4.1. SR 12-13-1993
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TO:
MAYOR & CITY COUNCIL
FROM:
PAT KLAERS, CITY ADMINISTRATOR
DATE: DECEMBER 10, 1993
SUBJECT: ELK PARK CENTER
At the October 26, 1993, City Council meeting, direction was
received from the Council to prepare a Resolution of Denial for
the Elk Park Center conditional use permit and preliminary plat.
At the November 15, 1993, City Council meeting, the City
Council approved motions to: (1) Delay consideration of the
Resolution for Denial until 12/13/93; (2) Have staff work with
the developers to try to resolve the concerns listed in the
Resolution for Denial and to hold a public hearing on 12/13/93
to allow citizens to express their opinions on any revisions or
new information that is presented by the developers on the
conditional use permit and preliminary plat; (3) Have the City
Engineer complete a feasibility study on the Elk Park Center
issues mainly traffic and drainage issues - that can be
presented at the 12/13/93 City Council meeting.
At this 12/13/93 City Council meeting, the order of business
calls for the City Planner to present some overview information
to the public on how the City has gotten to this point and also
to present information on the revised proposal as submitted by
the developer. Following this information, the City Engineer
will present his report on the traffic and drainage issues
related to this proposal. Once staff has completed its
presentation, it is appropriate for the developer to review how
they are proposing to address the issues identified in the
Resolution for Denial. The next step in the process is for the
City Council to conduct the public hearing on the Elk Park
Center revisions. After the public hearing, staff will attempt
to answer questions from the City Council and the Council may
also have questions for the developers. After this discussion,
the City Attorney will provide some information to the Council
on their options for action on this development proposal.
Per direction from the City Council on 10/26/93 and on
11/15/93, attached for your consideration is the Resolution for
Denial of the Elk Park Center conditional use permit and
preliminary plat as prepared by the City Attorney.
P.O. Box 490 . 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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rlk River
TO:
FROM:
MAYOR AND CITY COUNCIL
STEVEN B. ACH, CITY PLANNER~~
DATE: DECEMBER 13, 1993
SUBJECT: REVIEW REVISIONS TO DEVELOPMENT
PLANS FOR ELK PARK CENTER
BACKGROUND
Consideration for development of the Elk Park Center site
originally began in August, 1991. During the later part of
1991 and early 1992, the Planning Commission and City Council
took appropriate action to rezone and amend the Comprehensive
Land Use Map for the 50 acre site to Planned Unit Development
(PUD) and Highway Business (HB), respectively.
RECENT ACTIONS
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October 19, 1993: The Planning Commission held public
hearing to review the conditional use permit and
preliminary plat application for Elk Park Center. The
Commission recommended approval of both the conditional
use permit and preliminary plat with certain conditions
(refer to attached minutes).
October 26, 1993: City Council considered the need for
an Environmental Impact Statement (EIS), conditional use
permit, and preliminary plat for Elk Park Center.
Following adoption of Resolution No. 93-71 declaring the
preparation of an EIS is not necessary, the City Council
moved to direct staff to prepare a resolution of denial of
conditional use permit and preliminary plat (refer to
attached minutes).
November 15, 1993: City Council continued action on a
resolution of denial for Elk Park Center until December
13, 1993, at the request of Mayor Duitsman and developer,
Kraus-Anderson. In addition, the Council directed staff
to work with the developers to try to resolve concerns
listed in the resolution for denial and begin preparation
of a feasibility study (refer to attached minutes).
November 22, 1993: City Council and staff held a
workshop to review various traffic and drainage issues
relating to Elk Park Center. Mr. Maurer indicated that he
will proceed to complete the feasibility study based on
this meeting and his letter dated November 18, 1993 (refer
to attached minutes).
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P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
city Council Meeting, Elk Park Center
December 13, 1993
Page 2
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PROPOSED CHANGES TO DEVELOPMENT PLANS
The developers have recently submitted revised plans (see
attached) in response to the concerns raised at previous public
hearings and by the City Council specified in the resolution of
denial. The plans submitted include the following noteworthy
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, revising 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.
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5.
Reduce the expansion area of Cub Foods to 18,000
square feet and shift Cub Foods to the south as
required to align the south edge of the expansion
with the north edge of the utility easement.
6. Add additional retail space to Building A
compensating for the reduction of Cub Foods expansion.
7.
Revise the plan of Outlots 1, 2, and
end of the site to accommodate a
and two auto service tenants. Also
from Jackson Road to the former Taco
3 on the north
family restaurant
removed driveway
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.
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The modifications that have been made to the plan essentially
shift tenants and retail space around as a result of
establishing the new entrance from Jackson Road and
consolidating storm drainage ponds. Also, the north end of the
project has changed providing a mix of two less intense
commercial businesses (auto service) along with a restaurant
which generates slightly higher traffic demands. As a result
of the proposed changes the total square footage of the project
.
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City Council Meeting, Elk Park Center
December 13, 1993
Page 3
has actually been reduced from 375,000 square feet to 370,000
square feet.
FEASIBILITY STUDY
Terry Maurer's first draft of a feasibility study for Elk Park
Center focuses on traffic and drainage issues. Terry Maurer
will be presenting this report along with his findings and
conclusions on December 13, 1993.
HIGHWAY 169 CROSSOVER
Attached is a letter from MnDOT discussing the issue related to
the Highway 169 crossover and proposed improvements to Highway
169, School Street and Freeport intersection. The developers
will discuss this letter at Monday's meeting.
FORTHCOMING ACTIONS
If the proposed shopping center proceeds forward, the City
Council should be reminded the Planning Commission and City
Council will have the opportunity to review specific site
plans for each phase of Elk Park Center. This review process
will be conducted as part of the conditional use permit review
for each phase. In other words, if there are detailed concerns
such as location of landscaping or parking lot drainage issues,
these will be addressed through another site plan review
process. However, the fundamental design of the parking lot,
building configuration, access points and total square footage
shown on the proposed site plan will remain as the foundation
from which future reviews are predicated upon.
COUNCIL ACTION
City Attorney Peter Beck will outline the actions that are
available for the City Council to consider to address the items
being presented at Monday night's meeting.
ATTACHMENTS
October 19, 1993, Planning Commission Minutes
October 26, 1993, 9ity Council Minutes
November 15, 1993, City Council Minutes
November 22, 1993, City Council Minutes
Letter from MnDot
Revised Development Plan
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A./ -\.(
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TO:
FROM:
MAYOR AND CITY COUNCIL
STEVEN B. ACH, CITY PLANNER,~~
DATE: DECEMBER 13, 1993
SUBJECT: REVIEW REVISIONS TO DEVELOPMENT
PLANS FOR ELK PARK CENTER
BACKGROUND
Consideration for development of the Elk Park Center site
originally began in August, 1991. During the later part of
1991 and early 1992, the Planning Commission and City Council
took appropriate action to rezone and amend the Comprehensive
Land Use Map for the 50 acre site to Planned Unit Development
(PUD) and Highway Business (HB), respectively.
RECENT ACTIONS
e
October 19, 1993: The Planning Commission held public
hearing to review the conditional use permit and
preliminary plat application for Elk Park Center. The
Commission recommended approval of both the conditional
use permit and preliminary plat with certain conditions
(refer to attached minutes).
October 26, 1993: City Council considered the need for
an Environmental Impact Statement (EIS), conditional use
permit, and preliminary plat for Elk Park Center.
Following adoption of Resolution No. 93-71 declaring the
preparation of an EIS is not necessary, the City Council
moved to direct staff to prepare a resolution of denial of
conditional use permit and preliminary plat (refer to
attached minutes).
November 15, 1993: City Council continued action on a
resolution of denial for Elk Park Center until December
13, 1993, at the request of Mayor Duitsman and developer,
Kraus-Anderson. In addition, the Council directed staff
to work with the developers to try to resolve concerns
listed in the resolution for denial and begin preparation
of a feasibility study (refer to attached minutes).
