3.2 ---fir
Item # 3.2•
Ji.tyof
MEMORANDUM
lk
River
TO: Planning Commission
FROM: Michele McPherso ,''Director of Planning
DATE: October 8, 1999
SUBJECT: Approve Revised License Agreement with Elk
River Country Club
Request
At its September 20, 1999 meeting, the City Council voted to return the easement exchange
proposal to the Park and Recreation and Planning Commissions for further review. Of concern,
as expressed by Commissioner Dave Anderson, was the lack of permanence of the license
agreement being given by the Country Club.
Attachment
• Revised License Agreement
• Analysis
Representatives from the Country Club and Park and Recreation Commission met on October
6, 1999 to discuss the options for creating a permanent easement on the Golf Course property.
The purpose of the permanent easement would be to provide a connection for skiing between
Woodland Trails Park and Ridgewood other than the railroad trail. The Golf Course wanted to
preserve its ability to develop uses other than a golf course.
The solution agreed to would create a permanent 66 foot wide easement parallel to the westerly
right of way line of the railroad trail at the time any or all of the license was terminated for
development purposes. In effect, at the time of development, a permanent easement would be
granted over that portion of the property where the license was terminated (refer to pages two
and three of the attached agreement). The easement would be granted adjacent to the railroad
right of way.
As there was a quorum of the Commission present, they approved the above solution
unanimously.
Recommendation
Staff recommends that the Planning Commission recommend approval of the revised license
agreement to the City Council.
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612) 441-7420 • Fax: (612) 441-7425
•
LICENSE AGREEMENT
THIS LICENSE AGREEMENT is entered into this day of October, 1999, by and
among the ELK RIVER COUNTRY CLUB ("Licensor") and the CITY OF ELK RIVER
("Licensee").
WHEREAS, the Licensor is the fee owner of certain real estate, which it uses as a golf
course, located in Sherburne County, Minnesota, and legally described on Exhibit A attached
• hereto and made a part hereof(the "Property"); and
WHEREAS, Licensee owns and uses for public park purposes, including cross country
skiing trails and activities, certain real estate which is located adjacent to the Property; and
WHEREAS, Licensor has historically allowed Licensee and the public to use the
Property for cross country skiing purposes; and
WHEREAS, Licensee has requested that Licensor grant a formal License to use the
Property for cross country skiing activities, and Licensor has agreed to grant said License upon
the terms and conditions set forth herein.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Grant of License. Licensor hereby grants to Licensee a license (the "License") to
utilize cross country ski trails located on the Property during the months of November through
• April. This License is granted to Licensee, but is for the benefit of any member of the public
who desires to use the cross country ski trails located on the Property, and any member of the
1111 public shall have the right to do so under this License and pursuant to the terms and conditions of
this License.
2. Term of License. The license granted herein shall commence on the date of this
Agreement, shall be permanent and irrevocable, and shall inure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns, and shall run with the land.
3. Location of Trails. The ski trails on the Property shall remain in their existing
location, unless alternative locations are agreed on by Licensor and Licensee.
4. Payment. In consideration for the granting of the License, Licensor shall receive
$1.00 and other good and valuable consideration, including other property interests, the
sufficiency of which is hereby acknowledged.
III5. Indemnification. Licensor shall not be liable to Licensee, invitees and guests for
any damage to person or property arising out of Licensee's use of the Property pursuant to this
Agreement. Licensee shall release, indemnify, hold harmless and defend Licensor from and
against any and all claims or causes of action for personal injury or for any loss of life or
property damage arising as a result of Licensee's use of the Property.
6. Assignability. This License may not be assigned or transferred by Licensee
without the written consent and permission of the Licensor or its successors in interest. This
License may be assigned or transferred by the Licensor without the consent of the Licensee.
7. Termination. This Agreement may be terminated only by mutual agreement of
the Licensee and Licensor. The license granted by this Agreement shall terminate as to any
portion of the Property which ceases to be used by the Licensor as a golf course upon transfer of
IIIthat portion of the Property to a third party for non-golf course purposes. At the termination of
- 2 -
any or all of the license agreement, the Licensor shall grant the licensee a sixty-six foot
III
permanent, irrevocable easement located along and parallel to the easterly property line over
that portion of the property over which the license has been terminated. The easement shall be
for year-round recreational purposes.
8. Notices. Any notices to be given under this Agreement shall be given in writing
by depositing the same in the U. S. Mails,postage paid, addressed to the parties at the following
address:
If to Elk River Country Club: [address]
If to the City of Elk River: 13065 Orono Parkway
Elk River, MN 55330
Attn: City Administrator
IN WITNESS,the parties hereto have executed this Agreement as of the day and year
• first above written.
