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EDA Agenda 04-13-2011EDA MEETING Wednesday, April 13, 2011 6:00 p.m. Mississippi - 505 Walnut Street, Monticello, MN Commissioners: President Bill Demeules, Vice President Bill Tapper, Treasurer Tracy Hinz, Bill Fair, Matt Frie, and Council members Tom Perrault and Brian Stumpf Staff: Executive Director Megan Barnett 1. Call to Order 2. Approve Meeting Minutes: a. March 9, 2011 3. Consideration of additional agenda items 4. Approval of EDA Invoices 5. Consideration of authorizing Ehlers and Associates to complete an in depth review of TIF District 1 -22 and complete records retention for districts 1 -23 — 1 -36 6. Discuss consideration by the City Council of an update relating to the Monticello Zoning Code regulations for Adult- Oriented Land uses 7. Marketing Update 8. Director Report 9. Proceed to closed session to consider purchasing properties by the EDA 10. Consideration of accepting Mr. John Chadwick's counter offer for the purchase of his 13.6 acre parcel legally referred to as PID 15517100006 11. Adjourn Economic Development Authority Minutes 03/09/11 MINUTES ECONOMIC DEVELOPMENT AUTHORITY (EDA) Wednesday, March 9, 2011- 6:00 p.m. Commissioners Present: President Bill Demeules, Treasurer Bill Tapper, Bill Fair, Tracy Hinz, Matt Frie, and Council Members Tom Perrault and Brian Stumpf Staff: Executive Director Megan Barnett- Livgard, Finance Director Tom Kelly Call to Order President Bill Demeules called the meeting to order at 6 p.m. and welcomed Matt Frie as the EDA's newest member. 2. Approve Meeting Minutes BRIAN STUMPF MOVED TO APPROVE THE FEBRUARY 9, 2011 MINUTES. MOTION WAS SECONDED BY BILL TAPPER. MOTION CARRIED 7 -0. 3. Consideration of additional agenda items None 4. Approval of EDA Invoices None 5. Presentation by Ehlers and Associates Bruce Kimmel, representing independent public finance advisors Ehlers and Associates, provided an overview of Tax Increment Financing (TIF) in general and outlined Monticello's specific TIF Districts. He noted that TIF is a powerful economic development tool that allows the capture of incremental new taxes from new development within a specific area for a specific amount of time without requiring the approval of other jurisdictions. He explained how TIF is calculated and described some of the benefits of timing development and pooling funds through the use of TIF Districts. He presented a map of TIF District locations within the overall project area and briefly noted the status of each district. Monticello has 13 active TIF Districts throughout the City: four redevelopment, four housing, and four economic development districts and one renewal and renovation district. There were many questions about TIF restrictions, obligations, risk, shortfall agreements, options for repayment and utilization of increments. There was discussion about the "but for" criteria in establishing TIF Districts and the importance of continued communication with developers. Economic Development Authority Minutes 03/09/11 Staff commented on the value of the JOBS bill which gives more flexibility to use TIF funds and speculated as to consequences of possible extension or expiration of the bill. TIF fund balances would likely be utilized to potentially purchase property in the downtown area based on the recommendations of the Embracing Downtown Monticello concept plan currently underway. TIF Districts will continue to be monitored for potential opportunities and/or decertification. 6. Request by J. Edwin Chadwick asking the EDA to purchase 13.6 acres of residentially zoned Property located adjacent to the Monticello Business Center The EDA discussed this land acquisition request at their February meeting. After quite a bit of discussion regarding the merits for purchasing the property a tie vote was cast and therefore no action was taken. The EDA directed the item be placed on the March agenda when a new EDA member would be present. Staff recommended that the EDA discuss possible land acquisition related to the 13.6 acres of residentially zoned property located adjacent to the Monticello Business Center in a closed meeting. BILL FAIR MOVED TO PROCEED TO A CLOSED MEETING TO DISCUSS LAND ACQUISITION ISSUES AFTER THE EDA MEETING. MOTION WAS SECONDED BY BILL TAPPER. MOTION CARRIED 7 -0. Discuss 2011 EDA Work Plan Staff noted that the work plan is based upon emerging EDA priorities as well as those identified within the Comprehensive Plan. The EDA was invited to provide input to further shape the work plan into a useful guide for 2011. Staff pointed out that some of the larger issues included in the work plan involve implementing the Embracing. Downtown Monticello Project, supporting the work of the Transportation Advisory Committee; and working with the IEDC to explore the development of a new industrial park in the community. The EDA noted the importance of providing both jobs and a skilled, local labor force within the community. There was discussion about changing the focus from community colleges to technical colleges in an effort to establish a training program to educate local workers in the skill areas that are needed. Staff also pointed out that it would be an option to focus on attracting a certain tier of data centers to Monticello. There were questions about possible assistance for distressed housing. Staff noted that, at this time, there are no major grants available for this purpose. She indicated, however, that the Building Department actively tracks and follows up on foreclosures in the City. Economic Development Authority Minutes 03/09/11 BILL TAPPER MOVED TO APPROVE THE PROPOSED 2011 EDA WORK PLAN WITH MODIFICATIONS RELATED TO PROVIDING A SKILLED WORKFORCE, ATTRACTING NEW BUSINESSES, AND REVISED WORDING FOR THE HRA. MOTION WAS SECONDED BY BILL FAIR. MOTION CARRIED 7 -0. Staff agreed to review the work plan periodically throughout the year. 8. Marketing Update 0 a. Conferences It is anticipated that staff could attend additional conferences and tradeshows for approximately the same budgeted cost ($11,000) as last year as a result of partnering opportunities with Positively Minnesota. Monticello would likely partner for Medical Design & Manufacturing and LifeScience Alley tradeshows and host its own booth at the WindPower, the MNCAR, and the MN Real Estate Journal- Land Development tradeshows. Staff also reported that it would be useful to again attend the out -of -state CoreNet Global Summit and agreed to bring details back to the EDA about that tradeshow later in the year. b. Website No report i 4 , W C. Billboards The City of Monticello has a rare opportunity to capitalize on billboard space on the land it owns along I -94 and the Highway 