November 22, 1993: City Council and staff held a
workshop to review various traffic and drainage issues
relating to Elk Park Center. Mr. Maurer indicated that he
will proceed to complete the feasibility study based on
this meeting and his letter dated November 18, 1993 (refer
to attached minutes).
e
P.o. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
tt ..
City Council Meeting, Elk Park Center
December 13, 1993
Page 2
PROPOSED CHANGES TO DEVELOPMENT PLANS
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The developers have recently submitted revised plans (see
attached) in response to the concerns raised at previous public
hearings and by the City Council specified in the resolution of
denial. The plans submitted include the following noteworthy
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, revising 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 and shift Cub Foods to the south as
required to align the south edge of the expansion
with the north edge of the utility easement.
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6. Add additional retail space to Building A
compensating for the reduction of Cub Foods expansion.
7.
Revise the plan of Outlots 1, 2, and
end of the site to accommodate a
and two auto service tenants. Also
from Jackson Road to the former Taco
3 on the north
family restaurant
removed driveway
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.
The modifications that have been made to the plan essentially
shift tenants and retail space around as a result of
establishing the new entrance from Jackson Road and
consolidating storm drainage ponds. Also, the north end of the
project has changed providing a mix of two less intense
commercial businesses (auto service) along with a restaurant e
which generates slightly higher traffic demands. As a result
of the proposed changes the total square footage of the project
e
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City Council Meeting, Elk Park. Center
December 13, 1993
Page 3
has actually been reduced from 375,000 square feet to 370,000
square feet.
FEASIBILITY STUDY
Terry Maurer's first draft of a feasibility study for Elk Park
Center focuses on traffic and drainage issues. Terry Maurer
will be presenting this report along with his findings and
conclusions on December 13, 1993.
HIGHWAY 169 CROSSOVER
Attached is a letter from MnDOT discussing the issue related to
the Highway 169 crossover and proposed improvements to Highway
169, School Street and Freeport intersection. The developers
will discuss this letter at Monday's meeting.
FORTHCOMING ACTIONS
If the proposed shopping center proceeds forward, the City
Council should be reminded the Planning Commission and City
Council will have the opportunity to review specific site
plans for each phase of Elk Park Center. This review process
will be conducted as part of the conditional use permit review
for each phase. In other words, if there are detailed concerns
such as location of landscaping or parking lot drainage issues,
these will be addressed through another site plan review
process. However, the fundamental design of the parking lot,
building configuration, access points and' total square footage
shown on the proposed site plan will remain as the foundation
from which future reviews are predicated upon.
COUNCIL ACTION
City Attorney Peter Beck will outline the actions that are
available for the City Council to consider to address the items
being presented at Monday night's meeting.
ATTACHMENTS
October 19, 1993, Planning Commission Minutes
October 26, 1993, City Council Minutes
November 15, 1993,'City Council Minutes
November 22, 1993, City Council Minutes
Letter from MnDot
Revised Development Plan
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MINUTES OF THE ELK RIVER PLANNING COMMISSION
MEETING HELD AT VANDENBERGE JR. HIGH
TUESDAY, OCTOBER 19, 1993
Members Present:
Chairman Minton, Commissioners, Kreger, spotts, Tacheny,
and Tveite.
Members Absent:
commissioners Eberley and Kuester.
arrived at approximately 8:35 p.m.
Commissioner Kuester
Staff Present:
Steven Ach, City Planner; Stephen
Administrator; Terry Maurer, City
City Attorney; Catherine Schmidt,
Rohlf, Zoning
Engineer; Peter Beck,
Recording Secretary
1. Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River
Planning Commission was called to order at 7:05 pm by Chairman Minton.
2. Consider Planning commission Agenda
COMMISSIONER SPOTTS MOVED TO APPROVE THE 10/19/93 PLANNING COMMISSION
AGENDA. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED
5-0.
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Chairman Minton addressed the public and explained the procedures for a
public hearing. Chairman Minton continued by asking the applicant and
developers to briefly explain the proposal.
Bert Dahlberg, President of Krause-Anderson introduced the developers
and applicant: Mike Shields, Architect; John Bogart, John Oliver and
Associates; John Werjes, Benshoof & Associates; Carl Carlson,
Krause-Anderson. Mr. Dahlberg indicated that Krause-Anderson may
become a partner in this project after City approval.
Mike Shields briefed the Planning Commission regarding the changes in
the proposal since the June 10, 1993, public hearing: reduced. square
footage of the overall project; increased storm drainage and retention
ponds; additional landscaping; eliminated all but one retaining wall;
slopes were reduced to approximately 4:1, drives along Freeport and
Jackson were reduced; sidewalk is continued along Jackson; no signage
on the rear of buildings and signage has been reduced; etc.
John Bogart, John Oliver & Associates, briefly explained the details of
some of the aforementioned changes.
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John Werjes, Benshoof & Associates, addressed the specific square
footage of the proposal and each individual shop. Mr. Werjes also
detailed specific traffic concerns: right-in, right-out off of TH 169;
traffic volumes; Mn DOT findings; the roadway from Freeport to TH 169
that needs to be widened; concerns from School Street west to Jackson;
traffic peaks with regard to the school versus the shopping center; and
the Taco Bell access grade.
Elk River Planning Commission Minutes
October 19, 1993
Page 2
3.
Consider a Conditional Use Permit and Preliminary Plat By Elk River
Associates/Public Hearing, Case NO. CU 93-15, P 93-8
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Staff report presented
Associates, requested a
site as a commercial PUD,
13 commercial lots and
dated October 19, 1993.
by steve Ach. The applicant, Elk River
conditional use permit to develop a 50 acre
and preliminary plat to divide 50 acres into
two outlots. Mr. Ach reviewed staff's memo
Chairman Minton entered into public record documents distributed by the
City Planner: two letters from Gene Schuldt dated November 2, 1992, and
November 24, 1992; a letter from Gary Santwire representing Rick
Foster; letters in support of the project from area residents.
Chairman Minton stated that Commissioner Kuester would join the public
hearing meeting later this evening, however, due to the perception of
conflict of interest, she will refrain from discussion and voting.
Chairman Minton opened the public hearing.
Rolfe Anderson, 19411 Irving Circle, Elk River, described the Riverdale
Crossing mall versus the proposed mall and stated that he felt this
proposal was far more intense, traffic wise. Mr. Anderson is
representing the Citizens Who Care group and continued to express group
concerns: safety for area children, traffic, street improvements, and
the costs associated with this project and all underlying costs be made
public.
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Ken Anderson, Engineer for Citizens Who Care group, explained the
traffic volume he felt would occur from TH 169, west to Freeport. Mr.
Anderson feels the figures from MSA are too conservative. In addition
to the traffic volume concerns, Mr. Anderson expressed concern
regarding the undeveloped parcel between TH 169 and Freeport: when this
parcel is developed, won't this create additional traffic not being
planned for now?
Tim Ostroot, 19333 Norfolk Street, Elk River, mentioned that he is an
attorney however, he is not representing the group Citizens Who Care,
he is merely a citizen who cares about this proposal. Mr. Ostroot
reviewed the seven standards for granting a conditional use permit and
stated that this proposal does not meet these standards. Further, this
area was residential until it was rezoned to highway commercial making
this proposal inconsistent with the Comprehensive Plan. Mr. Ostroot
also expressed concern regarding the traffic volume level of service
stating level "0" is unacceptable, and urged the Planning Commission to
deny this request.
Chairman Minton addressed some of Rolfe Anderson's concerns regarding
costs incurred with this project and explained the process of a
feasibility report. Also, he stated it would be unfair to compare this
project with the Riverdale Crossing mall as this project is not as
intense. Chairman Minton directed a question to Mr. Ken Anderson e
relating to left turns from TH 169. Mr. Anderson responded.
Elk River Planning commission Minutes
October 19, 1993
Page 3
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steve Shoemaker, 11106-190 Avenue NW,
with regard to traffic from outlying areas
traffic study been done relating to this?
