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6.1. SR 11-15-1993 rei ~\j ( ); tfil ITEM 6.1. TO: River FROM: MAYOR AND CITY COUNCIL PATRICK KLAERS, CITY ~~~AT NOVEMBER 12, 1993 {:~ CONSIDER RESOLUTIONS OF DENIAL OF THE CONDITIONAL USE PERMIT AND PRELIMINARY PLAT FOR ELK PARK CENTER DATE: SUBJECT: Attached for your information is a statement from the Mayor, Hank Duitsman; correspondence from the Attorney for the developer; the resolution for denial; and three letters addressed to the Council. The Mayor's letter requests that action on this resolution be delayed until 12/13/93 when he can be in attendance. The information from the Attorney for the developers also requests that action on this resolution be delayed until 12/13/93. However, Kraus-Anderson is also requesting that the City Council consider holding a public hearing on 12/13/93 in order to review a revised proposal that addresses the issues identified in the resolution for denial. . The Resolution for Denial has been prepared by the City Attorney from the minutes of the 10/26/93 public hearing. Regardless of what other action the City Council takes, the Council should review this resolution to be sure that it is accurate and complete, and have the City Attorney make any corrections or additions before action is taken on the Resolution. The City Council has a number of options available to them at the 11/15/93 City Council meeting. One option is to adopt the Resolution for Denial as prepared, or as revised at the meeting. The second option is to table consideration of this Resolution to 12/13/93 per the request of the Mayor. A third option is to table consideration of this resolution to 12/13/93 and to schedule a public hearing on a revised proposal, as requested by the Developer for that date. If action on the Resolution is continued, the City Council should direct the City Attorney to make any corrections or additions to the Resolution before the 12/13/93 City Council meeting. . If the City Council decides to continue the matter for a public hearing on 12/13/93, there would be no need to take testimony at the 11/15/93 meeting. The Developer would be given an opportunity to present the revisions to the proposal on 12/13/93, and the public would be heard on those revisions at that time. If this is the decision of the City Council, staff would like some direction from the Council as to whether staff should work with the citizens, the developers, MnDOT representatives, etc., to address the issues identified in the Resolution for Denial. Staff will not get involved in this process unless directed by the City Council to do so. P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 A-( -\.( ( II fill River TO: MAYOR AND CITY COUNCIL FROM: SANDRA THACKERAY, CITY CLERK DATE: OCTOBER 29, 1993 SUBJECT: ELK PARK CENTER The resolution for denial of the conditional use permit and preliminary plat for Elk Park Center will be on the November 15 agenda. However, a copy of the request from the Mayor to postpone this agenda item to December 13 will be included with the agenda material for this issue. e e P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 rll ---'\) ( ~ Iril I, Henry A. Duitsman, Mayor of the City of Elk River, do respectfully request that the City Council postpone its vote on the resolution for denial of the Elk Park Center conditional use permit and preliminary plat from its scheduled date of November 15, 1993, to December 13, 1993. As the City Council is aware, I am out of town on November 15, 1993, but will be back for the special City Council meeting on December 13, 1993, which will follow the EDA meeting. I am requesting that this vote be postponed so that I may be in attendance and voice my opinion on the issue prior to the City Council vote on this resolution. . Mayor . P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 . . . DORSEY & WHITNEY A. PARTNEKSHIP INCLUDING PRoFESSIONAL COBPORATIONS 350 PARK AVENUE NEW YOU, NEW YOU 10022 (212) 415 - 9200 1330 CONNECTICUT AVENUE. N. W. WASHINGTON, D. C. 20036 (202)657-0700 3 GRACECHURCH STREET J,ONDON BC3V OAT, BNGJ.AND 44-71-929-3334 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402 -1498 ( 612) 340 - 2600 TELEX 29-0605 FAX (612)340-2868 36, RUE TRONCHET 711009 .PAIl1S, FRANCB 33-1-42-66-59-49 35 SQUARE DE MEEUS B-I040 BRUSSBLS, BEJ,OIUX 32-2-504-46-U LOREN R. DOOT (612) ~2657 November 9, 1993 Via Messenser Mr. Patrick Klears City Administrator City of Elk River 13065 Orono Parkway Elk River, Minnesota 55330 Re: Elk Park Shopping Center Project Dear Mr. Klears: NDV . 