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FROM:
DATE:
ITEM 7.14.
MEMORANDUM
Mayor and City Council
Gary Schmitz, Planning Assistant
March 20,1994
SUBJECT: Conditional Use Permit Annual Review
Issue
By Sherburne County Growers Association
Case No. CU 94-12
Annual review of a conditional use permit received by the Sherburne County Growers
Association to operate an outdoor farmers market in the Jackson Square parking lot.
Location
Jackson Square parking lot at the intersection of Jackson and Main Street.
Attachments
• Site Plan
• Letter from the Applicant
• Letter from the Downtown Business Association
• Minutes from the May 2, 1994, City Council Meeting
Analvsis
On May 2, 1994, the Sherburne County Growers Association received a conditional use
permit to operate an outdoor Farmers Market within the Jackson Square parking lot. A
condition of approval was that a yearly review be conducted by the City Council to
address any concerns that may have arisen throughout the previous season.
In 1994, the Sherburne County Growers Association had a successful year. The Growers
Association noted that due to the high visibility of the site, there was an increased
attendance from the public and a larger more consistent number of vendors participating
from week to week. In 1995, the Growers Association has indicated that if approved,
they plan on starting the Farmers Market the first week in May and operate through the
month of September. The Farmers Market is proposing to be open on Wednesday's and
Sunday's from 12:00 p.m. to 7:00 p.m. The hours of operations and the Wednesday and
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to Mayor and City Council
March 20, 1995
CU94-12
Page 2
• Sunday operating dates are identical to last years request. Seventeen vendors have shown
interest in the site which is an increase from last year.
Attached to this memo is a letter from the Downtown Business Association expressing
their approval of the Farmers Market in the Jackson Square parking lot. Staff is not
aware of any complaints regarding the Farmers Market and the site did not appear to
cause any visible parking problem downtown. There were a few glitches at the beginning
of the season, however, these issues have been worked out and the operation seems to run
smoothly.
St~f Recommendation
Staff recommends approval of the renewal of the conditional use permit by the Sherburne
County Growers Association to operate an outdoor Farmers Market in the Jackson Square
parking lot with the following original 8 conditions:
1. A CERTIFICATE OF INSURANCE NAMING THE CITY AS AN
ADDITIONAL INSURED FOR THE LOT BE SUBMITTED TO THE
CITY.
2. DAYS AND HOURS OF OPERATION BE LIMITED TO WEDNESDAY
• AND SUNDAY FROM 12 NOON TO 7 P.M. EACH DAY.
3. IN THE EVENT THE CITY RECEIVES COMPLAINTS REGARDING
PARKING PROBLEMS DOWNTOWN DUE TO THE FARMER'
MARKET, THE CITY COUNCIL SHALL HAVE THE OPPORTUNITY
TO REVIEW THE CONDITIONAL USE PERMIT FOR MODIFICATION
OR REVOCATION.
4. SIGNAGE BE LIMITED TO AN ON-SITE SIGN DISPLAYED ONLY ON
THOSE DAYS OF OPERATION AND MEET THE 10 FOOT SETBACK
REQUIREMENT.
5. SIGN AREA COMPLY WITH CITY ORDINANCE STANDARDS FOR
SPECIAL EVENTS SIGNS WHICH PERMITS ONE 32 SQUARE FOOT
SIGN.
6. ALL REFUSE DISPOSAL SHALL BE THE RESPONSIBILITY OF THE
FARMER'S MARKET AND THE LOT BE CLEANED AFTER EACH
EVENT.
7. A YEARLY REVIEW BE CONDUCTED BY THE CITY COUNCIL TO
ADDRESS ANY CONCERNS THAT MAY ARISE THROUGHOUT THE
• SEASON.
s:council:cu94-12
Memo to Mayor and City Council Page 3
Mazch 20, 1995
CU94-12
-----------------------------------------
• 8. SHERBURNE COUNTY GROWER'S ASSOCIATION BE RESPONSIBLE
TO REPAIR ANY LANDSCAPED AREAS (INCLUDING SOD) THAT MAY BE
DAMAGED DUE TO CUSTOMERS AND/OR VENDORS.