25 intersection (east and west). The City negotiated a lease agreement with Lamar Advertising that includes utilizing two of the signs for three years of billboard space for the City at a significant reduction in cost. The EDA would utilize their new marketing materials on the billboard twice a year. The target audience would be business commuters from St. Cloud to Maple Grove (or the Twin Cities) and CEO's traveling from the cities to Monticello and westerly. BILL TAPPER MOVED TO APPROVE $11,000 OF EDA MARKETING DOLLARS FOR TRADESHOWS /CONFERENCES AND $1,000 FOR BILLBOARDS FOR 2011. MOTION WAS SECONDED BY BILL FAIR. MOTION CARRIED 7 -0. Transportation Advisory Committee a. Request a member to serve on committee Staff briefly summarized the purpose of the Transportation Advisory Committee. Bill Tapper agreed to serve as the EDA liaison on the Committee. Economic Development Authority Minutes 03/09/11 10. Director Report The Director Report was included as part of the agenda packet submitted to the EDA. Staff briefly summarized the Adult Use zoning ordinance that the Planning Commission is working to amend. Bill Tapper noted that new business, All Elements, was reported to have been pleased with its dealings with the City as it sought to establish its business in Monticello. 11. Adjournment BILL TAPPER MOVED TO ADJOURN THE MEETING AT 7:35 PM. MOTION WAS SECONDED BY BRIAN STUMPF. MOTION CARRIED 7 -0. Recorder: Kerry T. Burri _ Approved: April 13, 2011 Attest: Megan Barnett - Livgard, Executive Director 4. APPROVAL OF INVOICES: a. WSB & Associates $4,533.00 *2nd half of Shovel Ready Application survey/engineering requirements b. I-94 Corridor Coalition $5,624.00 *I-94 Corridor Coalition 2011 membership c. McComb Group $18,167.22 *Embracing Downtown Study ($111,360 has been spent on the project to date, plus the $59,000 retainer) c CL d oa m �� c c.� O z ,.x U t U d F Q r� V L I O ^O C U I i O O o 0 Qdy _dyy "O "G 3 3 3 N N N N d Ga O\ N �� c V dr N 0 0 N M O O N un CIO U O � O z ,.x U t U d F Q r� V L I O ^O C U I i O O o 0 Qdy _dyy "O "G 3 3 3 N N N N A& WSB cQ A.ewclntes, Inc , EnOlneerin0 I Planning 1 Environmental I Censtruotion City of Monticello Attn: Megan Barnett 605 Walnut Street, Suite 1 Monticello, MN 56362-8831 February 24, 2011 Project No: 01494-390 Invoice No: 2"' s Otter Creek Crossing ALTA Survey and Phase 1 701 Xenia Avenue South Suite 300 Minneapolis, MN 66416 Tel: 763-541-4800 Fax: 783-54.1-1,700•- 1 7 Professional Services from January 01, 2491 to January 31, 2011 MAR — 3 2011 Professional Personnel Project Management/Coordination Bisson, Shlbani Koenen., Jeremy Environmental Documents Bergen, Heather Bisson, Shlbani Moffatt, Andrea Wallerstedt, Jamie Whittington, Michael Survey Drawing Helder, Peter Totals Total Labor Billing Limits Total Billings Limit Comments: Hours Rate Amount ry .50 121.00 60.60 ,50 B6,00 43,00 3.50 56.00 196.00 2.00 121.00 242,00 2.00 126.00 252.00 4,50 96.00 432.00 18.00 105.00 1,890.00 13.60 105.00 1,417.50 44.50 4,533.00 4,533.00 Current Prior To -Date 4,533.00 4,536.50 9,069.60 9,069.50 Total this Invoice $4,533.00 Approved by: QkL Reviewed by: Bret Weiss Project Manager: Shlbani Bisson Minneapolis I St. Cloud Equal Opportunity Employer 9 0 0 U 0 0 v U v a. 0 0 C7 0 0 U 15 N M N H 0 O � N N z O N N x G A o A v d U NN wo wo 'n N U C-4 0 0 O 1n vl Oyo W L O E CL U A z a cqs O•^`• U . • 3 0 CIJ® Ei o0 �= ® 0 U tom. 9 0 0 U 0 0 v U v a. 0 0 C7 0 0 U 15 N M N H 0 N � N N � O N N m G A o A U NN wo wo 'n N CD N 0 0 O 1n vl Oyo W L O E O U z a cqs U cd 3 9 0 0 U 0 0 v U v a. 0 0 C7 0 0 U 15 N M N H 0 N � N N O O N N m o A o A wo wo 5 0 0 1n vl Oyo W N N 9 0 0 U 0 0 v U v a. 0 0 C7 0 0 U 15 N M N H 0 N � N p M m o A o A wo wo 5 0 0 a 3 0 A Ei o0 o O U tom. o E U W 9 0 0 U 0 0 v U v a. 0 0 C7 0 0 U 15 N M N H I-94 Corridor Coalition 21370 John Milless Drive, PO Box 95, Rogers MN 55374 763.428.2921 INVOICEa, March 1, 2011 Megan Barnett City of Monticello EDA 505 Walnut Street Monticello MN 55362 Coalition Membership $5624.00 Total Due: $5624.00 Method of Payment Check (payable to 1-94 Corridor Coalition Amount Enclosed: $ Mastercard Visa Card Number: tzn' MAR — 7 2011 l. 't ,(,month/year) Authorized Signature: Thank you for your support of the 1-94 Corridor Coalition. i oio MCCQMB GROUP Ltd. 0011 RETA I L ECSO N S U LTANTS March 4, 2011 Statement #3903 CITY OF MONTICELLO 505 Walnut Street Monticello, Minnesota 55362 Attention: Ms. Megan Barnett STATEMENT --- RE: Previous Balance Payments Received EMBRACING DOWNTOWN MONTICELLO STUDY Professional Services McComb Group, Ltd Economic Development Services, Inc. Architectural Consortium L.L.C. Westwood Professional Services Subtotal Total This Statement BALANCE DUE Retainer Balance $ 59,000.00 Statements for each firm are attached. $ 51,527.90 $ 51,527.90 $ 3,319.25 1,572.81 2,474.66 10,800.50 $ 18,167.22 $ 18,167.22 t-JD�� " � ,167.22 9 RL MAR -8 2011 x 222 South Ninth Street Suite 380 Minneapolis, Minnesota 55402 • (612) 339-7000 Fax: (612) 338-5572 00o MCCOMB GROUP, Ltd. O ❑D❑ RETAAI L ECSON SULTANTS March 4, 2011 Statement #3903A CITY OF MONTICELLO 505 Walnut Street Monticello, Minnesota 55362 Attention: Ms. Megan Barnett STA TEM NT -- RE:EMBP�ACDIG DOVv NTO`JJN-MONTICELLO STUDY Previous Balance Payments Received Professional Services James B. McComb Linda Oie Susan M. Nache Subtotal Expenses Mileage Computer Report Production Subtotal $ 20,929.00 $ 20,929.00 6.50 hrs. @ $ 275 $ 1,787.50 9.00 hrs. @ $ 150 1,350.00 0.75 hrs. @ $ 100 75.00 $ 3,212.50 $ 46.00 49.50 0.25 hrs. @ $ 45 11.25 0 1 nK -rc Total -This Statement $ 3,319.25 BALANCE DUE $ 3,319.25 Terms: Net ten days. Interest (at a rate of 1.5 percent per month) will be charged on all balances outstanding at the end of the month. 222 South Ninth Street Suite 380 Minneapolis, Minnesota 55402 • (612) 339-7000 Fax: (612) 338-5572 Ecomomic Development 5ervicco March 2, 2011 James B. McComb, President McComb Group, Ltd. 222 South Ninth Street Suite 380. Minneapolis, MN 55402 Invoice Embracing Downtown Monticello Professional Services at $135/hour for January 2011 Alternatives (8.25 hr) Project Management/team & staff coordination (2.75 hr) Communication (.25 hr) Expenses (106 miles@ $.51) Total Please make checks payable to Economic Development Services, Inc. 3109 West 50°i St, #204 Minneapolis, MN 55410 (612)925-2013 fax (612)925-2942 email; jking@econdevelop.com $1,113.75 371.25 33.75 54.06 $1,572.81 Z h D "U, 'March 4., 2011 McComb Group Ltd.. 222,SouthNinth Street, Suite 380 Minneapolis, MN 55402 -Attu: Jim McComb Project: Downtown Monticello Architectural Consortium LLC PioJect # 10-1068-01 Invoice 46 Billing Period; February I- March 3, 201.1 ARCHITECTURAL DESIGN SERVICES Basic Seivices: Team meeting to review plan options Team meeting to review presentation Meeting with staff Site forces :diagram Feedback meeting with staff Atchitectural fees; $2,400.00 Reimbursable Expenses: Copies $8.40 Sales tax, @7.75 % $.26 Mileage U&M TOTAL DUE $ 2i4.74.66 Payment due within 30 days of receipt of invoice Thank You, Payable to, Architectural Consortium L1.,C 90.1 North Third Street, Suite 220 Minneapolis, MN 55401 Attn: Kathy Anderson l`O�^r Westwood Professional Services INVOICE CE 7699 Anagram Drive Eden Prairie, MN 55344 MAI 7-5150 W TOLL 952-9388-937 FAX 952937-5822 TOLL fflEE 1-888-937-5150 EMAIL wps®wesiwoodpS.corn Westwood www.weatwoodps.com February 17, 2011 McComb Group, Ltd. Project No: 20101228.00 Attn: James B. McComb Invoice No: 1101235 222 South Ninth Street, Ste.