4.1. SR 03-31-1997ITEM 4.1.
'ity of
E
iver
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Steve Ach, City Planner~,~.
March 24, 1997
Discuss Development within the
Urban Service District Prior to
the Availability of City Sewer and
Water
Isstle
Review City Ordinance regarding development within the urban service area
prior to city water and sewer being available.
Overview
Recently staff has been contacted by John Weicht who is the contractor
working with Precision Frame and Alignment and Deano's Collision
Specialists, Inc. to evaluate the opportunities to construct a second free-
standing building on their parcel along East Highway 10. The property is
located directly behind the Bridgeman's facility along 173rd Avenue. The
property owner's request is to construct a 5,525 square foot free-standing
steel frame and steel sided building to operate an automobile repair business.
The city's current ordinance does not provide for development within the
urban service boundary prior to hooking up to city water and sewer. This
issue was discussed at length on February 19, 1996 during a joint meeting
between the Planning Commission and City Council. The specific issue at
that time was raised by Denny Chuba who wanted to construct an office
building near the city's western limits. The property proposed to be
developed was within the urban service boundary but, once again, did not
have city services available for immediate hookup.
The Planning Commission and City Council reviewed a request by Denny
Chuba to amend the section of the ordinance prohibiting development within
the urban service district prior to hooking up to water and sewer. Both the
Planning Commission and City Council denied this ordinance amendment.
Please refer to the attached minutes from the Planning Commission and City
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to the Mayor and City Council
March 24, 1997
Council meeting, as well as the Planning Commission and Council's
discussion regarding the ordinance amendment.
Page 2
Purpose of Ordinance
The current ordinance, in many respects is the "backbone" to the city's
growth management policy. It is a tool to assist the city in guiding its
development pattern within the urban service area. This "managed" growth
pattern is typically an outward movement from the core city, following logical
extensions of utilities, roads, etc.
Until water and sewer is ultimately available to east Highway 10 or any area
within the urban service boundary currently without city utilities, I envision
three possible requests being made for development.
The first would be to develop vacant land by constructing a new building
prior to the city water and sewer being available. It is both the city
attorney and staffs interpretation of the ordinance this request would not
be allowed until sewer and water is available for hookup.
The second type of request may involve the expansion or addition of an
existing business. Expansions to existing businesses pose a slightly
different situation. The property owner has already made some financial
investment in something other than just the land. Therefore, there
appears to be some latitude in allowing expansions to occur of existing
businesses, even though water and sewer is not ready for hookup. As long
as the expansions conform with the city's long range plans and do not
prevent any future frontage road, utility extensions or other future
planning efforts from occurring, expansions appear to be a reasonable
request.
In addition, as a condition for approval to make an expansion to an
existing building, the Council may want the property owner to sign an
agreement waiving their rights to appeal future assessments. This
agreement could also incorporate language whereby the property owner
acknowledges sewer and water is imminent.
The last situation may be similar to the request by Precision Frame and
Alignment which is to construct a free-standing building on an existing
developed lot.
f:XshrdocXcouncilXurbanser.doc
Memo to the Mayor and City Council
March 24, 1997
Conclusion
Page 3
In summary, staff has brought this issue back to the Council at the request of
the property owner. This is an important issue for the City Council to
discuss. Not only is this a fundamental tool in managing the city's
development pattern but also important in terms of making sure
development doesn't occur prior to the appropriate infrastructure being in
place. Furthermore, I am certain there will be other requests to develop prior
to sewer and water being made available; therefore, it would be appropriate
to have a defined policy on "what kind" and "how much" development will
occur during this interim period until sewer and water is ultimately made
available.
Attachments
· Letter from Precision Frame & Alignment, Inc. and Deano's Collision
Specialists, Inc.
· Memo to Planning Commission and City Council dated February 19, 1996
· Minutes from City Council meeting dated June 17, 1996
f:\shrdocXcouncilXurbanser.doc
March 7, 1997
To: The Members of the Elk River City Council
Dear Council Members;
On March 6 we were informed of a moratorium on new construction in our area. We are
currently in the process of planning and design of a new addition to our property that is located at
11061 173rd Avenue NW (behind Bridgeman's). This addition is planned as a permanent, free
standing, steel frame, steel building which will match the appearance of the existing structure.
The addition will add 5525 square feet of work space and will be positioned on the property in
the same approximate area as the planned second building in the original Cody Square design of
1987.
