6.15. SR 06-17-1996City of
iver
ITEM 6.15.
MEMORANDUM
FROM:
DATE:
SUBJECT:
Mayor & City Council
Steven B. Ach, City Planner~~_~
June 17, 1996
Consider Ordinance Amendment
Request by City of Elk River, Public
Hearing, Case No. OA 96-2
Issue
The City of Elk River has initiated an ordinance amendment which would
allow commercial and industrial development within the city's urban service
district to occur prior to the availability and hooking up to city water and
sewer.
Overview
Consideration of this ordinance amendment has been initiated in response to
a request from LeFebvre Trucking and Morrell Trucking to relocate their
businesses along the east Highway 10 corridor at 171st Avenue. The
proposed location of the two businesses is within the urban service district
and under the city's current ordinance, development cannot occur prior to the
availability of city water and sewer. Therefore, staff has researched the
options available for the City Council to consider to accommodate these two
businesses' interest in relocating.
The ordinance amendment before the City Council, if approved, would be one
option to allow the businesses to relocate to their prospective site on 171st.
However, amending the ordinance would open all land with the urban
service to development and essentially eliminate the city's growth
management guidelines. As staff has pointed out in previous memos, this
would have a backlashing effect in extending utilities to areas within the
urban service area at a later date. Furthermore, the city attorney has
expressed a concern of whether a binding contract can be entered into
between the property owner and the city which basically requires the
hooking up and]or prepaying of trunk assessments prior to the utilities being
available. In short, amending the ordinance appears to have more
drawbacks than advantages.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
At this juncture, staff would recommend that the City Council consider
another option to accommodate the immediate needs of the trucking
operations. This option would not require the amending of the ordinance,
rather, isolating the two properties by initiating a rezoning from the current
designation of light industrial to a planned unit development designation.
Under this scenario, the planned unit development agreement can be utilized
to outline the terms and conditions for development prior to the availability
of city water and sewer.
This option has been discussed with both trucking firms and they agree with
the rezoning option. The rezoning application can be processed at the same
time as the preliminary plat and conditional use permit which need to be
completed prior to construction.
I have not included any background information as I believe the City Council
understands the purpose of the current ordinance and the difficulties with an
amendment. If the Council have any questions please feel free to contact me
prior to Monday's meeting.
Recommendation
It is recommended the City Council deny Ordinance 96-__ amending the
zoning ordinance which would allow development of commercial and
industrial property within the urban service district prior to hooking up to
city water and sewer.
Staff will recommend a rezoning to planned unit development for the two
trucking operations.
council:oa-96-2
ORDINANCE 96-
CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 900.18
OF THE CITY OF ELK RIVER CODE OF ORDINANCES
SCHEDULE OF DIMENSIONAL REGULATIONS
CASE NO. OA 96-2
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.18 of the Elk River Code of Ordinances is
hereby amended to read as follows:
See Attached Exhibit A
Section 2. That this Ordinance shall take effect and be in full force
from and after the date of its publication.
Passed and adopted this 18th day of March, 1996, by the City Council of the
City of Elk River.
ATTEST:
Henry A. Duitsman, Mayor
Sandra A. Thackeray, City Clerk
s:\document\or dinanc\oa96-2.doc
'~ity of
'Vel'
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and City Council
Steven B. Ach, City Planner~¢~_~
June 17, 1996
Conditions of Planned Unit
Development Agreement
Issue
As will be discussed later on the agenda, staff is recommending that
LeFebvre Trucking and Morrell Trucking rezone their properties to a
planned unit development to accommodate their development interest which
would occur within the urban service district prior to water and sewer being
available. One of the items staff has briefly discussed is using a PUD
agreement to establish certain terms and conditions regarding the future
trunk sewer and water charges, hookup requirements and signing a petition
to waive rights to appeal assessments when utilities are ultimately available.
LeFebvre Trucking's concern at this point is to make sure the City is willing
to build in certain language that will draw some parameters around the
actual amount of the trunk water and sewer costs by including a "not to
exceed" clause or establishing a trunk sewer and water fee with some
percentage increase annually based on some index.
Staff will be prepared to elaborate on this issue at Monday night's meeting.
Action Requested
The City Council is asked to consider establishing some language that can be
incorporated into the planned unit development agreement, or direct staff to
work with the City Attorney and LeFebvre Trucking to come up with some
agreeable language that will protect the City's interest and be satisfactory to
LeFebvre Trucking.
Staff will discuss this issue prior to the Council meeting Monday night and
possibly have acceptable language for the Council to consider at the meeting.
s :\councilXlefebv3.doc
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 553~30 · (612) 441-7420 · Fax: (612) 441-7425
~ity of
'vet
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and City Council
Steven B. Ach, City Planner ~ ,g~
June 17, 1996
Waiving Application and Development
Fees for LeFebvre Trucking
Issue
LeFebvre Trucking has requested the City Council consider waiving all
application and development fees associated with developing their property
on 171st Avenue. The specific fees and amounts that have been discussed
and requested to be waived include the following:
· Conditional Use Permit
(Escrow for consultants)
· Rezoning
· Preliminary Plat
(Escrow for consultants)
$300.00
200.00
250.00
500.00
400.00
SUBTOTAL $1,650.00
· List of property owners within
350' (from County) 82.13
· Surface water management impact fee
(741.60/acre) @ 5 acres 3,708.00
· Sealcoat fee (to be estimated by city
engineer for Ulysses Rd.) 700.00
TOTAL $6,140.13
Action Requested
The City Council is asked to consider waiving the development and
application fees for LeFebvre Trucking. LeFebvre Trucking has asked that
this be on the Council agenda as early as possible, since the costs associated
with the application and development fees are part of their decision to locate
in Elk River.
s:\council\fees.doc
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425