#380 Minneapolis, MN 55439 Professional Services from January 01 2011 to January 29,_2011 Project McComb Group/Monticello/Downtown Revitalization Plan For Professional Services provided per our. agreement. Task 2020 Project Management & Coordination Service Hours Rendered Amount 1.50 262.50 Total this Task $262.50 Task 2500 Transportation Data Collection Task 2520 Traffic Issues Analysis Task 2700 Alternative & Refined Plans Service Hours Rendered Amount 1.50 262.50 Total this Task $262.50 Service Hours Rendered Amount 6.00 720.00 Total this Task $720.00 Service Hours Rendered Amount 59.50 8,657.50 ESTARLISHED IN 1972 ARIZONA COLORADO MINNESOTA KANSAS OREGON TEXAS Interest will accrue at 1.25% per month on Invoices over 30 days Task 2900 Client Meetings Total this Task $8,657.50 Service Hours Rendered Am 4.00 100x Total this Task $700.00-' Task 9999 Reimbursable Expenses Reimbursable Expenses Reproductlons/Photos 198.00 1/2712011 Large Format Color Copies 198.00 198.00 Total Reimbursables Total this Task $198.00 Total this Invoice $10,804.50 Thank You. /ay ESTAWSI•IEU IN 1972 ARIZONA --.— O MINNESOTA KANSAS OREGON TEXAS Paget interest will accrue at 125% per month on invoices over 30 days 5. CONSIDER AUTHORIZING EHLERS AND ASSOCIATES TO COMPLETE AN IN DEPTH REVIEW OF TIF DISTRICT 1 -22 AND COMPLETE RECORDS RETENTION FOR DISTRICTS 1 -23 —1 -36. A. REFERENCE AND BACKGROUND: District 1 -22: TIE District 1 -22 is one of the City's largest and most cumbersome TIE districts. As part of the 2009 TIE Management Plan completed by Northland Security, it was identified that this district needs to be further analyzed and ultimately decertified. The district has since passed its four and five year knock down rules, thus significantly limiting the City's ability to utilize dollars within this district. It should be noted that there is approximately a two million dollar fund balance in district 1 -22. However, the district is still subject to outstanding obligations that will need to be paid as part of a decertification strategy. Due to the fact there is a substantial amount of potential "surplus" funds, staff would like Ehlers to complete an in -depth review of the district to determine how much surplus the EDA could pool and utilize for a project, what types of projects would qualify, and what amount the EDA will need to decertify. Ehlers and Associates is proposing to charge $195 per hour at a maximum fee of $1,500 to complete the review and outline a definite strategy. Attached is a proposal from Bruce Kimmel. Records Retention: In 2008, Ehlers completed a records retention project to organize a majority of the City's TIF files. As part of the project, City Staff also went through and completed organization of some of the TIF record books. However, staff time is very limited and to date the records retention project has still not been completed. In order to finalize the TIE records retention project staff is requesting Ehlers complete the last six districts. Ehlers is proposing a maximum cost of $5,000. This fee can be accounted as an administrative charge to one of the districts. The proposed cost of the records retention project will not affect the EDA's budget. The project is needed in order to get past staff and consulting files aligned to ensure we have all proper documentation per district. Furthermore, it is critical to have TIE files in compliance in the event the City would be subject to a State TIE audit. B. STAFF RECOMMENDATION: City staff recommends moving forward with both projects. The proposed $5,000 EDA 4.13.11 and $1,500 fees are very minimal compared to the expected results. Furthermore the fees can be charged to applicable TIF districts as administrative fees and therefore will not affect the EDA's general fund. City Staff would request Ehler's complete district 1 -22 review in a two months time frame. It is time for the EDA to clean up and decertify TIF 1 -22. The EDA and City would greatly benefit from determining administrative pooled funds, identifying an eligible project, paying off obligations, and then decertifying the remaining balance. Decertifying will also assist in getting properties back onto the tax rolls for 2012. Ehler's proposal will assist the EDA in achieving these objectives and could be a financial tool for future downtown redevelopment. City staff plain and simply does not have time to finish the records retention project that was started in 2008. There are many files that are duplicates and other situations where documents are missing. Completing this project will greatly assist future reference to the City's TIF districts and is key in keeping the files in compliance with State regulations. C. ALTERNATIVE ACTION: 1. Motion to approve authorizing Ehlers and Associates to complete an in depth review and defined strategy for TIF District 1 -22 and complete record retentions for districts 1 -23 through 1 -36. 2. Motion to deny moving forward with the in depth review of TIF District 1 -22. 3. Motion to deny moving forward with the record retention project for districts 1- 23 through 1 -36. 