LICENSOR
ELK RIVER COUNTRY CLUB
By
LICENSEE
CITY OF ELK RIVER
By
Its Mayor
By
Its City Clerk
II
- 3 -
• STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
1999 by , on behalf of
the Elk River Country Club.
Notary Public
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
1999, by Stephanie A. Klinzing and Sandy A. Peine,the Mayor and City Clerk, respectively, of the
City of Elk River, a municipal corporation under the laws of Minnesota, on behalf of the
corporation.
• Notary Public
THIS INSTRUMENT DRAFTED BY:
Gray, Plant, Mooty, Mooty & Bennett(PKB)
3400 City Center
33 South Sixth Street
Minneapolis, MN 55402
ill
- 4 -
• Exhibit A
for License Agreement
The South 283.71 feet of the Southeast Quarter of the Northeast Quarter and the North 126.29 feet of the
Northeast Quarter of the Southeast Quarter and the East 885.00 feet of the Southeast Quarter, Section 20
and the Southwest Quarter of the Southwest Quarter, Section 21, all lying west of the Westerly line of
the former right-of-way of the Burlington Northern Railroad Company, all in Township 33, Range 26,
Sherburne County, Minnesota.
III
III
MEMORANDUM
•ity of
Elk River TO: Planning Commission
FROM: Scott Harlicker, Senior Planner.
DATE: October 12, 1999
SUBJECT: Development Standards for
Elk River Crossing
Attached is a copy of a letter from Tony Gleekel in response to the proposed
development standards for Elk River Crossing. Please review and be
prepared to discuss the issues outlined in his letter.
•
•
S:\PLANNING\SCOTT\ercross.doc
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612)441-7420 • Fax: (612) 441-7425
OCT- 7-99 THU 16: 19 SIEGEL, BRILL FAX NO. 612 339 6691 P. 02
LAW OFFICES
• SIEGEL. BRILL. GREUPNER, DUFFY & FOSTER, P.A.
!SOC WASHINGTON SOUARE
JOSIAH C. BRILL, J . ICO WASHINGTON AVENUE SOUTH JORDAN M, LEWIS
JAMES R. GREUPNER MINNEAPOLIS, MINNESOTA 55401 tiR1AN E. wEIseERG
GERALD S. DUFFY MICHELLE R. KLEGON
WOOD R. FOSTER, JR. TELEIDHONE 181_1 339.7131 JAMES A. YAROSH
THOMAS H. GOODMAN STEVEN WEINTRAUT
JOHN 5, WATSON FACSIMILE 18131 339.85x1 TROT J. SEIBERT
wM. CHRISTOPHER PENWELL
SUSAN M. Writer's Address: !�
ter' E-Mail AddTon•Gleekel SHGDF•com
ANTHONY J.. GLEEKEL LE
JOEL H. JENSEN OF COUNSEL
SHERRI L, ROHLF RICHARD SIEGEL
October 7, 1999
Ms. Michele McPherson VIA FACSIMILE - 612 441-7425
Director of Planning
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
Re: Associated Investors of Elk River, Inc.—Elk River Project
• Comments to Proposed Development Standards
Our File No. 19,293-D-002
Dear Michele:
I understand from your voicemail that there is quorum for Tuesday's Planning Commission work
session. I will be attending the work session to discuss, among other things, the Development
Standards initially adopted by the Planning Commission at its last meeting.
I reviewed the Development Standards you forwarded to me following our meeting of September
30, 1999, with Cathy Anderson, an architect at Korsunsky Krank Erickson Architects, Inc.
(KKE), the consulting architect on the Project.
As I stated on behalf of my client at the Planning Commission and City Council meetings
attended throughout this process, it is my client's intention that the Development be
architecturally pleasing, and that each proposal be reviewed on its own merits. The proposed
Development Standards are far more detailed and pervasive than the development standards for
Elk Park Center. The Elk Park Center standards include only general statements on architectural
character, landscaping and lighting. While we are prepared to comply with development
standards which include the proposed categories, my client requests some reasonable revisions.
The proposed revisions set forth herein are in no way an attempt to produce mediocre
development, but instead are an opportunity to clarify, simplify and provide options with respect
• to the goals of the Development Standards.