This building is being designed to allow immediate city sewer and water hookup when it
becomes available. The existing fresh water well is adequate and will be used as a water source
until that time. The plan also calls for two holding tanks for gray water and two tanks for waste
water and sewage. These tanks will be pumped as needed. When City sewer service is available,
the two waste water/sewage collection tanks will be cleaned and converted to gray water
collection tanks. In addition, hookup for overhead fire suppression sprinklers will be installed to
accommodate immediate fire truck hookup and future city water hookup.
This planned addition to the property is essential for the success of our respective businesses.
Both businesses are active in the Elk River Chamber of Commerce and we support several
community and youth activities. The inability for us to expand and build our new addition this
Summer will severely limit the success of both businesses and the 12 families that are supported
by employees of either Deano's or Precision Frame.
As active members of the Elk River business community, we respectfully request an exception to
the moratorium be granted for us to move ahead with our building plans for this Summer.
Respectfully,
:rd~/a'¢o~mtsc'~n, P resident
Precision Frame & Alignment, Inc.
Thomas Wistrom, President
Deano's Collision Specialists, Inc.
Cheryl Wistrom, Vice President
Deano's Collision Specialists, Inc.
CITY OF ELK RIVER
REGULAR MEETING OF THF
CITY COUNCIL
AGENDA
Monday, February 19, 1996
Elk River City Hall- TraininF Room
ITEM NUMBER
1. CALL MEETING TO ORDER AT 5 P.M.
JOINT MEETING WITH PLANNING COMMISSION
TO DISCUSS GENERAL CITY LAND USE
DEVELOPMENT AND ZONING ISSUES WITHIN THE
URBAN SERVICE DISTRICT
o
DISCUSSION ON CAPITAL IMPROVEMENT
PROGRAM
OTHER BUSINESS
ADJOURNMENT
ACTION
TAKEN
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I servides :are a'lso available UP0~:a 72 ih°ur:adV~nceii n0tice! Pleas~ ;~8l/tac~ th~iiCi~.clerk at :441~7420
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SPECLiL MEETING OF THE ELK RI~rER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, FEBRUARY 19, 1996
MembeJ~ Present:
Members Absent:
Staff Present:
Mayor Duifsman, Councilmembers Dietz, Scheel, Farber, and
Holmgren
None
Pat Klaers, City Administrator;, Terry Maurer, City Engineer;, Steve
Aah, City Planner, Peter Beck, City Attorney; Lori Johnson, Assistant
City Administrator
Call Meetinq To Order
Pursuant to due call and notice thereof, the special meeting of the Elk River City
Council was called to order at 5 p.m. by Mayor Duitsman.
It was the consensus of the City Council that the agenda was acceptable as
presented.
J_oint Meetinq with the Plannin,q Commission
The following members of the Planning Commission were present: Chair Tom
Dillon, Commissioners Kuester, Sullivan-Slocum, Thompson, Minton, and Anderson
ICommissioner Tacheny was out of town on vacation). Also present were the
following Chamber of Commerce Representatives: President Dennis Chuba,
Lynn Caswell, and Charlie Houle.
The City Administrator distributed an article from the August, 1988 Public
Mana.a, ement magazine entitled Ways to Selectively Influence Growth. It was
suggested that the most relevant information in this article reviews the following
methods or techniques for managing growth: the extension of municipal utilities,
the availability of land, and the zoning ordinance/map. It was also noted that,
from the tone of this adicle, it appears that the City of Decatur, Georgia has had
problems in the past with developers.
The City Planner reviewed his memo on growth management and specifically
discussed residential and commercial/industrial development in the urban
district of the city prior to municipal utilities being available.
The Planning Commission Chair stated that the Planning Commission had
discussed this topic in a worksession. It was the consensus of the Planning
Commission that, in the residential zone prior to utilities, the development
guideline should be a 10 acre minimum. It was noted that the Planning
Commission considered overlay plats and a 2-1/2 acre development pattern,
but rejected this approach based on the belief that if this residential
development pattern took place then utilities would never be extended into
that area or beyond.
Special Cit.;' Council Meeting
February 19, 1996
Page 2
Chamber of Commerce President Dennis Chuba distributed a handout entitled
Development in Areas Imprisoned by Urban Service Area Boundaries. It was
noted that the Chamber suggestions do not apply strongly to residential uses,
but do apply strongly to opportunities for commercial/industrial uses in the
urban district prior to utilities being available.