4. Motion to table for further action. D. ATTACHMENTS: 1. Ehler's proposal April 7, 2011 Ms. Megan Bamett- Livgard, Economic Development Director City of Monticello and Monticello EDA 505 Walnut Street Monticello MN 55362 Re: Proposal to Provide TIF Advisory Services Dear Ms. Barnett: On behalf of Ehlers, we are pleased to present this proposal to provide TIF advisory services to the City of Monticello and the Monticello EDA. Specifically, this proposal is in response to your interest in potentially hiring Ehlers to assist the City/HRA with two projects: 1. An updated analysis of TIF District 1 -22, culminating in a detailed District action plan; and 2. Completion of the TIF district and project record management project that we worked on in 2008. TIF District I -22: In March 2010, Ehlers analyzed and summarized City/EDA options for the future use of its Downtown Redevelopment TIF District 1 -22. The 2011 engagement will pick up where the 2010 analysis left off, updating the financial information and revising the "general strategy" options in advance of the EDA's completion of its Downtown Revitalization Study. Ehlers will then work with the EDA to develop a specific TIF District 1 -22 action plan, informed by both the updated fiscal analysis and the policy objectives identified in the Revitalization Study. The targeted outcome is a definitive, detailed plan, endorsed by the EDA and City Council that uses District resources wisely and eliminates the need to revisit any further the District's status and options. Ehlers proposes to invoice our time on an hourly basis, at our standard rate of $195 per hour, up to a maximum of $1,500 for the TIF 1 -22 analysis / strategy update. Our costs after that update will depend on the Revitalization Study outcomes and how the City and EDA want to incorporate them into the specific TIF 1 -22 action plan. The $1,500 maximum is inclusive of all costs, and we will not incur any costs above the maximums stated above without your written consent. Finally, the City/HRA has the ability to pay these (and any other TIF management costs) from its existing TIF administrative funds. TIFDistrict and Project Record Management: In December 2008, Ehlers completed a comprehensive reorganization of the City's records relating to TIF Districts 1 -1 through 1 -22 and the development projects that occurred within each district. This project included creating completely new district and project binders and ensuring that the City possessed all documentation required for a TIF audit or other examination. The City would now like Ehlers to overhaul its files relating to Districts 1 -23 through 1 -36. Based on the cost of the 2008 project, and assuming efficiencies from having completed previously TIF file reorganizations, Ehlers proposes to invoice our time on an hourly basis, at our standard rate of $195 per hour, up to a maximum of $5,000. The terms stated for the TIF 1 -22 project apply here, as well. Thank you for your consideration of our proposal. We hope to work with you on these important efforts. Sincerely, Bruce Kimmel Financial Advisor EHLERS LEADERS IN PUBLIC FINANCE Todd Hagen Financial Advisor www.ehlers- inc.com Minnesota phone 651- 697 -8500 3060 Centre Pointe Drive Offices also in Wisconsin and Itlinois fax 651- 697 -8555 Roseville, MN 55113-1122 toll free 800- 552 -1171 EDA Agenda: 04/13/11 6. Consideration of an update relating to the Monticello Zoning Code reputations for Adult - Oriented Land Uses. (AS/NAC) A. REFERENCE AND BACKGROUND: A review of language pertaining to Adult- Oriented Land Uses was included within the base project scope of the recent comprehensive amendment to the Monticello Zoning Ordinance. In a long series of legal cases, adult entertainment and arts- related activities have come under the protection of the "Free Speech" clause of the first amendment. For this reason, the City has limited ability to regulate adult- oriented uses and must provide opportunity for their location. As such, the purpose of the City's adult use regulations is to provide for the establishment and operation of adult uses within the City while providing controls which limit negative impacts upon residential and commercial areas. In updating of the zoning code language for adult -uses, it was found that the City needed to complete a more detailed inventory analysis related to land area available for adult uses. This was due mainly to changes to the City's overall land area and boundaries, and the inability to include Xcel Energy's large I -2 zoned area within the area available for adult uses. These changes have raised the need to adjust zoning allowances and buffer distances to ensure that the ordinance continues to meet legal standards in this area. Consideration on how best to structure amendments to the zoning ordinance for Adult Uses relative to the land use analysis is underway by the Planning Commission. It is important that the City carefully construct its adult -use ordinance in order to minimize the potential for legal challenge of the code, which could ultimately result in the complete negation of the zoning ordinance. While the City completes the Adult- Oriented Land Use regulation amendment process, the City Attorney recommended an interim ordinance prohibiting the siting of new adult uses within the community. A moratorium ordinance was enacted by the Council on February 101 2011 to allow adequate time for review and development of ordinance language. The EDA should be aware of the legal basis for the Planning Commission and Council's decision - making regarding adult uses as both the previous and current code allow adult -uses within the industrial zoning districts. The location of adult -uses within industrial areas is common throughout the country and is primarily due to the fact that industrial land areas provide the largest contiguous amounts of land area that can be made available to these types of uses, with the least intrusion by buffering from "sensitive areas" such as schools, religious institutions, etc. Generally, the ordinance changes being considered by the City will not alter or impact the basic nature of industrial uses in the I -1 or I -2 areas. Rather, the code amendments will serve to balance the need to provide available land for adult- oriented uses while mitigating their impacts on surrounding land uses. EDA Agenda: 04/13/11 On April 5th, the Planning Commission reviewed two primary ordinance amendment alternatives relating to Adult- Oriented Uses. The first option utilizes the traditional 5% threshold approach. Five percent is a de facto percentage established as an appropriate level of available land area thorough a series of court cases. This approach is likely the "safest" approach, in regard to being able to defend the City's ordinance from a legal challenge. With a 275 foot buffer from sensitive uses, the current land use pattern would yield 5.07% of the City's net usable land area to the potential for adult uses. To follow this approach, the City would need to make the following changes: 1. Amend the I -1, Light Industrial District to add adult- oriented uses as a permitted use, with the same conditions in the I -2 district. 2. Amend the regulations to provide that no parcel with frontage on I -94 would be eligible for an adult- oriented use. This amendment is intended to avoid the highest profile properties advertising such activities to the passing public. 