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12-13-1993 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT SALK JUNIOR HIGH SCHOOL MONDAY, DECEMBER 13, 1993 Members Present: Mayor Duitsman, Councilmembers Dietz, Holmgren, and Farber Members Absent: Councilmember Scheel staff Present: Pat Klaers, City Administrator; Steven .Ach, City Planner; Terry Maurer, City Engineer; Peter Beck, City Attorney; Bill Rubin, Economic Development Coordinator; and Sandra Thackeray, City Clerk 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:00 p.m. by Mayor Duitsman. 2. Consider 12/13/93 City council Agenda ~ COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 12/13/93 CITY COUNCIL AGENDA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Public Hearing: Consider Increment Financing District Project) A Tax No. 12 Increment Financing (EDA Main street Plan for Tax Redevelopment Economic Development coordinator Bill Rubin explained that the request for Tax Increment Financing is for Tax Increment Financing District No. 12 and is being requested by Kurt Kjellberg/Kjellberg's carpet and Interiors. The amount of the tax increment requested is $235,000 which is an increase from the original request of $165,000. The increments will be used for site preparation costs and land costs. Bill Rubin indicated that there has been a request from the Developer's Agent to delay Council action on the proposal, but to hold the scheduled public hearing tonight. He further indicated that Staff was not in receipt of a completed application until late in the week. Mayor Duitsman opened the public hearing. Linda Frederickson indicated that she has not lost sight of her original proposal of a multi-level conference, dining and entertainment facility located at the site. She stated that this type of use would contribute to a more viable and healthy downtown. She further stated that she is prepared to begin a feasibility study for this type of plan but cannot do so because of the exclusive option that has been given to Kjellberg's. There being no further comments from the public, Mayor Duitsman closed the public hearing. . e e Elk River City Council Meeting December 13, 1993 Page 2 COUNCILMEMBER HOLMGREN MOVED TO DECEMBER 20, 1993. COUNCILMEMBER MOTION CARRIED 4-0. DELAY FARBER ON THIS MATTER UNTIL THE MOTION. THE ACTION SECONDED The City Council recessed at 7:08 p.m. and reconvened at 7:30 p.m. 4. Elk Park Center 4.1. City Staff reports on status of project and on traffic and drainage as directed by the City council on 11/15/93 4.2. PUBLIC HEARING: Receive information as presented permit and preliminary plat citizen input on revisions and new by the developer on the conditional use 4.3. Consider resolution of denial of the conditional use permit and preliminary plat for Elk Park Center City Planner Steven Ach reviewed the history of the Elk Park Center project to date beginning with the rezoning of the site in 1991 and ending with the Council worksession on November 22, 1993. The latest Council activity consisted of a workshop to review various traffic and drainage issues. Steven Ach indicated that on 11/15/93 the Council continued action on a resolution of denial for Elk Park Center until December 13. Since that time the developers have submitted revised plans in response to the concerns raised at previous meetings and public hearings. Steven Ach reviewed the revised plans submitted by the developers and the following changes: 1. Move First National Bank to Outlot 7 and increase the size of the lot to 1.2 acres. 2. Reduce the size of Outlot 6 to.8 acres and rename as "General Retail". 3. Add a 30 foot wide driveway north of Wal-Mart's future expansion connecting the primary parking area to Jackson Road. consequently, rev~s~ng Retail Building B and increase the length of parking area in front of Building B by extending it over utility easement. 4. Relocate approximately 3,000 square feet of retail to the east end of Building E. 5. Reduce the expansion area of Cub Foods to 18,000 square feet shift Cub Foods to the south as required to align the south of the expansion with the north edge of the utility easement. and edge 6. Add additional retail space to Building A compensating for the reduction of Cub Foods expansion. Elk River city Council Meeting December 13, 1993 Page 3 --------------------- e 7. Revise the plan of Outlots 1, 2, and 3 on the north end of the site to accommodate a family restaurant and two auto service tenants. Also removed driveway from Jackson Road to the former Taco Bell site. 8. Consolidate all of the storm drainage ponds into one large pond at the southwest corner of the project. 