9 1993 201 FIRST AVENUE, S. w., smTE 340 BOCBllSTEll, MINNESOTA 559011 (507)266-3156 1200 FIRST INTEBS'U.TE CENTER BILLINGS, MONTANA 59103 (406)252-3600 507 DAVIDSON BUILDING GlUlAT FALLS, MONTANA 59401 (406) 727-3632 127 EAST FRONT STREET MISSOULA, MONTANA 598011 (406 ) 721-6025 601 GRAND, SUITE 3900 DEB MOINBS, IOWA 50309 (515) 283-1000 At the request of Elk River Associates, I enclose a letter specifically requesting changing of the final action on its proposed Conditional Use Permit and Preliminary Plat from November 15, 1993 to December 13, 1993. If you have any questions as to this request or if you need anything further, please let me know. If this request can be officially acted on prior to the meeting, I would appreciate it. I would also appreciate it if you could notify us when such action was taken. Very truly yours, /~ Loren R. Knott LRK/ml Enclosure . . . DORSEY & WHITNEY A PARTNERSHIP INcLUDING PROFESSIONAL CORPORA-TIONS 350 PARK AVENUE NEW )'OU. NEW YOU 10022 (212)415-9200 1330 CONNECTICUT AVENUE, N. W. W48BINGTON,D.C.20036 (202) 657-0700 3 GHACECHURCH STREET LONDON EC3V OAT, ENGLAND 44-71-929-3334 201 FIRST AVENUE, S. W., SillTE 340 ROCHESTER ,lIUNNESOTA 55902 (507)268-3156 1200 FIRST INTERSTATE CENTER BILLINGS. MONTANA 59103 (406)252-3600 220 SOUTH SIXTH STREET MINNEAPOUS, MINNESOTA 55402-1498 (612) 340-2600 TELEX 29-0605 FAX (612)340-2868 507 DAVIDSON BUILDING GREAT PALLS,MONTANA 59401 (406) 727-3632 127 EAST FRONT STREET MISSOULA. MONTANA 59802 (406) 721-6025 36, RUE TRONCBET 711009 P.AllIS, PRANCE 33-1-42-66-59-49 35 SQUARE DE MEEUS B-I040 BRUSSELS, BELGIUM 32-2-504-46-11 LOREN R. KNOTI' (612) 340-2657 November 9, 1993 601 GRAND. SUITE 3900 DES MOINES, IOWA 50309 (515) 263-1000 To the Honorable Mayor and Members of the City Council City of Elk River 13065 Orono Parkway Elk River, Minnesota 55330 Attn: City Administrator Re: Elk River Associates/Elk River Center Conditional Use Permit and Preliminary Plat Application Gentlemen: The undersigned, as attorney for Elk River Associates, applicant in the above-mentioned matter and Kraus-Anderson, Incorporated, who is also participating in the application, hereby requests that final consideration of its Conditional Use Permit and Preliminary Plat applications be delayed from the Council's November 15, 1993 meeting to the Council's December 13, 1993 meeting. The purpose of this request is to give the applicant more time to meet with the concerned citizens to address their concerns and to make some changes in the plan in response to citizens' concerns. If a public hearing is necessary for the Developer to present its changes and response to the proposed findings, then the undersigned requests the December 13th meeting be a public hearing. If you have any questions as to this matter, please let me know. Very truly yours, Ah -.....- //-- ~/ ~ Loren R. Knott LRK/ ml . . . IOV 12 1993 MEMORANDUM TO: LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Attorneys at Law 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 Telephone: (612) 835-3800 FAX: (612) 896-3333 Mayor Henry A. Duitsman and Members of the City Council FROM: DATE: Peter Beck, City Attorney November 9, 1993 Elk Park Center RE: Attached is a resolution making findings of fact regarding the Elk Park Center proposal and denying the conditional use permit and preliminary plat approval for Elk Park Center. This resolution has been prepared from the Minutes prepared by the City Clerk and my notes from the public hearing on October 26, 1993. If this resolution is inaccurate or incomplete, the City Council should revise and supplement it as necessary before adoption. For instance, my notes indicate that several Council Members indicated they had additional problems with the Project that were not expressed during the public hearing. Since all reasons for denial of the Conditional Use Permit and Preliminary Plat approval must be set forth in this resolution, any additional items like this should be added to the resolution before adoption. I will be at the Council meeting on November 15, 1993, to assist in making any revisions or additions to the resolution. In the meantime, please feel free to call me over the weekend (929-8877) if you have any questions or suggestions. . . . CITY OF ELK RIVER CITY COUNCIL RESOLUTION NO. 93 - A RESOLUTION MAKING FINDINGS OF FACT REGARDING THE ELK PARK CENTER PROPOSAL AND DENYING A CONDITIONAL USE PERMIT AND PRELIMINARY PLAT APPROVAL FOR ELK PARK CENTER WHEREAS, Elk River Associates, Ltd., together with Kraus Anderson Construction Company (the Developers) have applied for a Conditional Use Permit to develop a shopping center (the Project) on certain property located north of the School District property between Jackson Avenue and Highway 169 (the Property); and WHEREAS, the City Council, on September 31, 1991, and June 15, 1992, took action to rezone the Property to Planned Unit Development and designate the Property for Highway Business Uses on the City's Comprehensive Land Use