3. Change the regulations to provide for a buffer distance of 275 linear feet, reduced from the current 700 feet. 4. Retain all other regulations as currently adopted. This approach assumes that the City will not want adult- oriented uses abutting the freeway, and calculates the opportunity area with this assumption. To accomplish this, an additional restriction would need to be added to the I -1 District which specifically prohibits their location on freeway- abutting parcels as a basic zoning restriction. To do this, the City would need to restructure its current two industrial districts into three districts. In short, task 2 above would be divided into the following subtasks: a. Create a new "I -3, Freeway Industrial District" which mirrors the uses in the original I -1, with no adult- oriented uses. b. Rezone properties with freeway exposure to the I -3 District (which has the effect of leaving them in the same position they are now). This is the preferred approach of the City Attorney's office. However, staff was concerned that the creation of a new base zoning district, changes to the current base district, and rezoning of several parcels would be confusing to the property owners, and cumbersome to administer. As a result, a second option was developed that relies on the "number of eligible adult- oriented parcels" approach which has been upheld in some of the cases cited by the Attorney. The second approach essentially creates a buffer of variable distance by establishing an ordinance that allows adult- oriented uses only on parcels that don't abut sensitive use parcels, EDA Agenda: 04/13/11 overlaying portions of both the I -1 and I -2 Districts. Thus, the I -1 and I -2 Districts would provide for the opportunity for adult- oriented use on parcels that do not share a common property line with parcels zoned or used for residential, school, park, or have exposure to the interstate freeway. The net result of this approach would be a percentage of about 4% of the City's total area, and total number of as many as 45 separate parcels available. The City Attorney's office endorses this approach as being consistent with cases where restrictions have been successfully defended. Steps to accomplish this approach include mapping a specific area, rather than just relying on a buffer distance to define the potential area. Moreover, this approach would not change over time — a benefit in that it is more predictable, but potentially negative if the City does not monitor the introduction of new uses — such as a commercial daycare operation — into the district. To implement this approach, the Planning Commission would need to do the following: 1. Remove adult- oriented uses as a permitted use from the I -2 base district language. 2. Amend the current adult use regulations to stand alone as a separate overlay zoning district, with the chosen overlay district title. 3. Map and adopt the overlay district for the designated area. This approach ends up being least disruptive to current property owners. The permitted uses of the base district do not change significantly, and nobody would need to have their property rezoned to reflect district language changes. The Planning Commission recommended the second alternative, the creation of a Special Uses Overlay, to the City Council. The Planning Commission cited this approach as less disruptive to existing property owners and the potential for ease of administration and modification as the City grows. The Planning Commission's recommendation will go forward to the City Council on April 25`h To follow is additional general information for the EDA regarding Adult- Oriented Land Uses, and the legal underpinnings of zoning related to these uses. The information has been assembled from research prepared by Northwest Associated Consultants and Campbell Knutson. ALTERNATIVE ACTIONS: No specific action is required by the EDA. The information is provided to for informational purposes. Again, the ordinance changes being considered by the City will not alter or impact the basic nature of industrial uses permitted in the I -1 or I -2 areas. EDA Agenda: 04/13/11 QUESTION & ANSWER: ADULT USE ORDINANCE Q.1. Why does the City have an ordinance that allows these uses? A.I. In a long series of legal cases, entertainment and arts - related activities have come under the protection of the "Free Speech" clause of the first amendment — perhaps more descriptively thought of as "Free Expression ". As a form of expression with First Amendment protection, the City has limited ability to regulate adult- oriented uses. Q.2. Doesn't creating an ordinance allowing adult uses encourage their location in the community? A.2. Probably not. Purveyors of adult entertainment base their location decisions like any other business. These types of uses are allowed by nature of their first amendment protection — not having regulations would diminish the City's ability to manage where they go in the community. Q.3. Why don't we create an ordinance thatprohibits these uses? A.3. The courts have made it clear that such ordinances are unconstitutional as an illegal constraint on expression. If a City is found to have such an ordinance under a legal challenge, a court would throw out the City's code, and the adult use would have free rein to locate where they wish, without the City's ability to manage the impacts of the use. Q.4. Can we create an ordinance that includes these uses as potentially allowed, but limits their location in such a way that effectively zones them out of the City? A.4. No. This would be called a "pretextual" ban — the City may regulate certain aspects of these uses, but may NOT have an ordinance that effectively bans them under the guise of "regulation ". A court would treat this type of ordinance the same as an outright prohibition. Q.5. Well then, what kinds of regulations can we adopt? A.5. In the area of speech regulation, the City typically has the ability create what are commonly called "time, place, and manner" regulations. As a general rule, the City may not discriminate by the content of the speech, nor may it discriminate by the identity of the speaker. However, the City can place non - discriminatory restrictions based on location, or on the style of delivery of a message, or on the duration or timing of a message in the protection of public health, safety, and welfare. In addition, the City may prohibit "obscene" speech. Thus, an adult use establishment which is otherwise properly located may be prohibited from displaying messages that are judged to be obscene. Q.6. What do you mean by `properly located "? A.6. A number of US Supreme Court cases have addressed this issue. The most relevant is City of Renton, WA v. Playtime Theatres, a case that arose in Renton, Washington over a EDA Agenda: 04/13/11 challenge to the