Elk River, expressed concerns
to this project. Has a
Duane Kropuenske, 12778-183rd Court, Elk River, believes
wide traffic study should not be required as it could
project and ultimately, cause the project to be withdrawn
constraints. Mr. Kropuenske noted the tax advantages
commercial properties. Also, Mr. Kropuenske stated the seven
for granting a conditional use permit are difficult to
interpreted literally.
that a City
delay this
due to time
of such
standards
meet if
8:25 p.m. - Commissioner Kuester arrived at this time.
Carla Fourniar, 716 Washington Court, Elk River, expressed concerns
relating to the safety of children. Who is ultimately responsible for
our children? For the record, Ms. Fourniar stated she holds the
Planning Commission, staff, developers, and applicants responsible for
the safety of the children.
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Gene Schuldt, 1218 Main Street, Elk River, stated his concerns
regarding Highland Road and County Road No.1. Mr. Schuldt is
concerned with traffic from surrounding roadways as well as roadways in
the immediate area of the project. Also, have all the properties
necessary for this project been secured? Shouldn't all properties be
secured before a recommendation is given to the Council?
Sharon Bromen, 20969-152nd Street NW, Elk River, Vice President of the
Chamber of Commerce expressed the Chamber's support of the proposed
project stating growth is essential to Elk River's future prosperity.
Wendy Arrow, 11080-190 1/2 Avenue NW, Elk River, stated she supports
development with good sound thought and care, however, there is concern
with the traffic and child safety issues related to this. project site.
Ms. Arrow is also concerned about proper procedures being followed if
this project is approved for all issues are considered.
Wendy Penna, City of Ramsey, stated her children attend the Elk River
schools although they do not live in the City of Elk River. Ms. Penna
explained her family's choice to live in a rural area and would like to
see such development go elsewhere and rezone the land for this proposal
as residential.
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Mike Shields, Architect, described the Riverdale Crossing mall and how
it relates to this project stating that this proposal is approximately
100,000 square feet smaller than Riverdale. The proposed project is
not an enclosed mall, therefore, loitering should be less than in an
enclosed mall. Mr. Shields stated that the City is in the process of
preparing a Comprehensive Drainage Plan and that further traffic
concerns will be addressed in the feasibility report. Mr. Shields
stated that the proposal is consistent with the Comprehensive Plan.
Chairman Minton
east of TH 169.
asked
Terry
staff to address future plans for 193rd Avenue
Maurer, City Engineer, responded that this
Elk River Planning Commission Minutes
October 19, 1993
Page 4
street was planned for widening in the future, possibly as far east as
Anoka County and therefore, is more than a residential road.
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Chairman Minton
acquisition.
either acquired
consent letters
asked staff to address the questions relating to
steve Ach, City Planner, replied that all land has
or under control by way of purchase agreements
from property owners have been received.
land
been
and
Tom Penna, 17310 Camelion, Ramsey, asked the Commission who pays for
the Comprehensive Drainage Plan. Mr. Penna also questioned staff
regarding the traffic levels of service for other area roads.
Greg Johnson, 11880 Highland Road, Elk River, stated that a report from
the Citizens League shows Elk River as being the 5th highest in taxes.
Mr. Johnson iterated concerns regarding the LOS, taxes, and drainage on
school property as well as the property to the west of the project. He
is opposed to the project at this site, not to development in Elk
River. Mr. Johnson asked Chairman Minton if his quotes in the Star
news were correct. Chairman Minton replied they were.
Chairman Minton entered into public record a letter from Thomas Zerwas,
Chief of Police, City of Elk River, and read the letter.
Charlie Blesener, 19360 Norfolk Street, Elk River, requested
staff/developers to explain how the seven standards for granting a
conditional use permit were met. Also, Mr. Blesener commented on the
changes from one draft letter (from Mn DOT) to another letter and asked
staff to respond.
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Chairman Minton stated the Planning Commission did not receive a copy
of the draft letter from Mn DOT, only the final letter. Mr. Ostroot
offered the Chairman a copy of the draft letters. Commissioner Kreger
felt the Planning Commission should not accept copies of "draft"
letters however, he requested the City Attorney respond. Peter Beck,
City Attorney, replied the letters should be accepted, as all documents
should be accepted for public record. Ken Anderson, Engineer,
explained that the figures used for calculations in these draft letters
did not change, merely the outcome of the calculations.
John Bogart, John Oliver & Associates, explained that the Comprehensive
Drainage Plan will be paid for by all residents of Elk River. This
comprehensive plan was not undertaken just for this project as it will
encompass the entire City not only this area of the City. Further, Mr.
Bogart responded to the comments made regarding the drainage problem
west of the proposed site and on school property.
John Werjes, Benshoof & Associates, responded to comments regarding the
traffic calculations by Mn DOT and MSA. Mr. Werjes stated the
calculations are conservative, however, their analysis is sound. LOS E
for a few peak pm hours is acceptable. Current LOS for Jackson is 0,
for Freeport it is C. Chairman Minton asked Mr. Werjes if he felt the
left turn from TH 169 onto School Street is underestimated. Mr. Werjes
replied he did not feel it was underestimated. Commissioner Kreger
asked Mr. Werjes if this particular intersection is modified, could it
e
Elk River Planning Commission Minutes
October 19, 1993
Page 5
.
reach LOS C? Mr. Werjes stated it could be modified to reach that LOS,
however, there would be additional costs involved. commissioner
Tachney asked Mr. Werjes to respond to the coordination of timing
distance from TH 169 to Freeport on School Street. Mr. Werjes
explained the coordination of signal lights at the intersection of
School street and TH 169 and the proposed intersection at School Street
and Freeport.
Commissioner Tachney asked Mr. Werjes to explain options for
safety during rush or peak hours of traffic. Mr. Werjes
described a few options noting however, that details for
this nature will be addressed in the feasibility report.
pedestrian
briefly
options of
Loren Knott, Attorney representing Krause-Anderson, briefly remarked
that the proposed property is designated for this type of use and the
request meets the seven standards for granting a conditional use permit.
Ed stoutenberg, 19032 Yale Circle,
regarding the current school bus
additional traffic in this location is
Elk River, expressed
traffic and vehicular
not a good idea.
concerns
traffic;
Sue Daleiden, 19243 Lowell Street, Elk River, requested staff explain
the number of years it will take for residential taxes to pay for the
types of improvements in this proposal.
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Bert Dahlberg, Krause-Anderson, briefly described Krause-Anderson's
history and presented an overview of projects they have done.
Wendy Penna, 17310 Camelion, Ramsey, stated the basic problem seems to
be "any project of this type" on this site. Ms. Penna suggested the
residents get together and apply for a rezoning of this site.
Phil Johnson, 19440 Holt Avenue, Elk River, iterated concerns regarding
the seven standards for granting a conditional use permit, also stating
this request does not meet those seven standards. Further, the
proposal is not consistent with the Comprehensive Plan.
There being no further comments from the public, Chairman Minton closed
the public hearing.
Steve Ach, City Planner, reviewed staff's me~o and explained future
processes to the public. Mr. Ach stated staff is recommending approval
of the conditional use permit request for a commercial PUD by Elk River
Associates with the following conditions:
1. Plans be revised in accordance with letters from steve Ach, dated
October 11, 1993, and Terry Maurer, dated October 15, 1993, that
detail this site plan and future site plans.
2.
Revised plans will be accepted as the "project development plan"
and provide the foundation for future site plan approvals.
-
Elk River Planning Commission Minutes
Qctober 19, 1993
Page 6
3.
All site plans must be submitted to the Planning Commission and
City Council for review for each phase of the project prior to
obtaining a building permit.
.
4. A chain link security fence shall be provided around the storm
water ponds located on the school property and two along Jackson
Road.