map; and WHEREAS, pursuant to Sections 900.12(15) and 900.42 of the Elk River City Code of Ordinances, a Conditional Use Permit and preliminary plat approval must be obtained to develop the Property as proposed by Developers; and WHEREAS, an application for a Conditional Use Permit and Preliminary Plat approval was submitted to the City in July 1992; and WHEREAS, a public hearing was held on this application before the Elk River Planning Commission on August 25, 1992, at which time the Planning Commission heard a presentation on the Project, took testimony from all those present who asked to speak on the matter, and continued action on the application due to a lack of sufficient information; and WHEREAS, the Developers subsequently submitted additional information and a second public hearing was held before the Elk River Planning Commission on June 10, 1993, at which time the Planning Commission heard a presentation on the Project, took testimony from all those present who asked to speak on the matter, and the application was continued again for lack of sufficient information; and WHEREAS, the Developers subsequently revised the site plan for the Project and submitted additional information in support of the application for a Conditional Use Permit and preliminary plat approval; and . . . WHEREAS, the Elk River Planning Commission held a public hearing on the revised site plan on October 19, 1993, at which time the Planning Commission heard a presentation on the Project and received testimony from all those present who asked to speak on the matter; and WHEREAS, the Planning Commission, at its meeting on October 19, 1993, recommended approval of the Conditional Use Permit and Preliminary Plat subject to a number of conditions; and WHEREAS, the City Council held a public hearing on the application for a Conditional Use Permit and Preliminary Plat on October 26, 1993, at which time the City Council heard a presentation on the Project and took testimony from all those present who asked to speak on the matter; and WHEREAS, the City Council also received a number of written comments on the Project both before and at the public hearing held on October 26, 1993; and WHEREAS, the City Council has reviewed all of the materials submitted by the Developers, the staff and the public, and has considered the recommendation of the Planning Commission and the testimony received at the Public Hearing on October 26, 1993; and WHEREAS, the Zoning Ordinance of the City of Elk River provides that a Conditional Use Permit shall not be granted unless seven (7) specific criteria set forth in Section 900.42(4) of the Elk River City Code of Ordinances have been met; and WHEREAS, the materials and testimony received by the City Council on the Project have raised a number of questions and concerns among the City Council Members regarding the Project and the compliance of the Project as presented with the requirements of the City Zoning Ordinance for issuance of a Conditional Use Permit; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elk River finds that the Project, as proposed, does not meet the standards for issuance of a Conditional Use Permit set forth in Section 900.42(4) of the City's Zoning Ordinance, for the following reasons: A. Drainage. 1. The Plans as submitted do not make adequate provision for drainage of the Project site. No easement has been obtained or submitted which 2 . . B. . . would allow drainage of the Project as proposed, and no alternative drainage solution has been identified. Traffic. 1. Access from Hiqhway 169. The major entrance to the Project from Highway 169 has only right- in/right-out access. This restricted access at the major entrance to the Project from Highway 169 will adversely affect the existing intersections of Highway 169 with School Street and Jackson/193rd Avenue, as well as the School Street/Freeport and Jackson/Freeport intersections. The Developers have not adequately addressed the need for or the possibility of obtaining full access to the Project from Highway 169. 2. Highway 169/School Street Intersection. The Project will adversely affect traffic movement at the intersection of Highway 169 and School Street/Elk Hills Drive. The Developers have not adequately addressed how these impacts will be avoided or mitigated. 3 . School Street and Freeport Avenue Intersection. The Project will have an adverse impact on the intersection of School Street and Freeport Avenue. The Developers have not addressed how the adverse impact on this intersection and the flow of traffic between Highway 169 and Freeport on School Street will be managed. 