mr. Reinert. Motion carried unanimously. Jerry DeMars - South of Bastain - Mr. Reinert moved to approve the recommendations of the Task Force. Seconded by Mr. Marier. Motion carried unanimously. John Doyle - Captain's Place - Mr. Reinert moved to approve the recommendations of the Task Force. Seconded by Mr. Kulaszewicz. Motion carried unanimously. John Tobish - 6192 Hodgson Road Mrs. Elsenpeter moved to approve the recommendations of the Task Force and zone this ER. Seconded by Mr. Marier. Motion carried unanimously. Carpenter's Automotive - has a LI zoning at he present time. Mr. Marier moved to zone this land as LI. Seconded by Mr. Elsenpeter. Motion carried unanimously. Bill Flannagan - this had been included in GB. Mr. Marier moved to continue the zoning as 7861 Lake Drive as ER. Seconded by Mr. Kulasewicz. Motion carried unanimously. 54 Public Hearing May 24, 1983 Dennis Weible - land is LI - wanted his land as ER. Mrs. Elsenpeter noted that the East side is ER and felt Mr. Weible should be allowed to maintain the ER zoning. Mrs. Elsenpeter so moved. Seconded by Mr. Marier. Motion carried unanimously. Jerry Winiecki - 442 Main Street - sandblasting /paint shop - con- cerned with property on the North end of Lake Drive. Mr. Reinert moved to approve the Task Force recommendations. Second- ed by Mr. Marier. Motion carried unanimously. Mrs. Spry - this had been handled previously. Mrs. Elsenpeter asked if this building could be sold for a craft shop? It could be sold but the shop could not be intensified. Mr. Marier moved to approve the Task Force recommendations with the possibility of expansion to be brought before the P &Z. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. LeRoy Wood - had property on Lake Drive - wants to retain his commercial zoning. Mr. Marier moved to approve the recommendations of the Task Force on this property. Seconded by Mr. Kulaszewicz. Motion carried with Mrs. Elsenpeter voting, No. This handled all properties with the exception of the request of Mr. John Benson. Mr. Marier moved to withdraw his motion to table this item. Mr. Kulaszewicz moved to withdraw his second. The motion carried unanimously. There was discussion as to the stage of planning this plat had reached and if there isa possibility this could be grandfathered. Mr. Marier moved to approve the recommendations of the Task Force and if there is evidence presented that this should be grandfathered in, that be considered when presented. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Reinert moved the adoption of the Zoning Ordinance and the District Zoning Map. Seconded by Mr. Marier. Motion carried unanimously. Mayor Benson felt this should have been done 10 years ago and he thanked the Task Force for a job well done. Mayor Benson also thanked the P &Z for their work on these documents. He also extended his appreciation tothe C ouncil members for their work that had been put in on this. Mr. Marier moved to adjourn. Seconded by Mr. Kulaszewicz. Aye. These minutes were considered and approved at a regular Council meeting held on June 13, 1983. Edna L. Sarner, Clerk . Benson,_ Mayor