5. A planned unit development agreement be prepared and executed
prior to final plat. That particular agreement will set forth all
the standards detailing the signage package, the landscaping
requirements, etc.
6. A feasibility report be completed specifying necessary off-site
street, utility, and pedestrian system improvements.
staff is also recommending approval of preliminary plat to divide 50
acres into 13 commercial lots and two outlots with the following
conditions:
1. A development agreement be prepared and executed prior to release
of final plat for recording.
2. Payment of park dedication in an amount based on the City's
commercial park dedication rate at the time of final plat. .
3.
Outlot A and Outlot B be deeded to the City of Elk River for
public purposes.
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4.
All drainage
property and
to the City as
and utility easements including those
the single family lots along Jackson Road
public drainage and utility easements.
on school
be granted
5. Lot 8, Block 2 be increased in area to a minimum of .8 acres.
6.
Prior to final plat, an administrative subdivision
Dickenson property must be completed and recorded.
of
the
7. Necessary storm drainage easements will need to be obtained to
accommodate storm water runoff from this project.
8. Appropriate cross access/cross parking agreements be
prepared to accommodate shared parking.
Chairman Minton explained that the Planning Commission would now ask
staff to respond to their questions. Chairman Minton asked if most
concerns would be addressed through the feasibility report. Steve Ach
responded that some would be answered through the feasibility report,
others through the developer's agreement, and the remaining issues
through site plan reviews. Terry Maurer replied that many comments and
conditions are listed merely to relate the need for further details,
they are not necessarily major concerns. ~
. \'
Elk River Planning Commission Minutes
October 19, 1993
Page 7
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Chairman Minton indicated that a written response was received from
Commissioner Eberley, entered the written response into the public
record, and asked Commissioner Tveite to read the response.
Commissioner Tveite read the response from Commissioner Eberley.
Discussion ensued among the Commissioners regarding details
proposed project. The Planning Commission asked staff to
questions relating to the following: sidewalk and bike path; lot
the Taco Bell parking situation; traffic LOS; anticipated
increase in Elk River regardless of this proposal.
of the
explain
sizes;
traffic
Chairman Minton asked Peter Beck, City Attorney, to respond to the
questions of rezoning the proposed site. Mr. Beck replied that this
proposal must be addressed with the current zoning.
Ken Anderson, Engineer, asked the Planning Commission to at least
consider this proposal without degrading the current roadway system.
COMMISSIONER SPOTTS RECOMMENDED APPROVAL OF THE CONDITIONAL USE PERMIT
REQUESTED BY ELK RIVER ASSOCIATES TO DEVELOP A 50 ACRE SITE AS A
COMMERCIAL PLANNED UNIT DEVELOPMENT BASED ON THE FOLLOWING FINDINGS FOR
APPROVING A CONDITIONAL USE PERMIT:
A.
THE PROPOSED
AFFECT THE
VICINITY OR
CONVENIENCE,
USE WILL NOT ENDANGER, INJURE, OR DETRIMENTALLY
USE AND ENJOYMENT OF OTHER PROPERTY IN THE IMMEDIATE
THE PUBLIC HEALTH, SAFETY, MORALS, COMFORT,
OR GENERAL WELFARE OF THE NEIGHBORHOOD OR THE CITY.
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B. IT IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING
ORDINANCE AND THE COMPREHENSIVE PLAN.
C.
IT WILL NOT IMPEDE THE NORMAL AND ORDERLY DEVELOPMENT
IMPROVEMENT OF THE SURROUNDING VACANT PROPERTY, THEREBY
SERIOUSLY DEPRECIATING SURROUNDING PROPERTY VALUES.
AND
NOT
D. IT WILL BE SERVED ADEQUATELY BY AND WILL NOT ADVERSELY AFFECT
ESSENTIAL PUBLIC UTILITIES AND SERVICES INCLUDING STREETS, POLICE
AND FIRE PROTECTION, DRAINAGE, REFUSE DISPOSAL, WATER AND SEWER
SYSTEMS, PARKS AND SCHOOLS AND WILL NOT, IN PARTICULAR, CREATE
TRAFFIC CONGESTION OR INTERFERENCE WITH TRAFFIC ON ADJACENT AND
NEIGHBORING PUBLIC THOROUGHFARES.
E. IT WILL NOT INVOLVE USES, ACTIVITIES, PROCESSES MATERIALS,
EQUIPMENT AND CONDITIONS OF OPERATION THAT WILL BE DETRIMENTAL TO
ANY PERSONS OR PROPERTY BECAUSE OF EXCESSIVE TRAFFIC, NOISE,
SMOKE, FUMES, GLARE, ODORS, DUST OR VIBRATIONS.
F. IT WILL NOT RESULT IN THE DESTRUCTION, LOSS OR DAMAGE OF A
NATURAL, SCENIC OR HISTORIC FEATURE OF MAJOR IMPORTANCE.
G.
IT WILL FULLY COMPLY WITH ALL OTHER REQUIREMENTS OF THE CITY'S
CODE OF ORDINANCES, INCLUDING ANY APPLICABLE REQUIREMENTS AND
STANDARDS FOR THE ISSUANCE OF A LICENSE OR PERMIT TO ESTABLISH AND
OPERATE THE PROPOSED USE IN THE CITY OF ELK RIVER.
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Elk River Planning Commission Minutes
October 19, 1993
Page 8
A PUBLIC HEARING WAS HELD AND THERE WAS NOTABLE OPPOSITION; THEIR
REMARKS WILL BE ENTERED INTO THE RECORD: AN ENVIRONMENTAL
ASSESSMENT WORKSHEET AND CURRENT UPDATES, DEPARTMENT OF NATURAL
RESOURCES AND HISTORICAL SOCIETY INFORMATION, INFORMATION SHEET
FROM CITIZENS WHO CARE REGARDING COMMENTS ABOUT TRAFFIC, DRAINAGE,
AND STREETS, THE POLLUTION CONTROL DOCUMENTS, DEPARTMENT OF ARMY
CORPS OF ENGINEERS WETLAND INFORMATION, DEPARTMENT OF HEALTH WELL
MANAGEMENT UNIT, TRAFFIC ANALYSIS AND UPDATES OF THAT ANALYSIS
FROM THE MN DEPARTMENT OF TRANSPORTATION, AND SPECIFIC
CORRESPONDENCE FROM SEVERAL CONCERNED CITIZENS OF THE COMMUNITY.
THE FOLLOWING STIPULATIONS WILL BE ADHERED TO FOR THIS PERMIT:
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1. PLANS BE REVISED IN ACCORDANCE WITH LETTERS FROM STEVE ACH, DATED
OCTOBER 11, 1993, AND TERRY MAURER, DATED OCTOBER 15, 1993.
2. REVISED PLANS WILL BE ACCEPTED AS THE "PROJECT DEVELOPMENT PLAN"
AND PROVIDE THE FOUNDATION FOR FUTURE SITE PLAN REVIEWS.
3. ALL SITE PLANS MUST BE SUBMITTED TO THE PLANNING COMMISSION AND
CITY COUNCIL FOR REVIEW FOR EACH PHASE OF THE PROJECT PRIOR TO
OBTAINING A BUILDING PERMIT.
4. A CHAIN LINK SECURITY FENCE SHALL BE PROVIDED AROUND THE STORM
WATER PONDS LOCATED ON THE SCHOOL PROPERTY AND TWO ALONG JACKSON
ROAD.
5.
A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED
PRIOR TO FINAL PLAT.
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6. A FEASIBILITY REPORT BE COMPLETED SPECIFYING NECESSARY OFF-SITE
STREET, UTILITY, AND PEDESTRIAN SYSTEM IMPROVEMENTS. FINDINGS OF
STUDY INCORPORATED INTO THE PLAN WITHIN 60 DAYS.
7. A SIDEWALK/BIKE PATH ALONG JACKSON ROAD BE INCLUDED IN THE INITIAL
DEVELOPMENT. A METHOD OF PROPOSED RIGHT-OF-WAY ACQUISITION BE
FULLY EXPLAINED TO THE CITY COUNCIL.