City's ordinance regulating the location of adult theatres. In Renton, the Court majority established that the City's regulations were not regulating the content of the speech, but rather, regulating the "secondary effects" of that speech which might be imposed on the public, especially populations judged to be sensitive to these effects. Renton's ordinance, and the court opinion validating it, established a number of standards for the regulation of adult- oriented uses. Cities were granted the ability to regulate the location of these establishments to mitigate the potential secondary effects of such uses. Q. Z What kinds of regulations can the City adopt? A.7. Essentially, the City can create restrictions by zoning district that limit the ability of the establishments, or the patrons of the establishments, to have an impact on defined sensitive populations. These usually take the form of defining the uses, specifying which zoning district such uses can be located in, and then creating a buffer zone from sensitive land uses that the City wishes to protect from the secondary effects of the establishment. It is critical to note, however, that the zones and the buffers need to be placed in such a way that adult use have a "reasonable" opportunity to locate in the community (see the comment on "pretextual" prohibitions above). Q.B. How much "opportunity" does our ordinance have to provide to avoid being considered a `preteztual "prohibition? One lot? An entire shopping center? A.B. Unfortunately, this is where the requirements are a little murky. The court's standard in Renton was a "reasonable" opportunity, a preciously minimal guide. In Renton, Washington, evidence was introduced that the ordinance regulating adult uses created an opportunity area of 5% of the City. The courts found this area to be meet its' standard of reasonableness. In the years since, many communities have confused the 5% threshold as some sort of silver bullet standard. It is not. However, it is the only real guidance we have, so we think of it as a good target to show evidence of reasonableness. Coming too far short of that threshold should raise some questions about the effect of the ordinance in illegally regulating expression. Q.9. What are these sensitive uses we can protect? A.9. Monticello's ordinance is typical, listing the following: • Residentially zoned property. • Agricultural land located in the neighboring township or in the City that is guided for residential use. • A licensed daycare center. • A public or private educational facility (elementary, middle, junior high or senior high school). • A public library. • A church. • Amusement places such as roller rinks, dance hall and bowling alleys. • Liquor sales (establishments) EDA Agenda: 04/13/11 Q.10. How much buffer can we leave from these uses? A.10. Monticello's current ordinance provides a 700 foot buffer. Others rely only on the zoning district boundaries, and several ordinances use 100 feet or some increment as their buffer zone. The balancing act is to provide some separation, while continuing to provide a reasonable opportunity area. Q.11. What if all of the land we provide is taken up by buildings and current uses? A.11. The courts have been clear that it is not the City's responsibility to play realtor for the adult use establishment — they must fend for themselves in the real estate market and if all properly zoned and located parcels are full, that's the market working, not the ordinance, just as it would be for any other business looking to locate in a particular zoning district. Q.12. What do we need to do? A.12. Because staff, including the City Attorney, believe that the Xcel Energy property is not likely to be considered "eligible" due to Nuclear Regulatory Commission requirements, not to mention its proximity to large areas of parkland, the remaining I -2 zoned land provides less than 3 percent opportunity area, and just over 1 percent when the current 700 foot buffer is applied. The challenge will be to find some combination of buffer distance and increase in the area of properly zoned parcels to get to "reasonable" — in general, something closer to 5 %. Economic Development Director Update: IEDC: The IEDC reviewed the adult uses item at their April meeting. They had no additional comments. Planning Commission: The Community Development Director completed a detailed housing report that is attached to this report for your information. Work continues at a brisk pace on the Monticello Parks and Trails Plan & Resource update. Below is a bullet point summary of progress. • Park survey complete, results tabulated. • Preliminary survey findings and draft park plan framework presented to Parks Commission and MCC Advisory Board. • Meeting with Monticello School District representatives set for early April. • NAC in contact with local athletic associations regarding plan • NAC will be meeting with Embracing Downtown Monticello engineering firm, Westwood, to coordinate downtown trail and park planning efforts. • NAC will incorporate the concept sketch for the Bertram Chain of Lakes recreation area into the draft plan. • Community meetings regarding the draft plan will be scheduled for April/May. • The City has authorized WSB to begin working on the GIS base park and trail layers, and the development of a new online mapping interface to integrate, park, trail, activity, history and point of interest information. • Database of parks, trails and park activities complete. Includes lengths, surfacing, amenities and more. Provided to WSB for GIS layer and web mapping. • Database of points of interest/historic sites created. Fact sheets on each in progress (Senior Service Program employee Carole Larsen compiling and researching). • Website application for parks /trail drafted. Parks, trail and activities tabs all complete in draft form. URL set -up in progress. BR &E: The BR &E Leadership Team will be meeting on Wednesday, April 13`h to review the status of established priority projects. The purpose of the meeting is to ensure that each project team is making progress and achieving goals. Generally speaking the following goals have already been accomplished: 1. Transportation: Transportation Plan adopted by City Council, subsequent studies authorized for Fallon Avenue and a potential second river crossing. The City also recently established a Transportation Advisory Committee (TAC). 2. Communication: Centralized website established, resources incorporated into Chamber directory. Monthly site visits to local businesses. 