9. Relocate Wendy's restaurant to the east side of Freeport Avenue to the parcel that was originally an outlot for drainage and utility purposes and place Taco Bell in Wendy's former site. steven Ach stated that as a result of the proposed changes the total square footage of the project has been reduced from 375,000 square feet to 370,000. He further stated that the feasibility study prepared by the City Engineer addresses drainage and traffic issues. City Engineer Terry Maurer addressed the Council. He indicated that a complete feasibility study has not been done at this time. He stated that the complete feasibility study will include all internal improvements, including streets, sanitary sewer and water, and the cost and timing of the improvements. e Terry Maurer indicated that the partial feasibility includes the two major issues of drainage and traffic. Terry Maurer reviewed the drainage plan that was originally proposed and the amended plan as proposed most recently by the developers. The feasibility study indicates that it is possible to hold all of the storm water drainage on site as most recently proposed by the developers. Fencing of the pond was discussed. Terry Maurer recommended that a fence with a. 1 inch opening be used for safety purposes. Terry Maurer reviewed the traffic issues which included all of the major intersections relative to the project as discussed by both the Planning Commission and the City Council. The information reviewed by the City Engineer is included in the "Elk Park Center Feasibility Study" dated December 9, 1993. Bert Dahlberg, President of Kraus-Anderson stated that the project is moving in the right direction and that all of the traffic issues have been addressed in the feasibility study. Mike Schields of AKRW, architect for Elk Park Center, reviewed the amendments that have been proposed pertaining mainly to drainage and traffic. He indicated that the changes address the issues identified in the proposed resolution for denial. He further indicated that most of these issues were previously addressed by Terry Maurer. Mayor Duitsman opened the public hearing at this time. e Jim Tralle, 10825 208th Avenue NW, stated that he has been part of a mediation team consisting of himself, Jim Simpson and Jeff Gongoll. The purpose of the mediators was to look for areas in which compromise could be reached and to identify all major issues and areas of Elk River city Council Meeting December 13, 1993 Page 4 --------------------- e contention in the input received from project is a better Elk Park Center Project. He stated that due to the the citizens of Elk River, the Elk Park Center project than originally proposed. Jim Tralle stated that on a personal basis he believes the project will serve as a starting point that will add to the quality of life and to the tax base in Elk River. He urged the Council to approve the plan. Jim Church, 19318 Baldwin Avenue NW, indicated that he was part of the silent majority and felt that a majority of the residents were in favor of the project. He indicated he was shocked to see a small majority in the community that were going to be affected by the project, sway the City Council's decision. He indicated he was in favor of the project and felt it would be an asset to the community. Ray Doebler, 11822 190th Avenue NW, stated that he was in favor of the project. He indicated that Elk River needs the development. e Tom Barrett, Attorney for Citizens Who Care, 3300 Piper Jaffrey Tower, stated that the proposed amendments to the mall fails to address traffic issues and the impact on the schools. He questioned the cost of the proposed improvements and also who would pay for the improvements. He requested that the Council take no action on the CUP or preliminary plat until these issues are resolved. He stated that the Council still has power to veto the proposal as the conditional use permit language states that there be no adverse affects. He also requested that the Council take no action until Councilmember Scheel is present to vote on the matter. City Attorney Peter Beck stated that it has been staff recommendation that this project bear all public improvement costs associated with the development which would be implemented through the Developer's Agreement. Linda Palek, Zimmerman, MN, stated that her children River School District. She stated that she is interested base and the jobs the shopping center would provide. use the Elk in the tax Diane Rugger, 11063 208th Avenue NW, stated that there is a small group of people who are tying to control the future of the city. She stated that she takes offense to neighborhood meetings being held with the Council as she has not been asked to attend. She felt the real issue for many of the people in opposition is because the shopping center is "in my backyard". She stated that the Council should not have to go over every detail at each meeting as these details are normally approved after the conditional use is granted. She stated she is in favor of the project. e Clyde ostrander, Elk River Floral, indicated his business is in Elk River. He indicated that he is in favor of the project it will help the tax base and create jobs in Elk River. located because Dennis Gorman, 12095 kept coming back was Highland Road, stated that the reason the issue because the developer could not answer the Elk River city Council Meeting December 13, 1993 Page 5 e questions asked by the Planning Commission. He stated he was concerned for the safety of his children and the school children. Craig Robinson, 10123 213th Avenue NW, stated he is in favor of the project and indicated that the City needs the tax base and the jobs. Len Levine, 2000 Piper Jaffray Tower, stated that