8. THE PROJECT DESIGN PROVIDE THAT THE TRAFFIC LEVEL OF SERVICE ON
THE INTERSECTION OF JACKSON ROAD AND TH 169, HIGHLAND AVENUE AND
JACKSON ROAD, SCHOOL STREET AND JACKSON ROAD, FREEPORT AVENUE AND
SCHOOL STREET, ELK HILLS DRIVE AND DODGE STREET, SCHOOL STREET AND
TH 169, AND FREEPORT AVENUE AND JACKSON ROAD NOT BE DEGRADED.
COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COMMISSIONER SPOTTS RECOMMENDED APPROVAL OF THE PRELIMINARY PLAT FOR
ELK RIVER ASSOCIATES TO DIVIDE 50 ACRES INTO 13 COMMERCIAL LOTS AND TWO
OUTLOTS. PUBLIC HEARING WAS HELD AND THERE WAS CONSIDERABLE
OPPOSITION. THE PLAT IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN.
THE PLAT HAS BEEN REVIEWED BY THE CITY ENGINEER, THE COUNTY HIGHWAY
DEPARTMENT, AND THE STATE HIGHWAY DEPARTMENT. A LETTER OF APPROVAL
FROM THE DEPARTMENT OF NATURAL RESOURCES WAS RECEIVED. PARK BOARD
RECOMMENDATION HAS BEEN RECEIVED. THE PLAT MEETS CITY ORDINANCES AND
IS CONTINGENT ON THE FOLLOWING OUTSTANDING ITEMS AND CONDITIONS:
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Elk River Planning Commission Minutes
October 19, 1993
Page 9
1.
A DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASE
OF FINAL PLAT FOR RECORDING.
2. PAYMENT OF PARK DEDICATION IN AN AMOUNT BASED ON THE CITY'S
COMMERCIAL PARK DEDICATION RATE AT THE TIME OF FINAL PLAT.
3. OUTLOT A AND OUTLOT B BE DEEDED TO THE CITY OF ELK RIVER FOR
PUBLIC PURPOSES.
4. ALL DRAINAGE AND UTILITY EASEMENTS INCLUDING THOSE ON SCHOOL
PROPERTY AND THE SINGLE FAMILY LOTS ALONG JACKSON ROAD BE GRANTED
TO THE CITY AS PUBLIC DRAINAGE AND UTILITY EASEMENTS.
5. LOT 8, BLOCK 2 BE INCREASED IN AREA TO A MINIMUM OF .8 ACRES.
6.
PRIOR TO FINAL PLAT, AN ADMINISTRATIVE SUBDIVISION
DICKENSON PROPERTY MUST BE COMPLETED AND RECORDED.
OF
THE
7. NECESSARY STORM DRAINAGE EASEMENTS WILL NEED TO BE OBTAINED TO
ACCOMMODATE STORM WATER RUNOFF FROM THIS PROJECT.
8. APPROPRIATE CROSS ACCESS/CROSS PARKING AGREEMENTS BE PREPARED TO
ACCOMMODATE SHARED PARKING.
THE ENVIRONMENTAL ASSESSMENT WORKSHEET HAS BEEN RECEIVED AND 'THE ARMY
CORPS OF ENGINEERS INFORMATION WAS MADE AVAILABLE. COMMISSIONER TVEITE
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
4.
Adjournment
There being
THE MEETING.
CARRIED 5-0.
no further business, COMMISSIONER TVEITE MOVED TO ADJOURN
COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION
The meeting of the Elk River Planning Commission adjourned at approximately
10:40 p.m.
Respectfully submitted,
(l~ 'f'I). Mr~
Catherine M. Schmidt
Recording Secretary
,>
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3.
4.
5.
6.
7.
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SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT VANDENBERGE JUNIOR HIGH SCHOOL
TUESDAY, OCTOBER 26, 1993
@@~)f
Members Present:
Mayor Duitsman, Councilmembers Dietz, Scheel, Farber
and Holmgren
Members Absent:
None
Staff Present:
Pat Klaers, City Administrator; Stephen Rohlf, Building
and Zoning Administrator; Steven Ach, City Planner;
Peter Beck, City Attorney; Terry Maurer, City Engineer;
Sandra Thackeray, City Clerk
Also Present:
Dan Tveite, Planning Commission Representative
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 10/26/93 City Council Agenda
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 10/26/93 CITY COUNCIL
AGENDA. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED
5-0.
Public Hearing on Conditional Use Permit and Preliminary Plat
Review of Environmental Assessment Worksheet for Elk Park Center
Determination on Environmental Impact Statement
Consider a Conditional Use Permit Request to Develop Fifty Acres into
a Commercial Planned Unit Development/P.H.
Consider Preliminary Plat to Divide Fifty Acres into Thirteen
Commercial Lots and Two Outlots/P.H.
Consider Resolution Declaring the Adequacy of the Petition for
Improvement and Ordering the Feasibility Report for Elk Park Center
City Planner Steven Ach gave a brief historical update on the Elk Park
Center project. The project began in 1991, when the City Council
approved a rezoning of the north 17 acres to Planned Unit Development.
The City Council shortly thereafter ordered a trunk utility f~asibility
report to study the Planned Unit Development and surrounding property.
In 1992, the Planning Commission considered rezoning of the south 33
acres which was approved by the City Council. The entire fifty acre
site was zoned Planned Unit Development with a land use of highway
business. The City Council accepted a preliminary traffic impact study
prepared by Maier Stewart and Associates, Inc. in August, 1992. Also in
August, 1992, the Planning Commission held a public hearing on a
development proposal to develop the fifty acre site. This public
hearing was tabled due to the developer not providing enough
information. In January, 1993, a traffic impact study was completed
and reviewed by the City. In June, 1993, the Planning Commission held
a public hearing for the project which was proposed to be expanded in
area to a 54 acre site. Action on this public hearing was also tabled
Elk River City Council Meeting
October 26, 1993
Page 2
due to lack of information. Following that public hearing, another ~
public hearing was held to review the proposal with modifications done
to the site plan. The modifications included the elimination of a
Menards store, the elimination of four single family homes on Jackson
Avenue and scaling the project area down to 50 acres in size.
Following the public hearing, the Planning Commission recommended that
the Council approve the conditional use permit and preliminary plat
with certain conditions and findings that the developer must comply
with to proceed with the project. Steven Ach informed the Council that
the request before the Council this evening consists of reviewing the
EAW, consideration of a conditional use permit to develop a 50 acre
site into a commercial PUD, consider a preliminary plat to accompany
the development, and order the feasibility report to allow a consulting
engineer to analyze the impacts this project would have on internal and
surrounding infrastructure and roadways.
Mr. Bert Dahlberg, President of Kraus-Anderson, addressed the Council.
Mr. Dahlberg indicated that the major anchors of the proposed Elk Park
Center are Wal-Mart and a Cub Food Store. He reviewed the schedule for
building and completion of the project. He indicated the project would
start in February, 1994, and the completion date of the project would
be November, 1994. He further stated that the whole project would not
be built at one time. Elk Park Center would operate for five years at
the proposed size of approximately 260,000 square feet and expand in
the sixth year and operate at full capacity in the seventh year at
approximately 374,000 square feet. He indicated that this plan would ~
allow for planning and implementing growth and infrastructure
concerns. Mr. Dahlberg stated that Kraus-Anderson has entered into a
preliminary development agreement to become 50% partnership with Scott
Erickson who is the original developer of the project.
Mr. Mike Schields of AKRW, architect for the project, informed the
Council that the plans for the project have resulted from many
compromises between the developer, the City, the neighbors, and the
traffic engineer. Mr. Schields reviewed the traffic patterns and
phases of the shopping center. He reviewed the berming and landscaping
plans with the Council. He stated that the berming and plantings will
soften the affect of the shopping center from the adjacent property
owners. He further noted that security fencing has been added. He
further informed the Council that a number of changes requested by
City staff and recommendations made by the Planning Commission have
been incorporated into the project.