3. Downtown/River: City Staff, local business leaders, and MCC staff are in the process of establishing recreation programs on the river. Inquiries: Wright County Economic Development Partnership received an inquiry from a manufacturing company looking to locate in Wright County. City Staff submitted viable options of both city and privately owned parcels. The new Director is in the process of setting up a meeting to review Wright County opportunities. Industrial Marketing / Venues: Information pertaining to opportunities and amenities in Monticello was direct mailed to companies in St. Cloud. A follow up concierge piece was sent the week of April 4, 2011. Staff will also work on establishing a commercial broker breakfast event in April. The idea is to invite applicable brokers to make them aware of what Monticello has to offer potential clients. Business Communications & Retention Initiatives: The City hosted a State of the City event at the March 15`" Chamber Lunch. The event was well attended. Staff provided detail information pertaining to transportation, FiberNet, economic and community development, and Bertram Chain of Lakes. At the end of the meeting staff distributed Concierge postcards to everyone in attendance. We are making every effort to let the business community know that Monticello has many resources and we are here to help them in any way possible. The Chamber / Concierge Directory is anticipated to be delivered to the business community in April. Embracing Downtown: On March 29, 2011 a downtown stakeholder meeting was held to unveil preliminary design concepts for downtown Monticello. The meeting was well attended with nearly 40 business and land owners present. The consulting team reviewed four preliminary design concepts. After a formal presentation, attendees were split into four groups to further discuss each concept. Overall, variations of the concepts were well received. Business owners had a lot of questions pertaining to how the plans ultimately affect their business and location. Once a final alternative plan has been selected the consulting team will complete a phasing and financing plan to assist the City in turning a plan into reality over time. Economic Development related articles: Attached please find a copy of an article regarding MN's recession recovery published by Positively MN. Future Meeting Dates: 1. EDA: May 11, 2011 2. 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N O U o . �q bQ U ' o bz E IN u Dave Senf hiss* , NO Wnmsota M0 sac l Minnesota's economy is rebounding from the Great Recession at a fasterpace than the rest of the country, but the recovery this time looks nothing like the rebound after the 1990 -91 recession. Trends published an article several years ago — "Moving on Up:'Ihe Great 1990s Minnesota Expansion"— that praised Minnesota's economic performance during the 1990s.' Re state economy got a head start on the boom years by rr ging to avoid the worst of ._.e country's first jobless recovery following the 1990- 91 recession. Minnesota's job growth surged while the national job market limped along for two more years after the recession. Minnesota employers increased payroll numbers at roughly twice the national rate between 1991 and 1993, hiring 4 percent of all employees added to U.S. payrolls during the firstjobless recovery. 2,800,000 2,400,000 -- a 900,000 1990 1991 As a result Minnesota's share of the nation's wage and salary employment shot up above 2 percent for the first time (see Figure 1). Job growth in the state continued to outpace national job growth, albeit not by much, through 1996, roughly tracked national job growth for the rest of the boom years and through the 2001 recession, then slipped behind the national pace in early 2003. Minnesota workers benefited from what was essentially an 18 -year economic expansion that kicked off in 1984. Near the end of the expansion, labor shortages developed and unemployment dropped to record lows. Minnesota's average annual unemployment dipped below 4 percent for seven straight years between 1995 and 2001, achieving a record -low 2.8 percent unemployment in 1998 and 1999. `the state was a job seeker's nirvana during the late 1990s, producing record labor force participation and employment -to- population levels.lhe low jobless rate even induced domestic migration to Minnesota for the first time in three decades as workers relocated from other states to take advantage of favorable job opportunities. Wages for Minnesota workers increased faster than nationwide 1992 1993 1994 1995 1996 1997 1998 1999 201 Sourte_ Seas. 1,Mjasted employment from Current fmployment FIGURE 1 1Wt' 206 2.04 z -2.02 0 g200- a 198 „ I: I Y4 11 2002 2003 i2004 2005 2006 2007 20082009 -2010 (CES) program, Minnesota Department of Emajoyment and Economic Deueloommt MINNESOTA MIRACLE minnesota economic TRENDS march 2011 Dave Senf FIGURE Minnesota's Per Capita and Median Household Income Rankings; 1929.2009 0 - - -- 1 - Per Capita Income Rank - ® 5 • Median Household Rank ! o o o 10 � - I m • •m Jp•L • •s • •o �. m•os o ss ® m N 20 25 0• • m • • o o e 30 35 1919 1929 1939 1949 1959 1969 1979 1989 1999 2009 Source. Per copita income data fmmBureou offconomicAnalysis, U.S. Department ofCommerce. - Median householdmoomedatofromU.SCensus. - - in response to the tight labor market, driving Minnesota's average annual wages and salaries from 2 percent below the national average in 1995 to 2 percent above by 2003. The net result: By all broad economic measures Minnesota's economy outperformed the national economy during the 1990s, boosting the state's relative economic position to an all -time high. One decade, one mild recession and one Great Recession later, Minnesota's share of the national economic pie has slipped a bit, but the gains achieved during the boom years haven't completely faded. Minnesota is rebounding faster than the rest of the country from the Great Recession, and may: �F its relative economic picture is once again on the upswing. The state lost a smaller share of its payroll employment than the rest of the country during the Great Recession, with a peak - to- trough decline of 5.8 percent versus 6.1 percent nationally. More importantly, the state has been adding jobs at a much faster pace than the country since job growth resumed in late 2009. Payroll totals in Minnesota climbed 1.9 percent between September 2009 and November 2010, or almost three times as fast as the 0.7 percent increase nationally. There is still a long and bumpy job recovery ahead for Minnesota and the rest of the minnesota economic TRENDS march 2011 country, but for now the state is gaining ground relative to the rest of the nation. Through last November, Minnesota had recaptured 33 percent of the jobs lost during the Great Recession, while nationally only 11 percent of the jobs had been recovered. Minnesota's relatively strong