4. School Street. from Highway 169 to Jackson. The Project will result in increased traffic levels on School Street between Highway 169 and Jackson Avenue. The plans presented by the Developer at the Council meeting on October 26, 1993 show medians in School Street which will restrict access to Burger King and to Parker School. The adverse impact of the proposed medians on those property owners has not been addressed by the Developers. 5. Jackson Avenue. The Developers have not adequately addressed the impacts of the Project on Jackson Avenue. Particular concerns include the proposed access off of Jackson into Taco Bell and the intersections of Jackson/Highland Road and Jackson/Freeport. 3 . . . . 6. Highland Road. The Developers have not adequately identified or addressed the impacts of increased traffic volumes on Highland Road. 7. Highway 10 Traffic. The Developers have not adequately addressed the impact of traffic travelling to and from the Project from Highway 10 west of Downtown Elk River, nor the impact of this traffic on Procter Avenue and School Street. C. Public Health and Safety. 1. Impact on schools. Increased traffic along School Street and Jackson Avenue in close proximity to the existing schools will adversely affect the schools and the safety of school children traveling to and from school and from the schools to Lions Park. The shopping center will also have an impact on the schools located immediately south of the Project. The Developers have not adequately addressed how these impacts will be mitigated nor how the Project will be buffered from these schools. 2. Air quality. Increased traffic along the School Street corridor will adversely affect the health and safety of children by creating higher levels of carbon monoxide around the schools. 3. Holding pond. The holding pond located between the Project and the Schools will be a danger to children playing in the school playgrounds and should, at a minimum, be fenced. 4. Neighboring property. The increased traffic congestion and activity which the Project will bring will detrimentally affect the use and enjoYment of other property in the immediate vicinity including properties located along School Street, Jackson Avenue and Highland Road. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Elk River, based upon the findings set forth above and all of the materials submitted to the Council on this matter, and the testimony received at the public hearing, does hereby: 1. Deny the application for a Conditional Use Permit for the Project as presented; and 4. . . . 2. Deny the application for Preliminary Plat Approval for the Project, for the reasons set forth above and for the additional reason that a Conditional Use Permit has not been approved for the Project. Passed and adopted by the City Council of the City of Elk River this 15th day of November, 1993. Henry A. Duitsman, Mayor ATTEST: Sandra A. Thackeray, City Clerk PKB:IN8s . . . . :J{.ovember 9, 1993 fJ'0: ,. 'Eft1<jver City Cound[ / . 11 d, b~ 1~~j rJ)e{rose fJ'iffesK;jor Q ~ 19263 JtUkdon 1l.Paa :J{.W (former focation) 9033 o/ikjng 'B{va. :J{.W (present wcation) 'Eft1Uver, MN.. 55330-8045 !from: 1{e: 'Eft parfcCenter 1. fuu[ a tefephone conversation witfi 1l.PEfe .9lmferson, a Citizens who Care featfer, tfiat 1. 'WOuft[ {i/@ to sfiare witfi you. 'On :J{.ovember 3, 1993, appro?(jmatefy 6:40 p,m., we receivea a phone caf{ from 1l.PEfe .9lmferson: J{e as~a me if 1. !(yew fiim anti 1. mistaf(gnfy thougfit of Steve !R.PfiEj anti saUf, "rJ)on't you 'WOrfcfor tfie city?" J{e saUf, "ry"es". 1. saUf, ''5'ltuf at tfie pfanning commission meeting anti tfie fast city cound{ meeting you sat up in front witfi tfie city?" 5'lnti fie saUf, "ry" es". Later 1. fearnea fie was sitting up in front, not witfi tfie city, out witfi tfie Citizens who Care group. J{e asfcerf me some questions tfiat 1. reatfify answerea, wanting to 'WOrfc '[vitti tlie city. 1f I~ wouf([ liave irIentiftea /iimsefJ as a karler of Ci~u;ens who Care 1.wouf([ not fiave even ta1l@a witfi fiim. 1. 'm gUuf 1. aUf, to fiear tfie propaganrfa tfiis group is spreaaing to tfze peopfe in our community. J{e toft( me tfie rfevefoper is not oeing compfetefy fionest a60ut tfie arainage, traffic, anti otfier areas. J{e saU fie rfoubtea if tfiey 'WOuftf ever sue tfie city anti if tfiey aU tfiey 'WOuftfn't stanti a cfiance of winning. 