C,
s:council:cu94-12
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Elk River, Minnesota
February 5, 1995
Elk River City Council
Elk River City Hall
13065 Orono Road
Elk River, M N 55330
Dear Council Members:
The members of the Sherburne County Growers Association are beginning
preparation for the upcoming Market season. At this time we would like to express our
appreciation to the City Council for granting us the conditional use permit to operate
our market in Jackson Square.
The Market grew in its second year. We were able to maintain a larger and more
consistent number of vendors from week to week throughout the summer. The new
location at Jackson Square made us more visible, and the Market Fest Days helped
increase interest in the Farmers Market.
• The Association's first meeting of 1995 will be at the Government Center on Monday,
February 13 at 7:00 P.M. If you have any questions or concerns that you would like us
to address, please contact Bill Kennedy at 441-6924, or Paul or JoAnn Gunderson at
263-2091.
Thanks again!
Sincerely,
>~ •~
Paul Gunderson
Vice President
Sherburne County Growers Association
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~~~ 15, 1995
•
TO WHOM I~T MaaY CONCERN e
Tf-iIS IS JUST A BREIF NOTE ABOUT THE "ELK RIVER FARMER' MARKET">
IN 1904, ITS SECOND YEAR, 7F-IE MARKET MOVED INTO JACKSON SQUARE AND
I,JAS h1UCFd BETTER> THE PARTICIPATION FROM THE GROWERS WAS BETTER AND
THE PUBLIC RESPONDED WITH MUCH BETTER PATRONAGEe
SPEAKING FOR THE DOWNTOWN RETAILERS, I WOULD LIKE TO COhiMEND THE
GROWERS FOR A FINE JOB LAST YEAR AND LOOK FORWARD TO WORKING WITH
THEM AGAIN IN 1995.
JIM MULROY
SNYDER DRUG OF ELK RIVER
•
•
• COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 94-4 AN ORDINANCE
AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY
FROM I-1 /LIGHT INDUSTRIAL TO R-3/TOWNHOUSE/MULTI-FAMILY RESIDENTIAL.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
8.3. Consider Conditional Use Permit reauest for Farmer's Market in Jackson Sauare by
Sherburne County Grower's Association/Public Hearing CU-94-12
City Planner, Steve Ach, indicated that the Sherburne County Growers
Association are requesting a conditional use permit to operate a farmers market
in the Jackson Square parking lot. Steve Ach indicated that last year the
Farmer's Market received a conditional use permit to operate the market in the
municipal parking lot between King and Jackson Avenue. The intention is to
relocate the market to the Jackson Square parking lot.
Bob Minton, Planning Commission Representative, indicated that the Planning
Commission recommended approval of the request.
Mayor Duitsman opened the public hearing. There being no one for or against
the matter, Mayor Duitsman closed the public hearing.
COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUESTED BY THE SHERBURNE COUNTY GROWERS ASSOCIATION TO ALLOW THE
OPERATION OF A FARMER'S MARKET AT THE LOCATION OF THE JACKSON SQUARE
PARKING LOT WITH THE FOLLOWING STIPULATIONS: ~
1. A CERTIFICATE OF INSURANCE NAMING THE CITY AS AN ADDITIONAL
INSURED FOR THE LOT BE SUBMITTED TO THE CITY.
2. DAYS AND HOURS OF OPERATION BE LIMITED TO WEDNESDAY AND SUNDAY
FROM 12 NOON TO 7 P.M. EACH DAY.
3. IN THE EVENT THE CITY RECEIVES COMPLAINTS REGARDING PARKING
PROBLEMS DOWNTOWN DUE TO THE FARMER'S MARKET, THE CITY COUNCIL
SHALL HAVE THE OPPORTUNITY TO REVIEW THE CONDITIONAL USE PERMIT
FOR MODIFICATION OR REVOCATION.