he recently gave up the position as the head of the Department of Transportation. He stated he was asked by the architect to review the project relative to traffic concerns. He indicated that the traffic concerns have been reviewed by MnDOT and he is confident that the improvements made to the plan will work. He also commended the community, staff and council on the process it has taken to get the project to this point. Duane Kropuenske, 12778 183rd Court, thanked the Mayor for delaying the vote and for studying the project further. that the City and the Chamber of Commerce have worked hard River a destination shopping place and to develop a tax stated that this project is needed to accomplish this. the Council to proceed with the project. and Council He stated to make Elk base. He He requested Bob Rugger, 11063 208th Avenue NW, stated that he is in favor of the project. e Murray McNair, 1227 Main Street, stated that the project does not involve any tax increment money. He stated that he is in favor of the project. Charlie Houle, 101 6th Street, introduced himself as the president of the Elk River Area Chamber of Commerce. He commended the citizens of Elk River for being present. He also congratulated the Citizens Who Care Group as they have made the project a better development. Mr. Houle requested the Council to approve the project. Lloyd Johnson, Director of discussed the site and traffic Foods store. Marketing for Super issues relating to Valu the (Cub Foods), proposed Cub Greg Johnson, 11880 Highland Road, questioned whether Elk River was incorporated and stated that an incorporated City must follow Roberts Rules of order which means that the changes being proposed should have went to the Planning Commission. Mr. Johnson requested the developers put up a bond to assure there would be no negative impact on the neighborhoods. He questioned whether Elk River would be the only city that has a major mall next to schools. He requested that the Council not act on the project tonight but send the changes back to the Planning Commission. e Carry Ryan, 19128 Carson, indicated she is a teacher at Lincoln school. She stated her concerns for the children from carbon monoxide and traffic. The City Council. Clerk entered The letters were into the record two letters submitted to the from Sandy Slocum and Dennis and Mary Elk River city Council Meeting December 13, 1993 Page 6 --------------------- e Becker. mall. Both letters requested the Council to vote in favor of the There being no further comments, Mayor Duitsman closed the public hearing. Peter Beck, city Attorney, stated that Elk River is incorporated but neither Roberts Rules of Order nor the City Code requires this issues to be sent back to the Planning Commission. The City Attorney advised the Council on options and procedures for acting on the request for both the Conditional Use Permit and the Preliminary Plat. Mayor In his Center support and the Duitsman read a prepared statement to the citizens of Elk River. statement he stated that he supports the development of Elk Park and believes that the majority of the citizens of Elk River also the development. He stated that the project would bring jobs needed tax base to Elk River. Councilmember Holmgren stated that the project was not denied due to a vocal group of citizens, but because it did not meet the standards of the conditional use permit. He stated he has studied the latest documents relating to traffic and drainage and feels both issues will be resolved. Councilmember Holmgren thanked the three people who acted as mediators for the project. He stated he would cast his vote to give the developer the chance to take the next step. e Councilmember John Dietz stated that he believes any problems with traffic and drainage can be worked out. He stated that the project will help the tax base. He indicated that he supported the project in the beginning and that he has not changed his mind. Councilmember Farber stated that the project is much better now as a result of the council's decision in October. COUNCILMEMBER HOLMGREN MOVED TO DIRECT STAFF TO PREPARE A RESOLUTION FOR APPROVAL OF THE CONDITIONAL USE PERMIT, SETTING FORTH THE GROUNDS FOR APPROVAL, AND ALL CONDITIONS OF APPROVAL, FOR CONSIDERATION BY THE CITY COUNCIL AT THE DECEMBER 20, 1993 COUNCIL MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER HOLMGREN MOVED TO DIRECT STAFF TO PREPARE A RESOLUTION FOR APPROVAL OF THE PRELIMINARY PLAT OF ELK PARK CENTER, SETTING FORTH THE CONDITIONS OF APPROVAL FOR CONSIDERATION BY THE CITY COUNCIL AT THE DECEMBER 20, 1993, CITY COUNCIL MEETING PROVIDED THAT THE PROPOSAL AS OUTLINED IS FORMALLY SUBMITTED AND RECEIVED AT CITY HALL IN A TIMELY MANNER. THE MOTION CARRIED 4-0. 10. Adjournment e There being no further ADJOURN THE MEETING. MOTION CARRIED 4-0. business, COUNCILMEMBER HOLMGREN MOVED COUNCILMEMBER FARBER SECONDED THE MOTION. TO THE e e e Elk River City Council Meeting December 13, 1993 Page 7 The meeting of the Elk River City Council adjourned at 10:00 p.m. Respectfully submitted, A A! "--A A ~A., ' 1 ,If') '1;/) .', 11 ~i/' ~ ---.-;, . U/-v-f/J 1/-+,' /.,. ,0- ) . (/ ( {{fI,- Sandra A. Thackeray 'j " City Clerk