John Bogart, of John Oliver and Associates, addressed the storm water
drainage for the development. Mr. Bogart reviewed points of concern
expressed by the residents and stated the issues will be fully
addressed in the feasibility report.
Jon Wertjes, of Benshoof and Associates, informed the Council that he
was the traffic engineer for Elk Park Center. Mr. Wertjes provided the
City Council with handouts that were used in his presentation and ~
informed the Council that the initial traffic report was started by ~
Maier Stewart and Associates. The report has been reviewed and updated
for the development plan. Mr. Wertjes reviewed the site plan. He
Elk River City Council Meeting
October 26, 1993
Page 3
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informed the council that a traffic analysis was conducted. Mr.
Wertjes discussed the differences in the Elk Park Center and the
Riverdale Crossing Center. Mr. wertjes discussed the designs of the
Highway 169 and School street intersection and reviewed the traffic
volume numbers. He also discussed the Elk Hills Drive and Dodge Avenue
intersection and the School Street and Freeport Avenue intersection.
Councilmember Scheel questioned why no study was made of the Highway 10
traffic that would access Elk Park Center. councilmember Scheel stated
that she believes that this route will supply at least one-half of the
traffic to the proposed development. She further noted that these cars
will come down Proctor Avenue and that there is no possible way to
widen the west end of School Street. Mr. Wertjes noted that School
Street could be widened. He further indicated that Highland Avenue is
a collector road and will primarily serve the area to the north and
west. Highland Avenue users would primarily be local users. He
further indicated that many answers to the traffic questions would be
addressed by the feasibility study.
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Mr. Loren Knott, attorney for Kraus-Anderson, introduced himself to the
Council and provided the Council a handout of his prepared comments.
He noted that it is the intention of Kraus-Anderson to work with the
City to solve any problems that may develop. He further reminded the
Council that the land was zoned Planned Unit Development and designated
for commercial use. He informed the Council that one million dollars
has been spent by the developers in developing ~he property. He noted
that the money has been spent to get the best possible plan for the
City of Elk River. He stated that Kraus-Anderson was only interested
in the project because it was properly zoned for shopping center use.
He noted that the developers have given special attention to the
project to assure that the development meets the seven standards for a
conditional use permit and following review by the Planning Commission,
the Planning Commission stated that all criteria have been met. He
further noted that staff concurs with the Planning Commissions
recommendation. The Attorney reviewed the seven criteria required by a
conditional use permit. He further requested that the findings of the
Planning Commission and staff be made as findings of the City Council
in support of the approval.
Mayor Duitsman opened the public hearing.
Dennis Gorman, 12095 Highland Road, questioned how the roadway system
would service the area west and northwest of the community. He
indicated his concern regarding the school children and noted that the
Elk Park Center would be an adverse impact on the traffic and
neighborhood. He compared the traffic lanes of Elk Park Center to
Riverdale Crossing. He noted that there are eleven lanes of traffic at
the intersection leading to Riverdale Crossing. He reiterated his
concern regarding the traffic along School Street and the safety of the
children.
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Ken Anderson, Elko,
engineer and has been
stated that in his
Minnesota, noted he is
hired by the Citizens Who
opinion, the Freeport
a professional traffic
Care Committee. He
Avenue and School Street
Elk River City Council Meeting
October 26, 1993
Page 4
intersection are not appropriate for this level of development. He ~
further noted that School Street would have to be widened and this
would be very expensive. He requested the Council to consider revising
the traffic study that was done in 1993. He further noted that
Freeport intersection is too close to Highway 169. He further
suggested that the Maier Stewart traffic study which was completed was
flawed. He noted that the numb~rs have doubled on Highway 169 from the
original Maier Stewart study. Mr. Anderson questioned why the five
lots south of the water tower were not included in the analysis. He
noted that the basic problem is the fact that the two intersections are
too close together, School street is too narrow, and the access is too
close to Highway 169. He concluded that it is a bad development for
this type of access.
Duane Kropuenske, 12778 183rd Court, stated that the proposed PUD
offers many possibilities to the City. He noted that when he was on
the Council, the Council voted 5-0 to approve the proposed area as
Highway/Commercial development. He stated he does not feel the project
has been rushed through. He further indicated that a Planned Unit
Development can be controlled and address the concerns of the citizens
in the area. He noted that he cares about the quality of life and
about controlling property taxes. He stated that the proposed
development would provide an increased tax base. He noted that the
development of Elk Park Center would provide some of the corrections to
School Street. He further noted that tax dollars will be generated
from this development that will be given to the School and the City to ~
help address and finance improvements for the traffic problems on ~
School Street.
Tim Ostroot, 19333 Norfolk Street, stated that he is a member of
Citizens Who Care. He stated that the City's perspective is narrow as
many of the important issues have not been resolved. He stated that
the burden of proof must be met by the developer. He indicated that
the City's traffic studies are flawed and are based on assumptions. He
further stated that Highland Road will not be a residential street if
the Center is approved. He indicated that there would be an adverse
affect on the neighboring residents and school children. Mr. Ostroot
stated that the development borders a park, a cemetery, and a
residential neighborhood. He indicated it is too big of a project for
this small of site considering what the site is bordered by. He
further indicated Elk River has many areas to develop and stated that
the proposed site is the wrong fit for the development. He urged the
City Council to deny the request for the conditional use permit.
Don Schumacher, 212 Norfolk Avenue, stated that Kraus-Anderson is a
responsible and capable developer. He indicated that the development
will add to the tax base and employment base of the City. He informed
the Council that he is in favor of the development.
Charlie Houle, 101 6th Street, representing the Board of Directors of
the Chamber of Commerce, indicated that the City must consider moving ~
forward for the growth of the community. He requested the Council to ~
consider taking a stand to help the project move forward. He further
Elk River City Council Meeting
October 26, 1993
Page 5
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requested the Council address the problems at hand rather than just
turning the project down.
John Van Heusen, 11955 Highland Road, indicated that the Environmental
Impact statement (EIS) does not satisfy the requirements of the
conditional use permit. He indicated he is opposed to locating the
project on the proposed site.
Greg Johnson, 11880 Highland Road, stated his concern about the
children. He stated that the project is not compatible with the
schools. He further noted that the expansion of School Street would be
a burden to Dr. Flannery. He indicated that there are no other routes
to access the development except for School Street or Highland Road.
He further questioned whether he would be responsible for paying for
the overlay of Highland Road due to the number of people using the road
to access the development. Mr. Johnson stated that Elk River is the
fifth highest taxed City according to population. He stated that the
cost for the improvements the community must make for the development
will far exceed the $750,000 received in taxes.
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Tom Penna, 17310 Chameleon Street, Ramsey, Minnesota, indicated that
although he does not live in the City of Elk River, he pays school
taxes as his children go to the Elk River schools. He stated he moved
to Ramsey for a quiet, slow-paced, life and is opposed to the location
of the proposed development. He indicated that there are other areas
in the City to locate the development.
Gail Anderson, 19411 Irving Circle, presented the City Council with a
petition from the citizens of Elk River indicating their concerns about
the impacts of the proposed Elk Park Center at the location bordered by
Highway 169, School Street, and Jackson Avenue. The petition also
requests that an EIS be completed before any approval be given on the
project.
Wendy Arrow, 11080 190-1/2 Street, questioned how the Council could
approve a project when the transportation problems will still be
unsolved. She further indicated there are issues other than
transportation that are unsolved. She stated that she is opposed to
locating the development at this site.
Kathy Wise, 19424 Irving Circle, informed the Council that she moved
from Champlin to get away from the gangs. She stated she is a bus
driver and indicated that the School Street area is already a dangerous
situation for the school bus drivers and children. She indicated that
the addition of traffic for the Elk Park Center development would be
"insane".