1. couftfn't oefieve tfiese 'WOrtfs were coming from tfie city! rrfiey weren't! 1. unrferstanti fMi/@ ![07( (sp.), witfi Citizens who Care caika o/irginia J{inz, after fier fetter to tfie eaitor was in tfie Stilr ~ws anti as~a fier af{ sorts of questions anti toft( fier intUcurtUies afso. rrfiey fiave a very tUtive campaign, fceeping a wt of peopfe stirrerf up witfi untrue statements. Last summer tfiey put ffyers in maiJ6ol(!.S after tfie mau fuu[ oeen rfefivererf for tfie riay aavertising tfieir meetings. Later tfiey cfaimerf tfiey aU not f@o'w tfiis was a ferferaf offense. rrfiat's a fittfe fiara to oefieve! rrfiey are a fanaticaf group, out to rfestroy our town for tfieir own sefJisfi gain anti not tfiinfcing of wfiat is gooa for tfie entire community. We've ta1l@a witfi a wt of peopfe saying tfiis maf{ is wfiat 'Eft1Uver neetfs, out tfiey are sitting otUfc anti not oeing vocal Peopfe fiave saUf, "wfiat gooa rfoes it rfo to write city councu wfien t'WO members on tfie councu rfon't want it in tfieir otU/(yara anti are not tfiinfcing of tfie oetterment of our town." rrfianfcyou for reaaing tfiis fetter anti wor/(ing fiara to get 'Eftparfc Center to oe a great retail shopping maf{ for our rapUfy growing area. . . . ,NOV _- 8 1993 November 5, 1993 1/tJ/:OFiI/,t ~"'ION To: Elk River City Council From: Rebecca Young 112 Baldwin Ave. Elk River, MN 55330 Re: Elk Park Center I am a single parent, working full time struggling to make ends meet. I try to stretch my dollars in the best way I know how. To shop at Cub and WalMart at their present locations is not always advanteous to me because of time and gas spent. So I would be very happy to have these stores, plus many other retail businesses in my own home town. My understanding is that the land zoned commercial east of Highway 169 is waiting for Elk Park Center to be built to hook up with city sewer and water. The new mall has been in the making 2 1/2 years. How long will Cub and WalMart wait for us before they decide to find another location in another town? It looks like some questions will not be able to be answered until a feasibility study has been done. The developer has already spent one million dollars, the bank mega bucks, and the landowners on Jackson left in limbo. The developer is willing to work with you to get everything worked out as the study progresses. Kraus/Anderson has stated they will walk away from the project, if they are required to spend another $200,000,000 on a feasibility study, without some guarantee from city to approve it first. I own a mobile home in Earl Hohlen's trailer park. I hope no one thinks this land could be developed without opposition and obstacles in its path. The traffic at times is unsurmountable now, with a lot of people turning right when wanting to go left to get into town and then going around to avoid accidents and waiting. I'm wondering what kind of traffic this site would create with a shopping center! It's also a question about the large ravine and wetlands on his property. My mobile home is old and it could not be moved without major damage and expense. How much hardship will this bring to me and many others when trailers have to be moved? If questions cannot be answered and worked through until the feasibility study is done, maybe this has to be the city's expense. It's time to get on with the show! Thank you for your cooperation in this matter. 4<~cJ cr:r . IIV~ O~ ~~1Z 01\1 November 5, 1993 Mayor Hank Duitsman City of Elk River 13065 Orono Parkway Elk River, MN 55330 Dear Mayor Duitsman: Enclosed is a position statement adopted by the Elk River Area Chamber of Commerce Board of Directors at their November 2, 1993 meeting. . The Chamber Board has directed a copy of this statement to all City Council members, City staff and the Elk River Star News. We ask for your further 'consideration as you review the resolution for denial of the conditional use permit for the Elk Park Center PUD. Sincerely, ~~ ~~e F. Schuelein Executive Vice President . 729 Main Street · Elk River, Minnesota 55330-1595 · (612) 441-3110 "Building a Better Community Together" . . . It is extremely unfortunate and disappointing that the City Council did not approve the conditional use permit and feasibility study for the Elk Park Center. Based on the Planning Commission1s conditional recommendation for approval and staff's continuing review, the City1s standards for development seemed to have been met. Estimated taxes of $755,000 per year generated by this development have a significant impact on community and school district needs. opportunities created by the various businesses would mean more residents could find employment in Elk River. would Job When other cities are agressively seeking and subsidizing commercial development, having the City Council reject a project of this magnitude doesn't give Elk River an image of being pro-active or open to working toward economic development. It is our hope the Council would reconsider their decision and work through the feasibility study to address the traffic issues stated as reasons for denying the conditional use permit. - Charlie Houle, president Elk River Area Chamber of Commerce (Approved by the Elk River Area Chamber of Commerce Board of Directors 11/2/93 ) 729 Main Street · Elk River, Minnesota 55330-1595 · (612) 441-3110 "Building a Better Community Together"