Posted: 4/14/04
By MaryHelen Swanson
A new home for the Family Pathways food shelf and new thrift store in North Branch hangs in limbo as the city council waits for a full board to make a decision on zoning changes that would allow the organization to operate out of what is now Abundant Life Church.
At Monday nightís meeting, considerable discussion centered on the request of Abundant Life for a land use amendment what would change the area where the church now sits from Living Unit 2 to Commercial Business and the zoning from R3 (high density residential) to CBD (central business district).
The church is intending to sell the building to Family Pathways as the church builds a new facility.
But the cityís planning commission recommended a denial of the request saying a change in zoning is not consistent with the spirit and intent of the cityís ordinance. Elm Street, which runs along the front of the church property, has been designated as a buffer between commercial and residential areas, as is 6th Avenue, and the change would move the buffer area, they said.
The PCís concern is that if Family Pathways sells the building in the future, the zoning is there for other commercial uses.
Councilman Rod Lofquist had strong reservations about denying the request because he said Family Pathways is a good organization, but he did move to deny the request following the PCís recommendations.
Councilwoman Kathy Blomquist said a major issue came from neighbors who were concerned about extra traffic.
Steve Martin, director of Family Pathways, dispelled that idea by pointing out the limited number of people that would be coming and going during the week.
Mayor Gloria Karsky didnít feel it would be spot zoning, either because there are already commercial zones on two sides of the property.
After much discussion, a vote by the four-person council to deny the request failed 3-1 with Lofquist the only aye vote.
A vote to approve the request passed, 3-1, but did not pass in reality because planning director Alan Cottingham reminded the council that state law requires a ìsuperî majority to change the zoning, (all four), but only a simple majority to deny it. The request was not approved.
The deadline for acting on the request was up April 18, at which time the request should have become approved by default.
But the council agreed to table the request for two weeks anticipating five members present for another vote. They also extended the time period by 60 days.
In other business, the council:
ï Approved a Conditional Use Permit for United Methodist Church to add on to its building, with the condition that the house on the property not be burned, but removed by other means;
ï Approved the final plat of G & K Plat 3 for 25 single-family homes with the 11 conditions place on it by the planning commission. Councilwoman Blomquist asked that there be a variety in the design of houses to avoid a ìrow houseî look. Developer Jack Kopp noted that the size of the homes will exceed city requirement and that the look of the homes will be different. He pointed to the Schoolside development and said there might be only 2 identical of the 24 homes built there. He plans to sell 10 of the lots in this development and build on 15 of them. Cottingham told the council that split entry and split entry walk-outs are the best type of house to build on the east side of the city where water tables are high. Lofquist said the type of house isnít the issue, and he didnít think the council should dictate the design, but he said, the city just doesnít want a row of identical houses in the development. The vote on the final plat was unanimous;
ï Put in place an interim ordinance prohibiting development in the area included in the AUAR for not more than one year while the city completes a master plan for development of the area. The area, northwest of downtown North Branch, beginning at 400th Street and northward to 410th Street and west to the freeway, has been tagged for a development of residential, commercial and industrial growth. The council also approved seeking requests for qualifications for a developer for the AUAR area and requests for proposals for a land planning firm to work with the city and developer to develop the master plan for this area.
ï Gave approval to Terryís disposal to use the city parking lot along Forest Blvd. for recycling. Terry Flor, owner, has been using it but no official approval was ever given by the city. Flor must have his trucks off the site by 1:30 p.m. each Saturday.
ï Approved the purchase by the police department of 8 automated external defibrillators at a cost of $12,915 and approved the installation of a civil defense siren in the northwest portion of the city. This will make the 5th siren in the city. The cost is $10,900 from Federal Signal Corp. and has been budgeted for 2004.
ï Authorized negotiation of a contract with Time Saver Off Site Secretarial, Inc. for secretarial services to do the minutes of the city council. City Clerk Bridgitte Konrad needs to have more time for other administrative duties. The service will cost about $7,100 per year for city council meetings and work sessions. The 2004 budget was amended to include this cost.
ï Set a public hearing for a tax abatement request from Branch Manufacturing to add a 13,000 square-foot addition to their building. It would add 9 new jobs, they currently have 39 employees. Finance director Dave Stutelberg said the company needs to address the reason why they need the gap financing to make their project go ahead. A 15-year abatement is being considered.
ï Awarded the well contract for Roger Johnson Park to E.H. Renner & Sons and the irrigation system contract to Arc Irrigation Systems. While discussing park improvements, Councilman Lofquist suggested that, due to vandalism at Harder Park, the city consider locking the entrance at night. City Administrator Joe Lynch noted the the problem is that the vandalism is being done by people who enter on foot. Cottingham, who also serves as park director, said he would take the suggestion to the park commission for discussion.
ï Moved to approve a conditional use permit for Steel Structure, Inc., to construct a second building, as recommended by the planning commission, but deny the variance request. Saving trees by having a 40-foot side yard set-back, versus the minimum allowed by ordinance, 50-foot, is not a valid reason for a variance it was decided.
ï During the open forum, heard from resident Theresa Furman about her concerns over ATVs along CR 30. She said twice ATVs nearly ran into her car as she was leaving her driveway and she believes they are destroying vegetation in the ditches. She also said her driveway was being damaged.
ï Received a certificate of commendation that city wastewater operator Cory Bergerson brought back from the Annual Wastewater Conference. The award recognizes exemplary effort in 2003 for compliance with MPCAís permit program.
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