Gene Schuldt, 1218 Main Street, stated
acquisition of property for the off-site
that he has been informed that there is
off-site drainage system.
his concerns regarding the
drainage system. He indicated
no agreement made for the
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Gene Schuldt indicated his concerns about the intersection on Jackson
Road and Highland Road and the entrances and exits to the shopping
Elk River City Council Meeting
October 26, 1993
Page 6
center. He further had some concerns regarding who will be paying for
the improvements to School Street, Jackson Road, and Highland Road. He
indicated his concern regarding the pedestrian safety on Highland Road
as there are no sidewalks on Highland Road. Mr. Schuldt indicated that
when he was on the Council and voted to change the zoning from multiple
dwelling to PUD, he was under the impression that a smaller strip mall
would be built. He indicated that no one is opposed to commercial
development, but only to the location of the proposed development. He
further stated that there are more suitable locations for this type of
development in the city.
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Phil Johnson, 19400 Holt Street, stated that an EIS could be requested
by the City. He indicated the citizens are concerned about the impact
of the development and requested that the Council consider ordering an
EIS before giving approval to the project. Phil Johnson also
questioned why the School District property is not included in the
traffic study reports. He requested the Council to deny the CUP based
on the fact that the conditions of the conditional use permit are not
being met.
Lloyd JOhnson, retail developer of Super Valu, indicated that there are
very limited opportunities for this large type of development in Elk
River. Mr. Johnson indicated that he is present to suppor~ the
expansion of County Market. He indicated that Jerry Hagen has plans to
develop the County Market into a Cub Food store at the proposed
development.
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Kathy Lowen, 11915 193rd Lane, indicated she worked as an assistant at
Parker Elementary School. She stated that many times the balls
children are playing with rollout onto the streets. She stated she is
speaking for the kids in Elk River and fears for their safety. She
indicated that the schools are used heavily in the evening hours also.
Architect Mike Schields stated that Highland Road was designed as a
collector street. He stated that this project, when fully developed,
will be 100,000 square feet less than the Riverdale Crossing center.
He further indicated that the School District approves of the project
as they have provided the necessary landscaping, roadway and utility
easements. He further stated that the EAW has been reviewed by all
departments. He indicated that the land south of the water tower has
not been included in the studies because it is still owned by the
school District. He indicated that this land will be addressed if and
when it is proposed to be part of the project.
Terry Maurer, Maier Stewart and Associates, indicated that his role in
the process of the development proposal has changed since January. He
indicated that since January, Maier Stewart's role has been to review
only. He indicated that Maier Stewart will stand behind the traffic
study report which it has prepared. He further indicated that the
property south of the water tower was included in the traffic study as
was the traffic coming from the west.
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Ken Anderson, traffic engineer for the Citizens Who Care Committee,
stated that the Maier Stewart traffic study was flawed. He requested
Elk River City Council Meeting
October 26, 1993
Page 7
.
Maier Stewart to update the study before any action is taken on the
development.
Tim Ostroot, 19333 Norfolk Street, readdressed the Council
concerns he expressed earlier.
with
Duane Kropuenske, 12778 183rd Court, stated he felt the
been overstudied. He indicated that the feasibility process
City Council the opportunity to solve existing problems.
project has
gives the
Wendy Penna, 17310 Chameleon Street, Ramsey, Minnesota, indicated that
she had to make a choice to leave some of the conveniences behind when
she moved to Ramsey. She further indicated she is concerned for the
safety of her child and is opposed to the location of Elk Park Center.
Wendy Arrow, 11080 190-1/2 Street, indicated that the School District
has not approved the site, but that the site has been approved by the
School Board. She cautioned the Council to exercise caution before the
project is approved, not after.
Gene Schuldt, 1218 Main Street, commented on the configuration of
Highland Road in conjunction with the entrance and exit of the proposed
development. He indicated that the configuration of this intersection
was changed by the architects to better fit the buildings of the
development within.
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There being no further comments, Mayor Duitsman closed the public
hearing.
The City Council recessed at 10:10 p.m. and reconvened at 10:25 p.m.
City Attorney Peter Beck stated that an Environmental Assessment
Worksheet has been prepared for this project. The purpose of the EAW
is to determine whether the project has a potential for significant
environmental effects. If so, the rules require that an Environmental
Impact Statement be prepared. He stated that there is no need 'for a
petition to start the process for an EIS. He indicated that staff
recommendation is that the project does not have the potential for
significant environmental effects.
COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 93-71, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ELK RIVER REGARDING THE ENVIRONMENTAL
REVIEW PROCESS FOR THE PROPOSED ELK PARK CENTER PROJECT RESPONDING TO
COMMENTS RECEIVED ON THE ENVIRONMENTAL ASSESSMENT WORKSHEET SETTING
FORTH THE CITY COUNCIL'S FINDINGS OF FACT REGARDING THE NEED FOR AN
ENVIRONMENTAL IMPACT STATEMENT AND DECLARING THAT THE PREPARATION OF AN
ENVIRONMENTAL IMPACT STATEMENT IS NOT NECESSARY. COUNCILMEMBER
HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
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Steven Ach, City Planner, stated that approval of the conditional use
permit would allow for the development of a Planned Unit Development on
a fifty acre site. He indicated that this would be a first step in a
series of events for Council and staff review. He further noted that
City staff has recommended approval of the conditional use permit based
Elk River City Council Meeting
October 26, 1993
Page 8
on the seven findings of fact by the Planning Commission at its last
meeting. Steven Ach referred to the Planning Commission draft minutes
of October 19, 1993, and to the staff memo addressed to the Mayor and
City Council in reference to the seven criteria necessary for approving
a conditional use permit. steven Ach then proceeded to read the
conditions recommended by the Planning commission for the granting of
the conditional use permit. Those conditions are as follows:
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1. That plans be revised in accordance with letters from Steven Ach
dated October 11, 1993, and Terry Maurer dated October 15, 1993.
2. Revised plans will be accepted as the project development plan and
provide the foundation for future site plan reviews.
3. All site plans must be submitted to the Planning Commission and
City Council for review for each phase of the project prior to
obtaining a building permit.
4. A chain link security fence shall be provided around the storm
water ponds located on the school property and two along Jackson
Road.
5. A Planned Unit Development Agreement be prepared and executed
prior to final plat.
6.
A feasibility report be completed specifying
utility and pedestrian system improvements.
incorporated into the plan within sixty days.
necessary off-street
Findings of study be
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7.
A sidewalk/bike
development.
fully explained
path along Jackson Road be included in the initial
A method of proposed right-of-way acquisition be
to the City Council.
8. The project design provide that the traffic level of service on
the intersection of Jackson Road and Trunk Highway 169, Highland
Avenue and Jackson Road, School street and Jackson Road, Freeport
Avenue and School Street, Elk Hills Drive and Dodge Street, School
Street and Trunk Highway 169, and Freeport Avenue and Jackson Road
not be degraded.
Steven Ach indicated that staff added the following condition to Item
#8; "That the developer be responsible for off-site infrastructure
improvements that are necessary as a result of Elk Park Center".
Steven Ach stated that staff is requesting to add two other conditions
to the conditional use permit. They are as follows:
9. The northernmost driveway onto Jackson Avenue from the Taco Bell
site is not approved as part of this project. However, approval
of the driveway in this location will be subject to the developer
submitting a specific site plan, justifying the need for a safe
and appropriate curb cut at the time of site plan review.
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10. The 4,500 square foot building northeast of the proposed Cub Food
store is not approved at this time.
i, I \,
Elk River City Council Meeting
October 26, 1993
Page 9
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Steven Ach indicated that staff is recommending that
this building be subject to the future review
Commission and City Council.
the
of
approval of
the Planning
Peter Beck, City Attorney, informed the Council that land use decisions
for the property in question have been made. The property has been
rezoned and allows the uses which are being proposed. He stated that
the property is zoned Planned Unit Development (PUD) and a conditional
use permit is required to develop the property. He indicated that
staff has recommended that the conditional use permit be granted
subject to specific conditions noted earlier. He further indicated
that if it is the decision of the City Council to deny the conditional
use permit, it should be based on findings of fact based on the seven
criteria necessary for a conditional use permit. He suggested that if
the Council intends to deny the conditional use permit, it should do so
by identifying the conditions and then direct staff to draw up a
resolution specifically stating the findings for denial.