4. SIGNAGE BE LIMITED TO AN ON-SITE SIGN DISPLAYED ONLY ON THOSE DAYS
OF OPERATION AND MEET THE 10 FOOT SETBACK REQUIREMENT.
5. SIGN AREA COMPLY WITH CITY ORDINANCE STANDARDS FOR SPECIAL
EVENTS SIGNS WHICH PERMITS ONE 32 SQUARE FOOT SIGN.
6. ALL REFUSE DISPOSAL SHALL BE THE RESPONSIBILITY OF THE FARMER'S
MARKET AND THE LOT BE CLEANED AFTER EACH EVENT.
7. A YEARLY REVIEW BE CONDUCTED BY THE CITY COUNCIL TO ADDRESS ANY
CONCERNS THAT MAY ARISE THROUGHOUT THE SEASON.
8. SHERBURNE COUNTY GROWERS ASSOCIATION BE RESPONSIBLE TO REPAIR
ANY LANDSCAPED AREAS (INCLUDING SOD) THAT MAY BE DAMAGED DUE
TO CUSTOMER AND/OR VENDORS.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
8.4. Consider a reauest by Sherburne County Grower's Association to Ooerate a
Farmer's Market at Elk River Mall
Steve Ach, City Planner, indicated that the Growers Association are requesting
permission to operate an outdoor farmer's market at the Elk River Mall. The
vendors would utilize one row of parking spaces to sell their wares.
COUNCILMEMBER SCHEEL MOVED TO APPROVE THE SHERBURNE COUNTY GROWERS
ASSOCIATION'S REQUEST TO OPERATE AN OUTDOOR FARMER'S MARKET WITHIN THE
ELK RIVER MALL PARKING LOT WITH THE FOLLOWING CONDITIONS:
1. SIGNAGE BE LIMITED TO ONE 4 X 8 SIGN TO BE PLACED EITHER ALONG
HIGHWAY 169 OR FREEPORT AVENUE, AND THE SIGN BE DISPLAYED ONLY ON
THOSE DAYS THE MARKET IS IN OPERATION.
2. FARMERS MARKET BE ALLOWED TO OPERATE EVERY FRIDAY FROM 2:00 PM TO
6:00 PM, FROM MAY THROUGH OCTOBER PER THE LETTER DATED APRIL 6,
1994, FROM KIM PASTURE OF THE ELK RIVER MALL.
• 3. FARMERS MARKET BE LIMITED TO THOSE PARKING STALLS IMMEDIATELY
~ ADJACENT TO THE LANDSCAPE ISLAND AS ILLUSTRATED ON THE SUBMITTED
SITE PLAN.
4. IN THE EVENT PARKING PROBLEMS ARISE DUE TO THE FARMERS MARKET, THE
CITY COUNCIL HAS THE OPPORTUNITY TO REVIEW THIS REQUEST FOR
NECESSARY MODIFICATIONS AND POSSIBLY HAVING TO TERMINATE THE
OPERATION.
5. A YEARLY REVIEW BE CONDUCTED BY THE CITY COUNCIL TO ADDRESS ANY
CONCERNS THAT MAY ARISE THROUGHOUT THE SEASON.
6. ALL REFUSE DISPOSALS SHOULD BE THE RESPONSIBILITY OF THE FARMERS
MARKET AND/OR THE ELK RIVER MALL, AND THE AREA BE CLEANED AFTER
EACH EVENT.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
8.5. Consider Final Plat for Freeport Financial Center by Dennis Chuba P 93-11
Steve Ach, City Planner, indicated that Dennis Chuba is requesting final plat
approval of a 9,000 square foot office building at the corner of Freeport Avenue
and Main Street. The building will be sold or leased to 5 individual tenants. Lots
1,2,3,4, and 6 represent tenant spaces within the building while Lots 5 (Courtyard)
and 7 (parking area) will be made part of the Freeport Financial Center
Association.