Discussion of the four Chamber suggestions related to commercial/industrial
(C/I) uses took place...the City Engineer indicated that it could be possible to
measure the flow of septic discharge from facilities, but that there would be a
concern about potential reuses of a building...the City Attorney stated that it is
very difficult for something to be legally binding whereby a property owner
would sign off to pay future assessments and also noted the future political issue
of allowing a rural development pattern and then municipal sewer an'd water
(with assessments] coming into the area at a later date...the Mayor indicated
that many good industrial uses need sewer and water and that the city is out of
industrial land that has municipal utilities...a number of Planning Commission
members supported the concept of allowing C/I development only if the city
could get a commitment that sewer and water assessments will be paid in the
future...Councilmember Holmgren indicated his support for maintaining a ten
acre minimum in the residential areas before utilities become available and
indicated his support for keeping non-urban development out of the urban
district until utilities become available in order to protect the integrity of the
future urban district along Highway 10...Councilmember Farber concurred in his
support for the ten acre minimum in the residential zone, but indicated he would
be willing to look at non-urban uses in the C/I zone on a case-by-case bases...it
was noted that the current city policy is a pro-growth, aggressive plan that
reserves and protects land for future urban growth opportunities...
Councilmember Dietz indicated that he could see both sides of the issue and
indicated his concern about whether or not sewer and water utilities could be
afforded by land owners if rural development takes place in the urban
distdat...the Mayor concurred with Councilmember Dietz and indicated that if a
great deal of rural C/I development takes place along Highway 10, then the city
may never get municipal utilities into this area. Furthermore, he hopes to have a
public headng in May on the extension of municipal utilities to this corridor.
The Mayor summarized the discussion by indicating that no final conclusions
have been made at this time. There currently is a formal request that will go to
the Planning Commission and then to the City Council regarding the city's
policy for development in the urban district prior to municipal utilities being
available.
On a different topic, the Mayor summarized his recent conversations with Rich
Duggan whereby Mr. Duggan would like to expand his Marketech business to a
larger facility. The goal of Mr. Duggan is to purchase land for the construction of
a facility, but Mr. Duggan is having problems locating industrially zoned land.
One site discussed was south of Highway 10 in the verv eastern part of the city
off of a service road. This property is currently zoned I~ighway business and has
a few different types of existing businesses. The Planning Commission indicated
';ty of
'ver
FROM:
DATE:
MEMORANDUM
Mayor & City Council
Planning Commission
Steven B. Ach, City rlanner~~
February 19, 1996
SUBJECT: Growth Management
Introduction
With the recent adoption of the Comprehensive Plan, which included an
expanded urban service area, the city needs to revisit and assess its current
growth management policies and ordinance requirements to make sure these
policies and ordinances will implement the adopted Comprehensive Plan.
The City of Elk River's 1988 and recently adopted 1995 Comprehensive Plan
endorsed a basic growth management strategy to develop from the central
core outward in an orderly manner.
This approach is the typical development pattern any city or region will
adopt to achieve managed growth. Simply put, as utilities, streets, and other
infrastructure is extended by either a city initiated project or developer
driven, development occurs accordingly. From a pubhc pohcy standpoint,
this development pattern utilizes strong planning principles, prudent fiscal
management, and minimizes early investment in additional public services.
What does the ordinance say today regarding controlling commercial
and industrial development?
The current zoning ordinance states that "All commercial and industrial
development within the urban service area must hook up to city water and
sewer". However, prior to expanding the urban service area down East
Highway 10, this requirement only affected vacant commercial and industrial
(Business Park) zoned property along West Highway 10, industrial property
along Proctor Avenue (north of public works facihty), and some commercial
property along Highway 169 (Hillside Estates, Earl Hohlen). However, now
that the urban service area has been expanded down East Highway 10,
several vacant commercial and industrial properties are subject to this
ordinance.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to City Council and Planning Commission
February 19. 1996
Page 2
What ordinances are in place controlling the growth of residential
.development?
The intent of the ordinance for all property zoned residential within the
urban service area is to have these areas developed as urban sized lots
(10,000-14,000 square feet). What is not clearly stated in the ordinance is the
minimum lot size if a property owner wanted to subdivide residential
property prior to city water and sewer. As staff has stated in the past, under
these conditions, the minimum lot size should be kept as large as possible (10
acres) to provide for the efficient extension of utihties at a later date.