Councilmember Holmgren stated he has four major concerns with the
proposed development. The concerns involved:
1. The easement for the drainage. A drainage easement has not been
signed at this time.
2.
Traffic concerns. The major intersection to the development
one that is being ignored. He indicated that three of the
intersections to the north are not controlled. He stated he
nine other traffic concerns which he did not list in detail.
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3. No buffer zone to the proposed development.
4. Possible median on School Street from Freeport to Jackson which
would hinder traffic movements to the school property.
Councilmember Holmgren noted that he would vote to deny the request for
a conditional use permit.
Councilmember Scheel stated that she has a great problem with the
traffic. She further indicated that she had a problem with #1 of the
seven stipulations necessary for a conditional use permit. She
indicated that she feels the public health and safety of the children
and residents are affected. She is concerned for the safety of the
young people. She indicated that the children will not be able to get
to Lion's Park. She further stated that when the children play there
will be carbon monoxide to deal with. She stated that the holding pond
would be a danger to the children. Councilmember Scheel noted that the
proposed development adversely affects the schools. Councilmember
Scheel stated that there are many holes in the project at this time and
that she could not vote in favor of the project.
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Councilmember Dietz stated that he shares the concerns of the citizens.
He further noted that he took a survey of sixty people and found thirty
people in favor of the development, fifteen against, and fifteen who
did not care one way or the other. Councilmember Dietz stated that if
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Elk River City Council Meeting
October 26, 1993
Page 10
the School Board would not have sold the land to the developer, the
City would not be considering approval of the development at this
time. Councilmember Dietz indicated that the School Board also
approved the location of the drainage pond. He indicated that the City
and School District has been discussing the idea of widening School
Street regardless of whether this development was approved.
Councilmember Dietz had some questions regarding the two left turn
lanes off of Highway 169. He indicated he had a problem with the
funneling into one lane. He questioned whether Freeport could be made
wider so there could be two turn lanes.
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Terry Maurer indicated that if the Council approves the conditional use
permit, a feasibility study would be prepared and these issues would be
addressed in the feasibility study.
Councilmember Dietz further indicated that there would be no intention
of assessing the School District for this project. He indicated that
he agrees there are traffic concerns. Councilmember Dietz further
indicated he does not expect any property owner to be assessed for any
part of this project. Councilmember Dietz indicated that he agrees
there are traffic problems, however he feels there will be traffic
problems in Elk River whether there is a shopping center or not.
Councilmember Dietz indicated he disagrees with the crime situation.
He also stated that the amount of taxes that this type of project would
generate would allow the City to hire extra police officers if needed.
He indicated he did not feel it was valid to correlate crime and e
shopping malls. He indicated that as the suburbs move to the west, and
as Elk River's population grows, the City will have more crime,
regardless of a shopping mall. Councilmember Dietz stated it was
important for Elk River to get commercial and industrial tax base to
help pay for the services we all want and need. Councilmember Dietz
stated that he believes all the traffic concerns can be worked out. He
feels that the developers have met the criteria requested by the City
and indicated that he would vote in favor of the conditional use permit.
Mayor Duitsman stated he feels the City is missing a real opportunity
to bring shopping and development to Elk River. He stated that the
development will pay for the roads, the improvements, etc. He further
indicated that this area is zoned for commercial development. He
stated he believes the concerns can be addressed from the feasibility
study. He indicated he is in'favor of the development.
Councilmember Farber stated he is pro-development, however he has many
concerns regarding the proposed Elk Park Center. Councilmember Farber
voiced many concerns regarding traffic and location of the proposed
development. He indicated that Jackson Avenue has been ignored and
193rd Avenue has not been addressed and it will be a main entrance to
the mall. Councilmember Farber indicated that the project would
adversely affect the school children and the neighboring residents.
Councilmember Farber further indicated his concern regarding the safety
of the children and the amount of pedestrian traffic along School
Street. He further indicated that Highland is a residential area which
will become a major thoroughfare and would adversely affect the
neighborhood. Councilmember Farber also questioned whether the City
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Elk River City Council Meeting
October 26, 1993
Page 11
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could negotiate with MnDOT for an entrance off of Highway 169 instead
of School Street. Councilmember Farber indicated he would vote in
opposition to the request.
Dan Tveite, Planning commission Representative, indicated it was the
opinion of the Planning Commission that the seven requirements
necessary to approve a conditional use permit have been met, and
further, that the feasibility study will address the safety, traffic,
and drainage concerns. He stated that the Planning Commission
unanimously recommended approval of the conditional use permit and
preliminary plat.
COUNCILMEMBER FARBER MOVED TO DENY THE CONDITIONAL USE PERMIT FOR THE
PROPOSED PLANNED UNIT DEVELOPMENT OF ELK PARK CENTER AS THE PROPOSED
PUD WOULD ADVERSELY AFFECT THE PROPERTY ADJACENT TO THE LAND AREA BEING
DEVELOPED; THE PROPOSED PUD WOULD ADVERSELY AFFECT THE EXISTING SCHOOLS
AND THE STREET ADJACENT TO THE PROPOSED PUD; THE PLANNED UNIT
DEVELOPMENT AS PROPOSED DOES NOT COMPLY WITH THE SEVEN STANDARDS
REQUIRED IN SECTION 900.42 OF THE ELK RIVER CITY ORDINANCE.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-2.
Mayor Duitsman and Councilmember Dietz opposed.
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COUNCILMEMBER FARBER MOVED TO DENY THE APPLICANTS REQUEST FOR A
PRELIMINARY PLAT BASED ON THE FINDINGS THAT A CONDITIONAL USE PERMIT
HAS NOT BEEN APPROVED FOR THE PLANNED UNIT DEVELOPMENT. COUNCILMEMBER
HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-2. Mayor Duitsman
and Councilmember Dietz opposed.
City Attorney Peter Beck stated it is his understanding that the
Council voted to deny the request rather than direct staff to prepare a
resolution stating the findings of fact for denial. Councilmember
Farber indicated that it was his intention to direct staff to prepare a
resolution. The City Attorney suggested that the motion be amended to
reflect Councilmember Farber's intention of drafting a resolution.
COUNCILMEMBER FARBER MOVED TO AMEND THE MOTION ON THE CONDITIONAL USE
PERMIT TO DIRECT STAFF TO PREPARE FINDINGS OF FACT IN A RESOLUTION OF
DENIAL FOR CONSIDERATION BY THE COUNCIL ON NOVEMBER 15, 1993.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-2.
Mayor Duitsman and Councilmember Dietz opposed.
COUNCILMEMBER FARBER MOVED TO AMEND THE MOTION
TO DIRECT STAFF TO PREPARE FINDINGS OF FACT
CONSIDERED BY THE COUNCIL ON NOVEMBER 15, 1993.
SECONDED THE MOTION. THE MOTION CARRIED 3-2.
Councilmember Dietz opposed.
ON THE PRELIMINARY PLAT
BY RESOLUTION TO BE
COUNCILMEMBER HOLMGREN
Mayor Duitsman and
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Elk River City Council Meeting
October 26, 1993
8. Adjournment
There being no further business, COUNCILMEMBER
ADJOURN THE MEETING. COUNCILMEMBER DIETZ SECONDED
MOTION CARRIED 5-0
Page 12
HOLMGREN MOVED
THE MOTION.
The special meeting of the Elk River City Council adjourned at 11:30 p.m.
Respectfully submitted,
~~~
Sandra A. Thackeray )
City Clerk
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