OCT- 7-99 THU 16:20 S I EGEL, BRILL FAX NO. 612 339 6591 P. 03
October 7, 1999
• Page 2
On behalf of my client, I request that the City staff, Planning Commission and City Council
consider the following revisions to the Development Standards:
1. Facades and Exterior Walls. The second paragraph in the first section, should be
revised with respect to the recesses, off-sets or singular forms in buildings over 100 feet
in length. There are several ways to break up a lengthy facade. We suggest "pilasters"
be inserted after "off-sets" in the second sentence, and that the third sentence requiring at
least a 3% depth be omitted. In place of the 3% requirement, options could be given
including, without limitation, use of brick, landscaping and lighting elements, which also
serve to soften prominent effects along long facades.
2. Lighting.
• In the first paragraph, omit the reference to "general site lighting" and replace it
with "lighting other than parking lots."
• The general parking lot lighting should be no higher than 35 feet.
3. Loading Areas, Trash Collection and Outdoor Storage.
• Because of the temporary seasonal nature, permanent structures are not
• appropriate where temporary solutions would make better utilization of the site.
Accordingly, the third paragraph should be revised to not require permanent
solution, but call for temporary solutions.
• The last sentence regarding the size of ground floor area of outdoor sales and
display should be omitted.
4. Canopies. Incorporating architectural character on the building to blend with the
shopping center is desirable, however, the canopy's presence should be minimized, and
architectural features such as the brick in the columns should be incorporated. ,Large
massing and roofing forms are a negative on most gas/convenience canopies that have
tried this.
5. Development Signs.
• Limiting the number of tenants to two (2) may not be reasonable and also
encourages massive, bulky sign areas. Multiple tenants with smaller signs, but
within the 225 square feet, are appropriate.
• There should be flexibility with respect to the sign materials (as with the
buildings), and therefore, there should be options with respect to the construction
of the signs in the same fashion as the buildings (e.g., brick, native stone, tinted,
• textured, integrally colored concrete masonry units or stucco).
OCT- 7-99 THU 16:21 SIEGEL, BRILL FAX NO 612 339 6591 P. 04
October 7, 1999
• Page 3
6. Entry Signs.
• Two entry signs should be not at Main Street, but one at the 181' Avenue and
Crossing Avenue intersection, and one at the Tyler Street and Crossing Avenue
intersection.
■ My comments regarding the materials used in the signs with respect to the
development signs are applicable to the entry signs as well.
• I request that the entry signs cart identify up to four(4) tenants.
7. Monument Signs for Freestanding Sites.
■ As stated in my initial comments, flexibility should be given to compromise
between the proposed standards and the standards of the potential user. Explicit
percentages and location of signage should be replaced by general parameters,
thus giving the City discretion regarding the signs, but not explicitly limiting the
location and size, which may be detrimental to the entire shopping center.
• 24 feet high may be more proportional to the buildings.
• . Again, there should be the same options with respect to the development and
entry signs regarding the façade of the monument signs as for the free standing
sites.
8. Wall Signs Retail Building North Side of Home Improvement Store.
■ At this point in time, while the site plan identifies a potential user, the final use of
that site is undetermined. Notwithstanding that:
• Capital letters of 36 inches, and not 32 inches, is standard.
• The location of the signs should not be limited to centered over the
entrance door, but should be located within the tenant space area.
9. Major Tenant Signage.
• It should be clarified that limitations should be increased from 300 square feet to
400 square feet.
• The signs that make up the other square footage should be clarified.
1111
OCT- 7-99 THU 16:21 SIEGEL, BRILL FAX NO, 612 339 6591 P. 05
October 7, 1999
Page 4
•
I may have more comments at the Planning Commission meeting. I would appreciate it if you
could call me to generally discuss these matters and include this letter in the packet for the
Planning Commission's work session on October 12, 1999.
I look forward to talking to you.
Very truly yours,
•
Anthony . Gleekel
AJG4
cc: Peter Beck, Esq. (via fax)
Greg Frank, McCombs Frank Roos Associates
Cathy Anderson, KKE
Russ McGinty, Grub & Ellis
Mathias Fischer
•
10
•ity of
ElkRiver MEMORANDUM
TO: Planning Commission
FROM: Michele McPherson, Director of Planning
DATE: October 22, 1999
SUBJECT: Cancellation of October 26, 1999 Meeting
The October 26, 1999 meeting has been cancelled due to the following:
1. The applicant has requested that the preliminary plat request for Windsor
Park be tabled to the November 23, 1999 meeting. He requested additional
time to prepare revised drawings based on staff comment of the plat.
2. Staff has determined that the rezoning request for Dirk and Jayne Barrett is
unnecessary, as the City did not rezone the property from Al to 11.
A presentation by the Northstar Corridor consultant has been tentatively scheduled for
• the workshop meeting of November 9, 1999. More information will follow.
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fax: (612)441-7425