The second problem that currently exists is that the newly expanded urban
service area between County Road 12/13 is zoned Rla. This zoning
designation allows a minimum lot size of 2-1/2 acres. Assuming this area
will ultimately be developed with city water and sewer, the zoning and/or
minimum lot size will have to be increased for the reasons stated above.
In no way are these proposed increases in the minimum lot size suggesting
that no one can subdivide their property. This merely is an attempt to
manage the subdivision of land and preserve the opportunities for either the
city or landowner (developer) to extend utihties in an efficient manner.
.Why not allow commercial and industrial development to occur prior
.t,o having city water and sewer available?
First of all, it is important to highlight the size and geographic area of the
urban service boundary. If commercial and industrial development had no
boundaries, there would be no management to this growth pattern.
Development could occur in a scattered/random pattern throughout the entire
urban service district. Secondly, it should be made clear that commercial and
industrial development can occur without city water and sewer. This has
happened along east Highway 10 for years. It is also happening along
Highway 101 between Rogers and Elk River as well as though the City of
Ramsey. However, this type of development can be different than what may
be found in a sewer and water area. If development without water and sewer
was to occur, several questions would need to be asked:
· How difficult will it be for the city or landowners to extend utilities
at a later date given the existing business that may be in place?
· Why would property owners near the edge of the urban service
district have any interest in developing with city water and sewer?
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Memo to City Council and Planning Commission
February 19, 1996 Page 3
· ~rhat happens to commercial and industrial property values if
development was to occur throughout the entire urban service
district?
· Are there any long term affects upon the integrity of the entire
commercial and industrial base?
· ~rhat is the impact to the tax base if industrial development cannot
happen until city water and sewer is available?
· What are the costs to the city and development community to
redevelop underutilized properties when; and fi, water and sewer is
extended?
· Will development without water and sewer compromise long range
planning and transportation needs since these developments may
be perceived as temporary and located outside of the urban core?
· Without water and sewer, will available land be more attractive to
less intense commercial and industrial uses?
· Why would a property owner (developer) request water and sewer if
their development could be constructed without water and sewer?
· Will public safety (i.e. fire and pohce) be compromised by having
buildings built with provisions for future sprinkhng or other public
safety needs when water and sewer finally "gets there"?
· What happens to the existing inventory of commercial and
industrial if development is allowed to continuously extend out
away from the core?
These are just a few of many questions related to this subject.
Unfortunately, the answers are difficult and certainly contain two points of
view. These questions should be explored to fully understand the dynamics
of this issue.
How can commercial and industrial property be utilized prior to
water and sewer being available?
One option to consider is allow interim uses without water and sewer as a
conditional use permit in either the commercial or industrial district. State
Statutes allow cities to issue conditional use permits for interim uses under
certain guidelines. These guidelines may include issuing a permit for a
temporary use for a limited number of years upon which it would expire.
Certainly, attaching a sunset date to uses could present a problem if these
uses are expiring prior to the property having access to water and sewer.
Although the interim use or temporary use seems like a reasonable approach,
there are some pitfalls. The first question that always comes up is "what is
temporary"? Temporary may have several different meanings depending
upon whom you're talking with. For example, I learned the other day that
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Memo to City Council and Planning Commission
Februa~, 19, 1996 Page 4
School District has had temporary buildings out in front of their high school
for the past 15 years. I've also heard "temporary" discussed as one or two
years; so the point is, it is very difficult to define temporary and even more
difficult to come up with a finite list of uses that could be considered as
temporary. Therefore, from an administration standpoint, the whole concept
of temporary becomes very subjective and difficult to interpret, as well as
enforce.
The most common method used by cities to identify allowable uses prior to
city water and sewer is to allow uses commonly found in a low density
residential or agricultural zoning district. These cities will have properties
that are presently not served with city water and sewer, zoned as a holding
district or, in Elk River's case, Rla or A-1. This method of establishing a
zoning designation, along with a specific list of allowable uses, clearly
identifies how property, whether it be residential, commercial or industrial,
can be used prior to city water and sewer.
The difficulty Elk River has is that a majority of the property is currently
zoned for its ultimate use. Therefore, trying to implement the system
described above may be very dif~cult given our current situation. The option
Elk River may wish to pursue is amending the zoning ordinance to identify
certain uses such as those found in the A-1 or Rla zoning district, that can be
used on properties zoned commercial and industrial that do not have city
water and sewer.