job growth over the last year has lifted its share of payroll employment to near the record level recorded during early 2003. Other broad economic measures have stopped slipping and will likely move upward again if Minnesota's job growth continues to run ahead of the national pace. During the boom years of the 1990s, Minnesota's per capita personal income and median household income rocketed to the upper tier after having hovered in the mid -teens during the previous two decades (see Figure 2). Minnesota's per capita income climbed to the eighth - highest by 2003 before starting to tail off as state job growth lagged behind the national rate. Over the last few years, Alaska, California, Illinois, Hawaii, Virginia, Washington and Wyoming have passed Minnesota, pushing the state's standing down to 15th in 2009. Minnesota's per capita income slipped from 9.4 to 5.6 percent higher than the U.S. average between 2004 and NO MINNESOTA MIRACLE 2009. The decline translates into $1,500 per person in 2009. U.S. census data on median household income nationally show a similar track for Minnesota. The state's median household income ranking jumped from the mid -teens in the early 1990s to second place behind Maryland in 2000 before dropping to 11th in 2009. Minnesota's median household income was reported by the census to be 29.2 percent higher than the national median household in 2000. Nine years later the state's median household income was only 12.7 percent higher than the national than household. The state's 2009 median household income would have been roughly $64,300 rather than the actual $56,100 reported for 2009 if Minnesota had held on to the 29.2 percent advantage enjoyed in 2000. Minnesotan's relative income slide between 2003 and 2009 occurred across all major components of personal income except for personal current transfer receipts (see Figure 3).2 Personal current transfer receipts are primarily government payments, including Social Security, Medicare and Medicaid benefits, food stamps, veterans benefits and unemployment 'ranee compensation. _mesota's share of these X10 MINNESOTA MIRACLE sources of income declined during the boom years but climbed over the last decade. Minnesota's share of the other personal income components, including the largest source of income, wage and salary disbursements, spiked during the boom years before peaking around 2003. Wages and salaries then waned from 2005 to 2007 before flattening out during the Great Recession. Most of the state's relative loss in per capita income can be traced to lower shares of wage and salary disbursements and dividends, interest and rent income. Minnesota's share of the national wage and salary pie probably got a tad bigger in 2010 because the state added jobs at a faster clip than many other parts liavP CPnf of the country. Unlike some other states, Minnesota is not experiencing a jobless recovery. The employment rebound may not be as robust as hoped for, given the depth ofjob loss during the Great Recession, but job opportunities are improving as layoffs gradually return to pre - recession levels and hiring slowly picks up. Job creation over the last year in Minnesota has been led by the administrative and waste services (temp help jobs), accommodation and food services, and health care and social assistance sectors. Manufacturing, private educational services, retail and information hiring have also shown encouraging signs of life. minnesota economic TRENDS march 2011 _ FIGURE 3 - Minnesota's Share of 2 U.S. Personal Income Components, 1989.2010 [.E .0 a 1.9 �- E 1.8 wageand5alary - Personal Current Income 17 Disbursements Transfer Receipts I Personal Income 'Ilion Dividends, Interest $38.6 Billion Wa eandSala $16.9 Billion o 229.0 i ion and Rent Isupplements a, 1.6 $40.2 Billion $29.8 Billion a d iO 1.5 p 1.4 1.3 1.2 89 00 10 89 00 10 89 00 ` 10 89 ` 00 10 89 -00 10 89 " 00 10 -..': - Source Bureau Df &dnomirAnalysa, US DepartmentofCammerre Inromn data for2010ts thioughthethiidquarter f heamountsshownaretheseasoriallyodJustedonnualestimatesfortheth udquarter201Q minnesota economic TRENDS march 2011 Dave Senf aux� FIGURE The dismal housing market Minnesota Job Growth After Recent Recessions continues to be a major dog 200910 0 200203 : 1991 -92 roadblock to a more robust Localgovernment job market, with construction —, and real estate jobs declining State government over the last year. Those sectors -F= added jobs during the previous - Federal, civilian mm recoveries. Otherservices, except public administration Job growth over the last year Accommodation and food services looks a o loo J like t l more e job growth experienced after Arts, entertainment, and recreation the 1990 -91 recession than after the 2001 recession - Healthcareandsdcialassistance (see Figure 4). Minnesota's Educational services o payroll employment through November 2010 was up 40,700 Administrative and waste services jobs in the 14 months since Management of companies and enterprises �� bottoming out in September 2009. Fourteen months Professional, scientific, and technical services m - after the 1990 -91 recessions 50,100 jobs had been added to Real estate and rental and leasing M11111M Minnesota payrolls. Minnesota's first and so far only jobless Finance and insurance recovery followed the 2001 Information mmmmumemo recession, when just 1,700 jobs � had been added 14 months Transportation and warehousing and utilities ° after bottoming out.' Retail trade MMMMOM MM While Minnesota has for now Wholesaletrade dodged another jobless recovery Nondurable goods manufacturing, - and is again gaining a larger -,T..� share of the nations economic pie, the state's labor market has Durable goads manufacturing L' just begun to climb out of the Construction deep job hole carved out by the Great Recession. The state N atural Resource s and Mining needs three more years of job - 15,000 10,000 -5,000 0 5,000 10,000 15,000 growth similar to last years pace to fully regain the jobs lost Source: SeasonolFcogiustedemploymenifromtheCurrentEmploymentSmistics (CES)program in 2008 and 2009. n Minnesota Department of Employment and Economk Development I i ENDNOTES, ' Sent, Dave, 'Moving on Up: The Great 1990s Minnesota 0pansian ;'Minnesota Economic Trends, January 2004- ' More information on state personal income estimates by the Bureau of Economic Analysis can be found at http .11wwweea.gdvlregionallspil. To smooth out the monthly swings in Cruiser Employment Statistics data, the three -month average surrounding the month when jobs bottomed out during the pac recessions are compared with the three -month moving average 14 months after each recession . minnesota economic TRENDS march 2011 NO MINNESOTA MIRACLE