Can there be a compromise to allow development prior to water and
sewer?
Compromise on this particular issue goes beyond having a property owner or
developer waive their rights to future assessments and guaranteeing hook up
to utilities when available. These arrangements are well intended when
executed, however, for some reason, be it time, change of property owners, or
whatever, inevitably the City Council is confronted with an emotional and
difficult issue. It is at this point that all previous bets are off and reahty
takes over. At this point, property owners and City Council are sitting across
the table from one another discussing the actual costs and hardships that
may result.
Summary
Growth management is a proven method throughout the country that cities
have adopted in order to reduce public costs, managed traffic, preserve
farmland, protect against environmental problems, and simply maintain a
quahty of life for the community. Although gu'owth management is viewed as
s:\council\gmp.doc
Memo to City Council and Planning Commission
Februa~, 19, 1996 Page 5
a sound public policy, it may also burden property owners along the way.
This issue is very important to the residents of Elk River, development
community, and affected property owners. Therefore, an open discussion and
exchange of information is a good platform to begin formulating decisions to
achieve the goals for the entire City of Elk River.
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s:\council\§mp.doc
Ways to Selectively
Influence Growth
G. Curli~ ~Brat~come
The concept of "se}ective growth" sug-
gests that you can fine tune a local
economy. I disagree. My thesis is that
the local economy is like the national econ-
omy and is not susceptible to fine tuning.
You can do some things to heat up the eton-
om); but you cannot predetermine how "hot"
it is going to become. You can do some
things to oool down the economy, but you
cannot predetermine how cold it is going to
get.
Playing the growth/no-growth game is like
playing Russian roulette. You never knew
when you are going to shoot yourself in the ·
head. Growth takes on a life of its own, and
developers often do not recognize when the
cycle is over. Overbuilding results, and you
end up with the Denver experience of this de-
cade-millions of square feet of "see
through" office buildings. Conversely, if a
community has the reputation of being a no-
growth area and then changes its mind, the
courting of the development community is a
long and hard process.
The growth/no-growth choice is a political
one, and either choice requires political sup-
port if it is to be maintained. Political support
for either position may change significantly
based on the economy.
~]~A local government that cares to
influence what haffens in its community
still has a powerful tool to use in its zoning
pourers. I~
Local governments may be able to influ-
ence growth, but they cannot control growth.
It cannot be turned on and off like a spigot.
Regional and national economies have tre-
mendous influence on what happens in local
development--probably more influence than
local government policies have.
G. Curtis Branscomc is city manager of Decatur. Georgia.
Another valid generalization is that growth
and development do not reduce the local tax
burden. Obviously, putting a large General
Motors plant in a small city makes a differ-
ence. In general, however, densely developed
communities have significant tax burdens.
More services may be generated, and they
may be more sophisticated services than be-
fore local growth, but you usually do not find
lower taxes.
The city of Decatur tries to use an eco-
nomic development program to selectively in-
fluence growth in the city. The program's six
elements include available land, adequate in-
frastructure, attractive business and develop-
ment environment, skilled labor supply, re-
duction of front-end costs and risks, and-
provision of capital at reasonable cost.
Available Land
It is fairly obvious that if you want growth
and development to occur, you have to have
land available for it. This may appear to be
an uncontrollable element. You either have
land or you do not. It is difficult to create
new land and hard to make it disappear.
There are ways to control the availability
of land. The adoption and enforcement of
flood plain ordinances reduce available land
in the flood plains. The acquisition of land for
parks and open space reduces the land avail-
able for development. A few years ago, there
was discussion of residential development of a
fairly steep hillside above a flood plain, devel-
opment that the city determined was not de-
sirable. Fortunately, the city was able to buy
the property at a reasonable price and desig-
nate it as open space. Purchase of land is the
ultimate in land use control, but it usually is
too expensive an option for a local govern-
ment.
The best way that local government has to
influence the availability of land is through
zoning. Decatur's selective growth strategy is
based on a firm commitment to the preserva-
tion of its residential neighborhoods and a
6 PM August 1988
limitation on the land zoned for commercial
or office use. A~ a matter of. land use policy,
office zoning is limited to the area inside the
Commerce Drive loop around the downtown
section.
At the entrances to Decatur from unincor.
porated DeKalb County on major thorough-
fares like Clairemont Avenue or Scott Boule-
vard, development changes from strip
commercial to residential. In what can be
seen as a modern planning and zoning mir-
acle, the Scott/Clairemont intersection, with
about 25,000 cars per day traveling on both
streets, does not have a single gas station. As
a defensive measure, about 20 years ago gas
stations were removed from the zoning code
as a permitted use in any zoning district.in
Decatur.
,~dso about 20 years ago, the city commis-
sion decided that some older residential areas
with small single-family houses that were not
being well maintained should be encouraged
to redevelop as high-density single-family
houses--as townhomes or cluster housing.
Large tracts of these single-family houses
were rezoned, and land was made available
for this type of development. Many of those
:~ areas have come back strong as single-family
neighborhoods, and in the pa.st five years the
high-density single-family zoning has been re-
moved from three major neighborhoods.
Work now being done on the future land use
plan is focusing on how much more of this
high-density zoning should be reversed.
Church Street in Decatur was recently
widened to improve access from the interstate
system to downtown Decatur. Before the wid-
ening, this street was primarily residential.
Pressure is now predictably on for strip com-
mercial zoning along this four-lane thorough-
fare. Thc first rczoning application has been
.successfully denied, and thc city commission
is pledged to maintaining the residential char-
actor of this street.
A local government that cares to influence
what happens in its community still has a
powerful tool to usc in its zoning powers.
Doom and gloom planners and thc lawyers
for developers will try. to convince you that
thc courts have stripped local governments of
any real authority in this area. What thc
courts have really donc is to pin us down so
that wc cannot be arbitrary and capricious. If
",c do our homework, do our research, and
~-epare our cases to demonstrate the reasons
_j,~'or our decisions, we still can use zoning pow-
ers effectively.
· '~unother important factor affecting the
availability of' land is the development of' in-
frastructure. Development is encouraged by
the availability of good roads and adequate
water and sewer service and, conversely, is
discouraged by the lack of these items. These
are powerful tools to decide what land gets
developed, and local government policy can
dete,'Tnine how they are used.
Adequate Infrastructure
Anyone who reads in the newspapers about
water shortages and sewer tap moratoriums is
familiar with the importance of these utilities.
The primary tool used in the selective growth
strategy in Decatur has been developing or
not developing transportation facilities. The
Commerce Drive loop around downtown De-
catur, completed in 1973, has caused most
major development in the past 10 years to fo-
cus on this street. Tying this into the inter-
state system with the Church Street widening
should give more impetus to this area where
. development is seen as being desirable.
On the other hand, Decatur has vigorously
fought the construction of another east-west
thoroughfare through the city for 25 years.
Such a thoroughfare parallel to the railroad
corridor along the southern edge of downtown
would open up the southern part of the down-
town area to significant redevelopment. The
powers that be will never support such a
project, however, until they are convinced
that its impact on residential neighborhoods
really would be minimal.
Attractive Development and
Business Environment
Everyone, including hard-nosed developers,
wants to be wanted. A key to business reten-
tion is to let existing businesses know how
much they are appreciated. A key to attract-
ing development is to let developers know
they are welcome.
One problem is that there is a lot of money
to be made in development and it is often lo-
cal government decisions that determine just
how much profit is made. Developers tend to
be politically active and contribute to politi-
cal campaigns. They usually have their pro-
gram together and have the resources and ac-
cess to sell it. Selective development calls for
finding the fine line between making develop-
ers feel welcome and letting them do what
they please. In my experience, most develop-
ers feel welcome only if they are allowed to
do what they please.
Recent newspaper articles have focused on
problems caused by builders' pits in Gwinnett
County and northern Fulton County. Builders
in these areas have been allowed to bury or-
ganic material from the construction site on
the site of the develovment. This ma~eri~l i~
Playing the
gro vth / no-
growth game is
Iike playing
Russian
roulette.
not compacted, and it will dec=),. After a few
>'ears, if the resident is lucky, a gaping hole
appears in his front yard. If he is unlucky, it
shows up under som~- pan of the foundation.
Why should a developer be allowed to cut his
cost and pa.~ that cost off to some unsuspect-
ing homeowner or to the local government?
Decatur ordinances do not allow builders'
pit& One developer this past year decided he
would do it anyway. City officials told him to
quit. He kept doing it. The3' took him to
court. The .judge fined him ~;1,000 and told
him the next time he was in court he would
be going to jail. City officials told him to
clean up the mess or they would take him
back to court. He cleaned up the mess.
Developers are welcome in Decatur, but
the3' must play by the rules, Some developers
who do not like to play by the rules do not
feel welcome in Decatur.
Skilled Labor Supply
While the availability of skilled labor is im-
portant for economic growth, this area is not
subject to manipulation to influence growth
strategies in the Atlanta metropolitan area.
The region's skilled and highly mobile work
force can get to where the opportunities are.
Financial Inducements
Reduc!ng front, end costs and risks and pro-
riding capital at reasonable cost are areas of
interest in Decatur. We have used these ~
part of the selective growth strategy in tcrma
of low-interest loans to encourage rehabiliha.
tion projects the city was interested in and to
get a development commitment for a new
downtown hotel that is an extremely high pri-
ority for the city.
Conclusion
I am not advocating a growth or a no-growth
or a selective growth policy; I am advocating
a rational growth polic3: To have a rational
growth policy, you need to c]eafly articulate
your goals and your vision for the future.
What happens is too important to be left up
to the developers. Managers must be careful
that current development is not building in
costs that communities are going to be paying
for the next 30 years. While I do not believe
that we can fine tune control over the local
economy, I have discussed some tools that
can be used to influence what happens in our
communities.
Them may well be a conflict between mak.
lng the maximum possible profit and doing
those things that provide for a good quality of
life for our communities in the future. We
are building the future of our communities.
The developers will be looking after the prof-
its. Who is going to be looking after the
future? PM
_JOB RESOURCE
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The ICMA Newsletter is published biweekly, and
each issue contains job' openings for administrators,
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local government.
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tact Kathy Karas, Editor, ICMA Newsletter, 1120
G Street, N.W., Suite 300, Washington, D.C.
20005, 202/626-4624.
For subscription information, call 202/626-4620.
8 PM August 1988
TO:
FROM:
SUBJECT:
ELK RIVER CITY COUNCIL/PLANrNING COMMISSION WORKSHOP
CHAMBER OF COMMERCE DEVELOPMENT COMMITTEE
DEVELOPMENT IN AREAS IMPRISONED BY URBAN SERVICE AREA
BOUNDARIES
SUGGESTIONS:
Commercial/Industrial Uses
1. Allow low-impact development with lot size determined by sewage flow and usable
acreage of lot. Consideration should be given to the type of effluent discharged as
well as the quantity.
2. Minimum one acre sites.
3. Two drainfield sites required - the areas to be determined by flow calculations.
4. Future assessment rights waived with deed covenants or another method so the
waiver is binding to seller and buyer.
Residential Uses
1. Minimum 5 acre parcels with re-development plan.
2. Two drainfield sites.
3. Future assessment rights waived with deed covenants or another method so the
waiver is binding to seller and buyer.
4. Possible PUD and a cluster development to facilitate future re-subdivision.
Note: Under current ordinance, NAPA, Saxon Motors, Furniture & Things Warehouse,
and building occupied by Custom Cutter Grinding could not be built.
Elk River City Council Meeting Page 2
June 17, 1996
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.13. City of Elk River Request for Ordinance Amendment Relatind to the Sale of
Vehicles on Public and Private Property, Public Hearinq, Case No. aA 96-7
Zoning Assistant Kendra Lindahl reviewed the staff report on the city's request for
an ordinance amendment to address the sale of vehicles on public and private
property. She stated that the city receives numerous complaints regarding
vehicles for sale that are parked in the public right-of-way or in front yards. She
indicated that this leads to traffic problems, erosion, and other safety issues.
Kendra Lindahl stated that the proposed ordinance amendment is an effective
way to deal with these problems. She indicated that the Planning Commission,
recommended approval of the proposed ordinance amendment.
Mayor Duifsman opened the public hearing. There being no one for or against
the matter, Mayor Duitsman closed the public hearing.
It was the consensus of the Council to postpone a decision on this matter until a
full Council is present.
COUNCILMEMBER HOLMGREN MOVED TO POSTPONE THIS ISSUE TO THE JULY 8,
1996, CITY COUNCIL MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION.
THE MOTION CARRIED 4-0.
6.15. City of Elk River Request for Ordinance Amendment Relatinq to Development
Prior to Water and Sewer
City Planner Steve Ach indicated that the City of Elk River has initiated an
ordinance amendment which would allow commercial and industrial
development within the city's urban service district prior to the availability and
hooking up to city sewer and water. He explained that this ordinance
amendment is being initiated in response to a request from LeFebvre Trucking
and Morrell Trucking to relocate their businesses along the east Highway 10
corridor at 171st Avenue. Steve Ach explained that this location is within the
urban service district which does not allow development to occur prior to the
availability of sewer and water. The City Planner further explained that
adoption of this ordinance would open all land within the urban service area to
development, which would be in direct conflict with the city's growth
management guidelines. The City Planner suggested that the City Council
consider other options to accommodate the needs of the trucking operations,
other than an ordinance amendment. He suggested the possibility of a
planned unit development designation for the area.
The Council discussed the issue and felt it would be best for staff to research
other options.
Mayor Duitsman opened the public hearing. There being no one for or against
the matter, Mayor Duitsman closed the public hearing.
COUNCILMEMBER DIETZ MOVED TO DENY THE REQUEST FOR AN ORDINANCE
AMENDMENT TO AMEND THE ZONING ORDINANCE ALLOWING DEVELOPMENT OF
COMMERCIAL AND INDUSTRIAL PROPERTY WITHIN THE URBAN SERVICE DISTRICT
Elk River City Council Meeting
June 17, 1996
PRIOR TO HOOKING UP TO CITY SEWER AND WATER.
S~ECONDED THE MOTION. THE MOTION CARRIED 4-0.
5.6.
5.7.
Page 3
COUNCILMEMBER HO~
Public Hearinq: Tax Increment Financinq Plan for Tax Increment Financinq District
No. 15 (McChesney Cabinets
Consider Private Development Contract for Tax Increment Financinq District No.
15 between the City/EDA and McChesney Cabinets
Assistant City Administrator Lori Johnson explained that TIF District No. 15 relates to
McChesney Cabinets and involves pay-as-you-go assistance in the amount of
$35,000. She stated that it is required that the City Council hold a public hearing
on the Tax Increment Financing District. Lori Johnson reviewed the Contract for
Private Development and stated that the City Council is asked to approve this
Contract.
Mayor Duitsman opened the public hearing. There being no one for or against
the matter, Mayor Duitsman closed the public hearing.
COUNClLMEMBER DIETZ MOVED TO ADOPT RESOLUTION 96-34, A RESOLUTION FOR
THE CITY OF ELK RIVER RELATING TO THE ESTABLISHMENT OF TAX INCREMENT
FINANCING DISTRICT NO. 15 AND THE ADOPTION AND APPROVAL OF THE TAX
INCREMENT FINANCING PLAN RELATED THERETO LOCATED WITHIN DEVELOPMENT
DISTRICT NO. 1 RELATING TO MCCHESNEY CABINETS. COUNClLMEMBER HOLMGREN
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
COUNClLMEMBER HOLMGREN MOVED TO APPROVE THE CONTRACT FOR PRIVATE
DEVELOPMENT BY AND BETWEEN THE CITY OF ELK RIVER,iTHE ECONOMIC
DEVELOPMENT AUTHORITY FOR THE CITY OF ELK RIVER, AND GERALD AND JOANNE
MCCHESNEY. COUNClLMEMBER SCHEEL SECONDED THE MOTION." THE MOTION
CARRIED 4-0.
5.8. Discuss Historic Downtown Sians
Zoning Assistant Kendra Lindahl stated that the Rivers Edge Group has contacted
the city regarding the installation of four major highway signs which state "Historic
Downtown". She indicated that these signs would be placed below the
population signs on the outskirts of the city. She further indicated that the Rivers
Edge Group is requesting the city to fund the signs. Kendra Lindahl stated that
the EDA reviewed this issue and recommended that the city not be responsible
for these signs and felt it would be more beneficial for the signs to be located
near the downtown area.
Kendra Lindahl further indicated that the Rivers Edge Group is proposing to put a
wooden sign in the downtown square and have requested the City Council to
waive the permit fee for this sign.
COUNCILMEMBER SCHEEL MOVED TO WAIVE THE PERMIT FEE FOR THE HISTORIC
DOWNTOWN SIGN TO BE PLACED IN JACKSON SQUARE. COUNClLMEMBER
HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.